STATE OF NEW YORK
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S. 2812--C A. 4012--C
SENATE - ASSEMBLY
February 1, 2011
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT relating to constituting chapter 18-A of the consolidated laws in
relation to financial services; to amend the insurance law, the bank-
ing law, the executive law, the education law, the energy law, the
state technology law, the real property law, the general business law,
the public authorities law, the public health law, the public service
law, the New York state defense emergency act, the state finance law,
the criminal procedure law, the tax law, and chapter 784 of the laws
of 1951, constituting the New York state defense emergency act, in
relation to the creation of the department of financial services; to
amend chapter 322 of the laws of 2007, amending the banking law relat-
ing to the power of banks, private bankers, trust companies, savings
banks, savings and loan associations, credit unions and foreign bank-
ing corporations to exercise the rights of national banks, federal
savings associations, federal credit unions and federal branches and
agencies of foreign banks, in relation to the effectiveness of certain
provisions of such chapter; to transfer certain authority with respect
to consumer protection from the executive law to the department of
state; to amend chapter 3 of the laws of 1997, amending the banking
law and the insurance law relating to authorizing the banking board to
permit banks and trust companies to exercise the rights of national
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12576-05-1
S. 2812--C 2 A. 4012--C
banks, in relation to the effectiveness of the provisions of such
chapter; and to repeal certain provisions of the banking law, the
insurance law, the executive law, the agriculture and markets law, the
general business law, the tax law, the criminal procedure law and
chapter 610 of the laws of 1995, amending the insurance law relating
to investments relating to financial services and to making technical
corrections; and providing for the repeal of certain provisions upon
expiration thereof (Part A); Intentionally omitted (Part B); to amend
the correction law and the executive law, in relation to merging the
department of correctional services and division of parole into the
department of corrections and community supervision; repealing certain
provisions of the executive law relating thereto; and providing for
the repeal of certain provisions upon expiration thereof (Subpart A);
and to amend the correction law, abandoned property law, alcoholic
beverage control law, civil practice law and rules, civil rights law,
civil service law, county law, court of claims act, criminal procedure
law, education law, election law, environmental conservation law,
executive law, facilities development corporation act, family court
act, general business law, general municipal law, labor law, legisla-
tive law, mental hygiene law, municipal home rule law, penal law,
public buildings law, public health law, public officers law, railroad
law, retirement and social security law, social services law, state
administrative procedure act, state finance law, state technology law,
surrogate's court procedure act, tax law, town law, vehicle and traf-
fic law, and the workers' compensation law, in relation to making
conforming technical changes; and to repeal certain provisions of the
correction law relating thereto (Subpart B) (Part C); to amend the
economic development law, in relation to transferring the powers,
functions and affairs of the New York state foundation for science,
technology and innovation to the division of science, technology and
innovation within the department of economic development; and to
repeal sections 3151 and 3152 of the public authorities law relating
thereto (Part D); and to amend the executive law, in relation to
gubernatorial reorganization of governmental agencies and functions;
and to amend the legislative law, in relation to formulation of a
concurrent resolution; and providing for the repeal of such provisions
upon expiration thereof (Part E)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2011-2012
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through E. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
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1 Section 1. Chapter 18-A of the consolidated laws is added to read as
2 follows:
3 CHAPTER 18-A OF THE CONSOLIDATED LAWS
4 FINANCIAL SERVICES LAW
5 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 101. Short title.
8 101-a. Legislative findings and determinations.
9 102. Department of financial services.
10 103. Explanation of order of provisions.
11 104. Definitions.
12 § 101. Short title. This chapter shall be known and may be cited as
13 the "financial services law".
14 § 101-a. Legislative findings and determinations. The legislature
15 finds and determines that the banking, insurance and financial services
16 industries constitute a critical sector of New York state's economy.
17 The legislature also finds and determines that responsive, effective,
18 innovative, state banking and insurance regulation is necessary to oper-
19 ate in a global, evolving and competitive market place.
20 The legislature additionally finds and determines that this legis-
21 lation is necessary to modernize and transform the present state banking
22 department and state insurance department into a new integrated depart-
23 ment of financial services.
24 § 102. Department of financial services. The legislature hereby
25 declares that the purpose of this chapter is to consolidate the depart-
26 ments of insurance and banking, and provide for the enforcement of the
27 insurance, banking and financial services laws, under the auspices of a
28 single state agency to be known as the "department of financial
29 services" and to accomplish goals including the following:
30 (a) To encourage, promote and assist banking, insurance and other
31 financial services institutions to effectively and productively locate,
32 operate, employ, grow, remain, and expand in New York state;
33 (b) To establish a modern system of regulation, rule making and adju-
34 dication that is responsive to the needs of the banking and insurance
35 industries and to the needs of the state's consumers and residents;
36 (c) To provide for the effective and efficient enforcement of the
37 banking and insurance laws;
38 (d) To expand the attractiveness and competitiveness of the state
39 charter for banking institutions and to promote the conversion of banks
40 to such status;
41 (e) To promote and provide for the continued, effective state regu-
42 lation of the insurance industry;
43 (f) To provide for the regulation of new financial services products;
44 (g) To promote the prudent and continued availability of credit,
45 insurance and financial products and services at affordable costs to New
46 York citizens, businesses and consumers;
47 (h) To promote, advance and spur economic development and job creation
48 in New York;
49 (i) To ensure the continued safety and soundness of New York's bank-
50 ing, insurance and financial services industries, as well as the prudent
51 conduct of the providers of financial products and services, through
52 responsible regulation and supervision;
53 (j) To protect the public interest and the interests of depositors,
54 creditors, policyholders, underwriters, shareholders and stockholders;
S. 2812--C 4 A. 4012--C
1 (k) To promote the reduction and elimination of fraud, criminal abuse
2 and unethical conduct by, and with respect to, banking, insurance and
3 other financial services institutions and their customers; and
4 (l) To educate and protect users of banking, insurance, and financial
5 services products and services through the provision of timely and
6 understandable information.
7 § 103. Explanation of order of provisions. In this financial services
8 law, the provisions have been divided in descending order of applica-
9 tion, with illustrations, as follows:
10 Article 1
11 Section 101
12 Subsection (a)
13 Paragraph (1)
14 Subparagraph (A)
15 Item (i)
16 Clause (I)
17 Subitem (aa)
18 Subclause (aaa)
19 § 104. Definitions. (a) In this chapter, unless the context otherwise
20 requires:
21 (1) "Department" shall mean the department of financial services.
22 (2) "Financial product or service" shall mean: (A) any financial prod-
23 uct or financial service offered or provided by any person regulated or
24 required to be regulated by the superintendent pursuant to the banking
25 law or the insurance law or any financial product or service offered or
26 sold to consumers except financial products or services: (i) regulated
27 under the exclusive jurisdiction of a federal agency or authority, (ii)
28 regulated for the purpose of consumer or investor protection by any
29 other state agency, state department or state public authority, or (iii)
30 where rules or regulations promulgated by the superintendent on such
31 financial product or service would be preempted by federal law; and
32 (B) "Financial product or service" shall also not include the follow-
33 ing, when offered or provided by a provider of consumer goods or
34 services: (i) the extension of credit directly to a consumer exclusive-
35 ly for the purpose of enabling that consumer to purchase such consumer
36 good or service directly from the seller, (ii) the collection of debt
37 arising from such credit, or (iii) the sale or conveyance of such debt
38 that is delinquent or otherwise in default.
39 (2-a) A "financial product or service regulated for the purpose of
40 consumer or investor protection": (A) shall include (i) any product or
41 service for which registration or licensing is required or for which the
42 offeror or provider is required to be registered or licensed by state
43 law, (ii) any product or service as to which provisions for consumer or
44 investor protection are specifically set forth for such product or
45 service by state statute or regulation and (iii) securities, commodities
46 and real property subject to the provisions of article twenty-three-a of
47 the general business law, and (B) shall not include products or services
48 solely subject to other general laws or regulations for the protection
49 of consumers or investors.
50 (3) "Person" shall mean any individual, partnership, corporation,
51 association or any other entity.
52 (4) "Regulated person" or "person regulated" shall mean any person (A)
53 operating under or required to operate under a license, registration,
54 certificate or authorization under the insurance law or the banking law,
55 (B) authorized, accredited, chartered or incorporated or possessing or
56 required to possess other similar status under the insurance law or the
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1 banking law, or (C) regulated by the superintendent pursuant to this
2 chapter.
3 (5) "Superintendent" shall mean the superintendent of financial
4 services of this state.
5 (b) Whenever the terms "include", "including" or terms of similar
6 import appear in this chapter, unless the context requires otherwise,
7 such terms shall not be construed to imply the exclusion of any person,
8 class or thing not specifically included.
9 (c) A reference in this chapter to any other law or statute of this
10 state, or of any other jurisdiction, means such law or statute as
11 amended to the effective date of this chapter, and unless the context
12 otherwise requires, as amended thereafter.
13 ARTICLE 2
14 ORGANIZATION OF THE DEPARTMENT OF FINANCIAL SERVICES
15 Section 201. Declaration of policy.
16 202. Superintendent.
17 203. Deputies; employees.
18 204. Offices of the department.
19 205. Bureaus.
20 205-a. Report.
21 205-b. State charter advisory board.
22 206. Assessments to defray operating expenses of the department.
23 § 201. Declaration of policy. (a) It is the intent of the legislature
24 that the superintendent shall supervise the business of, and the persons
25 providing, financial products and services, including any persons
26 subject to the provisions of the insurance law and the banking law.
27 (b) The superintendent shall take such actions as the superintendent
28 believes necessary to:
29 (1) foster the growth of the financial industry in New York and spur
30 state economic development through judicious regulation and vigilant
31 supervision;
32 (2) ensure the continued solvency, safety, soundness and prudent
33 conduct of the providers of financial products and services;
34 (3) ensure fair, timely and equitable fulfillment of the financial
35 obligations of such providers;
36 (4) protect users of financial products and services from financially
37 impaired or insolvent providers of such services;
38 (5) encourage high standards of honesty, transparency, fair business
39 practices and public responsibility;
40 (6) eliminate financial fraud, other criminal abuse and unethical
41 conduct in the industry; and
42 (7) educate and protect users of financial products and services and
43 ensure that users are provided with timely and understandable informa-
44 tion to make responsible decisions about financial products and
45 services.
46 § 202. Superintendent. (a) The head of the department shall be the
47 superintendent of financial services, who shall be appointed by the
48 governor, by and with the advice and consent of the senate, and who
49 shall hold office at the pleasure of the governor. The superintendent
50 shall possess the rights, powers, and duties in connection with finan-
51 cial services and protection in this state, expressed or reasonably
52 implied by this chapter or any other applicable law of this state.
53 (b) The superintendent may, in the superintendent's discretion, desig-
54 nate one of the superintendent's deputies to act as superintendent
55 during the superintendent's absence or inability to act. If the office
56 of superintendent is vacant, or if the superintendent's absence or
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1 inability to act continues for a period of more than thirty successive
2 days, the governor may designate a deputy to act as superintendent until
3 the filling of the vacancy or the return or recovery of the superinten-
4 dent.
5 (c) Whenever in this chapter, the banking law, the insurance law or
6 any other law the superintendent is authorized but not required to take
7 any action or the superintendent's approval is required as a condition
8 precedent to the doing of any act, the taking of such action and the
9 giving of such approval shall be within the superintendent's sound
10 discretion. In taking any action with respect to any banking organiza-
11 tion, and in approving or disapproving any application made by a banking
12 organization, the superintendent shall give due consideration to the
13 policy of the state of New York as set forth in section ten of the bank-
14 ing law.
15 § 203. Deputies; employees. (a) The superintendent shall appoint a
16 deputy for insurance who shall be the head of the insurance division and
17 a deputy for banking who shall be the head of the banking division. The
18 superintendent may appoint such other deputies as the superintendent
19 deems necessary to fulfill the responsibilities of the department. The
20 superintendent may remove at will any deputy appointed by the super-
21 intendent, except as may be otherwise provided by the civil service law.
22 (b) The superintendent may appoint and remove from time to time, in
23 accordance with law and any applicable rules of the state civil service
24 commission, such employees, under such titles as the superintendent may
25 assign, as the superintendent may deem necessary for the efficient
26 administration of the department. They shall perform such duties as the
27 superintendent shall assign to them. The compensation of such employees
28 shall be determined by the superintendent in accordance with law.
29 (c) Any action that the superintendent is required or authorized here-
30 inafter by this chapter, the banking law, the insurance law or other
31 laws to take may be taken by a deputy or authorized employee to whom the
32 duty of taking such action has been delegated or assigned by the super-
33 intendent.
34 § 204. Offices of the department. Suitable offices for conducting the
35 business of the department shall be located in the cities of Albany and
36 New York, and such other cities as the superintendent deems necessary.
37 Necessary additional office, filing and storage space that cannot be
38 supplied by the state commissioner of general services may be leased by
39 the superintendent, and rent or expenses incurred pursuant to any such
40 lease shall, unless otherwise provided for, be paid on the certificate
41 of the superintendent and the audit and warrant of the comptroller.
42 § 205. Bureaus. The superintendent shall establish an insurance divi-
43 sion and a banking division. The superintendent may establish such other
44 bureaus, divisions, and other units within the department as may be
45 necessary for the administration and operation of the department and the
46 proper exercise of its powers and the performance of its duties, under
47 this chapter, and may, from time to time, consolidate or abolish such
48 divisions, bureaus or other units within the department. Notwithstanding
49 any inconsistent provision of law, the superintendent may determine the
50 official functions of each division, bureau, or other unit within the
51 department. There shall be a head of each bureau, division or other unit
52 to be appointed by the superintendent, who shall serve at the pleasure
53 of the superintendent, except as may be otherwise provided by the civil
54 service law. The heads of bureaus, divisions or units in the banking and
55 insurance departments who are in office when this chapter takes effect
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1 shall continue in office at the pleasure of the superintendent, except
2 as may be otherwise provided by the civil service law.
3 § 205-a. Report. The governor shall by June thirtieth, two thousand
4 eleven, create a working group to examine ways to improve the efficiency
5 and effectiveness of banking regulation and insurance regulation,
6 including opportunities to integrate certain regulatory activities
7 prescribed by the banking law and the insurance law. Such working group
8 shall consult, in making its examination, with representatives of the
9 banking, insurance and financial services industries. On or before Janu-
10 ary first, two thousand twelve, the superintendent shall issue a report
11 on the results of this review to the governor, the speaker of the assem-
12 bly and the temporary president of the senate.
13 § 205-b. State charter advisory board. There shall be within the
14 department a state charter advisory board to work with the superinten-
15 dent in retaining state chartered banking institutions, encouraging
16 federally chartered institutions to convert to a state charter and
17 promoting the state banking system. There shall be nine members of the
18 advisory board who shall be appointed by the superintendent. The member-
19 ship shall consist of: (a) one representative of credit unions, (b) one
20 representative of consumers, (c) one representative of foreign banks;
21 and (d) representatives of banks which, to the extent practicable,
22 reflect a range of size and geographical location, provided, however,
23 that at least one shall represent institutions of more than three
24 billion dollars in assets; at least two shall represent institutions of
25 less than five hundred million dollars in assets. The superintendent
26 shall make rules to govern the method by which state chartered insti-
27 tutions may nominate persons to the board and the process for selecting
28 such members, provided that the representative of consumers shall be
29 selected by the superintendent. The term of each member of such advi-
30 sory board shall be three years, or until a successor is appointed and
31 vacancies shall be filled for the unexpired term only. The board shall
32 meet at least three times annually pursuant to the call of the super-
33 intendent. Such meetings may be held by means of a conference telephone
34 or similar communications equipment allowing all persons participating
35 in the meeting to hear each other at the same time. The members of the
36 advisory board shall receive no compensation nor reimbursement for
37 expenses. The advisory board may:
38 (1) consider and recommend ways to maintain the state charter as a
39 viable and attractive option, including bringing to the superintendent's
40 attention issues of concern to state chartered banking institutions;
41 (2) consider and recommend ways to encourage banking institutions to
42 offer a diversity of financial products and services throughout the
43 state;
44 (3) recommend to the superintendent the establishment of such laws as
45 may be deemed necessary, and the amendment or repeal thereof;
46 (4) recommend to the superintendent the promulgation of rules and
47 regulations not inconsistent with the law, as may be deemed necessary,
48 and the amendment or repeal thereof; and
49 (5) report within thirty days after receipt, on any proposed regu-
50 lations, amendments thereto, or repeal thereof, prior to final action
51 thereon by the superintendent.
52 The advisory board shall have no executive, administrative or appoin-
53 tive powers or duties.
54 § 206. Assessments to defray operating expenses of the department.
55 (a) For each fiscal year commencing on or after April first, two thou-
56 sand twelve, assessments to defray operating expenses, including all
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1 direct and indirect costs, of the department, except expenses incurred
2 in the liquidation of banking organizations, shall be assessed by the
3 superintendent in accordance with this subsection. Persons regulated
4 under the insurance law shall be assessed by the superintendent for the
5 operating expenses of the department that are solely attributable to
6 regulating persons under the insurance law, which shall include any
7 expenses that were permissible to be assessed in fiscal year two thou-
8 sand nine-two thousand ten, with the assessments allocated pro rata upon
9 all domestic insurers and all licensed United States branches of alien
10 insurers domiciled in this state within the meaning of paragraph four of
11 subsection (b) of section seven thousand four hundred eight of the
12 insurance law, in proportion to the gross direct premiums and other
13 considerations, written or received by them in this state during the
14 calendar year ending December thirty-first immediately preceding the end
15 of the fiscal year for which the assessment is made (less return premi-
16 ums and considerations thereon) for policies or contracts of insurance
17 covering property or risks resident or located in this state the issu-
18 ance of which policies or contracts requires a license from the super-
19 intendent. Persons regulated under the banking law shall be assessed by
20 the superintendent for the operating expenses of the department that are
21 solely attributable to regulating persons under the banking law in such
22 proportions as the superintendent shall deem just and reasonable. Oper-
23 ating expenses of the department not covered by the assessments set
24 forth above shall be assessed by the superintendent in such proportions
25 as the superintendent shall deem just and reasonable upon all domestic
26 insurers and all licensed United States branches of alien insurers domi-
27 ciled in this state within the meaning of paragraph four of subsection
28 (b) of section seven thousand four hundred eight of the insurance law,
29 and upon any regulated person under the banking law, other than mortgage
30 loan originators, except as otherwise provided by sections one hundred
31 fifty-one and two hundred twenty-eight of the workers' compensation law
32 and by section sixty of the volunteer firefighters' benefit law. The
33 provisions of this subsection shall not be applicable to a bank holding
34 company, as that term is defined in article three-A of the banking law.
35 Persons regulated under the banking law will not be assessed for
36 expenses that the superintendent deems to benefit solely persons regu-
37 lated under the insurance law, and persons regulated under the insurance
38 law will not be assessed for expenses that the superintendent deems to
39 benefit solely persons regulated under the banking law.
40 (b) For each fiscal year commencing on or after April first, two thou-
41 sand twelve, a partial payment shall be made by each entity subject to
42 this section in a sum equal to twenty-five per centum, or such other per
43 centum or per centums as the superintendent may prescribe, of the annual
44 expenses assessed upon it for the fiscal year as estimated by the super-
45 intendent. Such payment shall be made on March tenth of the preceding
46 fiscal year and on June tenth, September tenth and December tenth of
47 each year, or at such other dates as the superintendent may prescribe.
48 The balance of assessments for the fiscal year shall be paid upon deter-
49 mination of the actual amount due in accordance with the provisions of
50 this section. Any overpayment of annual assessment resulting from
51 complying with the requirements of this subsection shall be applied
52 against the next estimated quarterly assessment, if less than or equal
53 to such amount, with any excess refunded to the assessed. As an alterna-
54 tive, if the estimated annual assessment for the fiscal year is equal to
55 or less than the annual minimum assessment set by the superintendent,
56 the superintendent may require full payment to be made on or before
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1 September thirtieth or such other date of the fiscal year as the super-
2 intendent may determine.
3 (c) The expenses incurred in making examinations of, or for special
4 services performed on account of, any bank holding company, as that term
5 is defined in the banking law, or any regulated person under the banking
6 law, shall be assessed provided, however, that the superintendent, in
7 the superintendent's sole discretion, may determine, with respect to
8 expenses incurred in the making of any specific examination or investi-
9 gation, or the performing of any special services, that any such expense
10 shall be assessed against and paid by the bank holding company or any
11 other regulated person under the banking law for which they were
12 incurred or performed.
13 (d) The expenses incurred in making an examination of any affiliate of
14 a banking organization pursuant to the banking law, and the expenses
15 incurred in making an examination, pursuant to the banking law, of a
16 non-banking subsidiary of a corporation or any other entity that is an
17 affiliate of a banking organization, shall be assessed against and paid
18 by such banking organization if the affiliate cannot be assessed pursu-
19 ant to the provisions of the banking law.
20 (e) The superintendent may, in the superintendent's sole discretion,
21 upon notice, suspend the license, registration, certificate or authority
22 (for purposes of this section, a license) granted to any person pursuant
23 to this chapter, the banking law or insurance law, upon the failure of
24 such person to make any payment required by this section within thirty
25 days after the due date. If the superintendent has suspended any such
26 license, such license may be reinstated if the superintendent determines
27 that such person has made any such payments within ninety days after the
28 date of such notice of suspension. Otherwise, unless the superinten-
29 dent, in the superintendent's sole discretion, has extended such suspen-
30 sion, the license of such person shall be deemed to be automatically
31 terminated by operation of law at the close of business on such nineti-
32 eth day.
33 (f) (1) The expenses of every examination of the affairs of any regu-
34 lated person subject to the insurance law, including an appraisal of
35 such regulated person's real property or of any real property on which
36 such regulated person holds a mortgage, made pursuant to the authority
37 conferred by any provision of this chapter, the insurance law or the
38 banking law, shall be borne and paid by the regulated person so exam-
39 ined, but the superintendent, with the approval of the comptroller, may
40 in the superintendent's discretion for good cause shown remit such
41 charges.
42 (2) (A) For any such examination by the superintendent or a deputy
43 superintendent personally, the charge made shall be only for necessary
44 traveling expenses and other actual expenses. In all other cases, the
45 expenses of examination shall also include reimbursement for the compen-
46 sation paid for the services of persons employed by the superintendent
47 or by the superintendent's authority to make such examination or
48 appraisal.
49 (B) Notwithstanding any provisions of this section to the contrary, in
50 case of an examination or appraisal of a domestic insurer made within
51 this state, the traveling and living expense of the person or persons
52 making the examination shall be considered a cost of operation, as
53 referred to in section three hundred thirty-two of the insurance law and
54 not an expense of examination.
55 (3) All charges, including necessary traveling and other actual
56 expenses, except as hereinabove provided, as audited by the comptroller
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1 and paid on the comptroller's warrant in the usual manner by the comp-
2 troller to the person or persons making the examination or appraisal,
3 shall be presented to the insurer, or other person whose duty it is to
4 pay the same, in the form of a copy of the itemized bill therefor as
5 certified and approved by the superintendent or by any deputy super-
6 intendent or authorized employee of the department. Upon receiving such
7 certified copy the insurer or other person whose duty it is to pay such
8 charges shall pay the amount thereof to the superintendent, to be paid
9 by the superintendent into the state treasury.
10 ARTICLE 3
11 ADMINISTRATIVE AND PROCEDURAL PROVISIONS
12 Section 301. Powers of the superintendent.
13 302. Regulations by superintendent.
14 303. Orders of superintendent; when writing required.
15 304. Notice; how given.
16 304-a. Actions of the department subject to the state adminis-
17 trative procedure act.
18 305. Hearings; conduct; findings and report.
19 306. Attendance of witnesses; production of documents and
20 records.
21 307. Intentionally omitted.
22 308. Judicial review of orders, regulations and decisions of
23 superintendent.
24 309. Injunction to restrain violation of this chapter.
25 310. Certificates as evidence; affirmation of documents and
26 testimony.
27 § 301. Powers of the superintendent. (a) The superintendent shall
28 have such powers as are conferred upon the superintendent by this chap-
29 ter, the banking law, the insurance law or any other law of this state.
30 (b) The superintendent shall have the power to conduct investigations,
31 research, studies and analyses of matters affecting the interests of
32 consumers of financial products and services, including tracking and
33 monitoring complaints.
34 (c) The superintendent shall have the power to protect users of finan-
35 cial products and services, including:
36 (1) taking such actions as the superintendent deems necessary to
37 educate and protect users of financial products and services;
38 (2) receiving complaints of consumers of financial products and
39 services, and where appropriate (A) providing assistance to consumers;
40 (B) mediating the resolution of such complaints with providers of finan-
41 cial products and services; or (C) referring such complaints to the
42 appropriate federal, state or local agency authorized by law for appro-
43 priate action on such complaints;
44 (3) studying the operation of laws and advising and making recommenda-
45 tions to the governor on matters affecting consumers of and investors in
46 financial products and services and promoting and encouraging the
47 protection of the legitimate interests of users of such financial
48 products and services;
49 (4) cooperating with, assisting and, when appropriate, referring
50 matters to the attorney general in the carrying out of the attorney
51 general's legal enforcement responsibilities for the protection of
52 consumers of and investors in financial products and services;
53 (5) initiating and encouraging consumer financial education programs,
54 and disseminating materials to educate users of financial products and
55 services;
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1 (6) providing technical assistance to local governments and not-for-
2 profits in the development of consumer protection measures with respect
3 to financial products and services; and
4 (7) continuing and expanding the detection, investigation and
5 prevention of insurance fraud.
6 § 302. Regulations by superintendent. (a) The superintendent shall
7 have the power to prescribe and from time to time withdraw or amend, in
8 writing, rules and regulations and issue orders and guidance involving
9 financial products and services, not inconsistent with the provisions of
10 this chapter, the banking law, the insurance law and any other law in
11 which the superintendent is given authority:
12 (1) effectuating any power given to the superintendent under the
13 provisions of this chapter, the insurance law, the banking law, or any
14 other law to prescribe forms or make regulations;
15 (2) interpreting the provisions of this chapter, the insurance law,
16 the banking law, or any other applicable law; and
17 (3) governing the procedures to be followed in the practice of the
18 department.
19 (b) The superintendent may promulgate a list of financial products and
20 services excluded from regulation by the superintendent, provided that
21 such exclusion shall not limit in any way the ability of the superinten-
22 dent to take any actions with respect to fraud provided for in this
23 chapter, the insurance law, the banking law or any other applicable law.
24 § 303. Orders of superintendent; when writing required. Whenever by
25 any provision of this chapter, the insurance law, the banking law or any
26 other applicable law the superintendent is authorized to grant any
27 approval, authorization or permission or to make any other order or
28 determination affecting any person subject to the provisions of this
29 chapter, the insurance law, the banking law or any other law, such order
30 or determination shall not be effective unless made in writing and
31 signed by the superintendent or by the superintendent's authority.
32 § 304. Notice; how given. (a) (1) Except when other notice is required
33 by law, whenever the provisions of this chapter, the insurance law, the
34 banking law or any other applicable law require the superintendent to
35 give notice to any person of any authorized action or proposed action,
36 it shall be sufficient to give such notice in writing either by deliver-
37 ing it to such person or by depositing the same in the United States
38 mail, postage prepaid, registered or certified, and addressed to the
39 last known place of business of such person or if no such address is
40 known to the superintendent, then to the residence address of such
41 person.
42 (2) Such notice shall refer to the provisions of this chapter, the
43 insurance law, the banking law or any other applicable law pursuant to
44 which the authorized action was taken or is proposed to be taken and the
45 grounds therefor, but failure to make such reference shall not render
46 the notice ineffective if the person to whom it is addressed is thereby
47 or otherwise reasonably apprised of such grounds.
48 (3) If the person being notified is entitled to a hearing by the
49 provisions of this chapter, the banking law, the insurance law or any
50 other law, the notice of proposed action may specify that such proposed
51 action may be considered, or when authorized, taken on a date specified
52 in the notice unless such person shall notify the superintendent in
53 writing that a hearing is demanded; in such case the superintendent
54 shall give such person a further notice of the time and place of such
55 hearing in the manner stated in this paragraph, and to the address spec-
56 ified by such person if provided.
S. 2812--C 12 A. 4012--C
1 (b) Whenever the provisions of this chapter, the insurance law, the
2 banking law, or any other law require the superintendent to give to any
3 person a hearing on any proposed action, it shall be sufficient compli-
4 ance with such requirement if the superintendent gives to such person:
5 (1) notice of the time and the place at which an opportunity for hear-
6 ing will be afforded, and
7 (2) an opportunity for hearing, if the person appears at the time and
8 place specified in the notice or any adjourned date.
9 (c) Any hearing of which such notice is given may be adjourned from
10 time to time without other notice than the announcement thereof at such
11 hearing.
12 (d) Whenever any person is entitled to a hearing by the provisions of
13 this chapter, the insurance law, the banking law, or any other law
14 before any proposed action is taken, the notice of such proposed action
15 may, if the superintendent deems it expedient, be in the form of a
16 notice to show cause stating that such proposed action may be taken
17 unless such person shows cause at a hearing to be held at a time and
18 place specified in such notice, why such proposed action should not be
19 taken.
20 (e) The statement of any regular salaried employee of the department
21 of financial services, subscribed and affirmed by such employee as true
22 under the penalties of perjury, stating facts which show that any notice
23 referred to in this section has been delivered or mailed as hereinbefore
24 provided, shall be presumptive evidence that such notice has been duly
25 delivered or mailed, as the case may be.
26 § 304-a. Actions of the department subject to the state administrative
27 procedure act. Unless otherwise specifically exempted in this chapter,
28 all rule making and adjudicatory proceedings shall be made in accordance
29 and consistent with the provisions of the state administrative procedure
30 act.
31 § 305. Hearings; conduct; findings and report. (a) Unless otherwise
32 provided in this chapter, the banking law, the insurance law or any
33 other law, any hearing pursuant to any such law may be held before the
34 superintendent, any deputy superintendent, or any designated salaried
35 employee of the department authorized by the superintendent for such
36 purpose. Any adjudicatory proceeding, including any hearings to assess
37 civil penalties under section four hundred eight of this chapter, held
38 pursuant to the provisions of this chapter, the insurance law or the
39 banking law shall be noticed, conducted and administered in compliance
40 with the state administrative procedure act.
41 (b) The person conducting such hearing shall have power to administer
42 oaths, examine and cross-examine witnesses and receive documentary
43 evidence, and shall report his or her findings, orally or in writing, to
44 the superintendent with or without recommendation. Such report, if
45 adopted by the superintendent may be the basis of any determination made
46 by the superintendent. One hundred twenty days after the effective date
47 of a determination of liability for a civil penalty pursuant to section
48 four hundred eight of this chapter or four hundred three, one thousand
49 one hundred two, two thousand one hundred two, two thousand one hundred
50 seventeen, two thousand one hundred thirty-three or seven thousand eight
51 hundred sixteen of the insurance law, such determination of liability
52 for a civil penalty may be entered as a judgment and enforced, without
53 court proceedings, in the same manner as the enforcement of a money
54 judgment in civil actions in any court of competent jurisdiction or any
55 other place provided for the entry of civil judgment within this state.
S. 2812--C 13 A. 4012--C
1 (c) Every such hearing, except for hearings under the banking law,
2 shall be open to the public unless the superintendent or the person
3 authorized by the superintendent to conduct such hearing, shall deter-
4 mine that a private hearing would be in the public interest, in which
5 case the hearing shall be private. Hearings under the banking law shall
6 be as provided for in the banking law.
7 (d) Every person affected shall be allowed to be present during the
8 giving of all the testimony, and shall be allowed a reasonable opportu-
9 nity to inspect all adverse documentary proof, to examine and cross-exa-
10 mine witnesses, and to present proof in support of the person's inter-
11 est.
12 (e) Nothing herein contained shall require the observance at any such
13 hearing of formal rules of pleading or evidence.
14 § 306. Attendance of witnesses; production of documents and records.
15 (a) The superintendent or the person authorized by the superintendent to
16 conduct a hearing or investigation shall have power to subpoena
17 witnesses, compel the attendance of witnesses, administer oaths, examine
18 any person under oath, and to compel any person to subscribe to his or
19 her testimony after it has been correctly reduced to writing, and in
20 connection therewith to require the production of any books, papers,
21 records, correspondence or other documents which the superintendent
22 deems relevant to the inquiry. A subpoena issued under this section
23 shall be regulated by the civil practice law and rules.
24 (b) No person subject to the provisions of this chapter, the insurance
25 law or the banking law whose conduct, condition or practices are being
26 investigated, and no officer, director or employee of any such person,
27 shall be entitled to witness or mileage fees.
28 (c) In addition to the liabilities and punishment prescribed by the
29 civil practice law and rules, any person who, without just cause fails
30 or refuses to attend and testify or to answer any lawful inquiry or to
31 produce any books, papers or records in obedience to a subpoena issued
32 by the superintendent shall be guilty of a misdemeanor.
33 (d) Every regulated person under this chapter, the insurance law or
34 the banking law who is given a notice of hearing pursuant to this chap-
35 ter shall upon the service of a notice to produce books and records,
36 when attached to the notice of hearing or mailed subsequently thereto in
37 the same manner as the notice of hearing, pursuant to such notice,
38 produce at the hearing the books, records and documents enumerated ther-
39 ein.
40 § 307. Intentionally omitted.
41 § 308. Judicial review of orders, regulations and decisions of super-
42 intendent. (a) Notwithstanding the specific enumerations of the right to
43 judicial review in this chapter, the insurance law or the banking law,
44 any order, regulation or decision of the superintendent is declared to
45 be subject to judicial review in a proceeding under article seventy-
46 eight of the civil practice law and rules, provided that nothing in this
47 section or article seventy-eight of the civil practice law and rules
48 shall affect the time period provided in the banking law or the insur-
49 ance law for commencing such proceeding.
50 (b) Except as provided in section two thousand one hundred twenty-four
51 of the insurance law, the commencement of such proceeding shall not
52 affect the enforcement or validity of the superintendent's order, regu-
53 lation or decision under review unless the court shall determine, after
54 a preliminary hearing of which the superintendent is notified at least
55 forty-eight hours in advance, that a stay of enforcement pending the
56 proceeding or until further direction of the court will not unduly
S. 2812--C 14 A. 4012--C
1 injure the interests of the people of the state, in which case a stay of
2 execution may be granted.
3 § 309. Injunction to restrain violation of this chapter. (a) In addi-
4 tion to such other remedies as are provided under this chapter, the
5 superintendent may maintain and prosecute an action against any person
6 subject to this chapter, the insurance law or the banking law, or the
7 person's officers, directors, trustees or agents, for the purpose of
8 obtaining an injunction restraining such person or persons from doing
9 any acts in violation of the provisions of this chapter, the insurance
10 law or the banking law.
11 (b) In such action if the court finds that a defendant is threatening
12 or is likely to do any act in violation of this chapter, the insurance
13 law or the banking law and that such violation will cause irreparable
14 injury to the interests of the people of this state, the court may grant
15 an injunction restraining such violation. The court may on motion and
16 affidavits grant a preliminary injunction and interlocutory injunction,
17 upon such terms as may be just; but the superintendent shall not be
18 required to give security before the issuance of any such injunction.
19 § 310. Certificates as evidence; affirmation of documents and testimo-
20 ny. (a) Every certificate, assignment, conveyance or other paper
21 executed by the superintendent or one of the superintendent's deputies
22 pursuant to law and sealed with the official seal of the department
23 shall be received as evidence in any judicial or other proceeding and
24 may be recorded in the proper recording offices.
25 (b) Any charter, or any certificate or other instrument supplemental
26 to or amendatory of the charter, of any regulated person filed in the
27 office of the superintendent and containing statements of fact required
28 or permitted by law to be contained therein, shall be received in all
29 courts, public offices and official bodies as prima facie evidence of
30 such facts and of the execution of such instrument.
31 (c) Whenever by the laws of any jurisdiction other than this state,
32 any certificate by any officer in such jurisdiction or a copy of any
33 instruments certified or exemplified by any such officer, may be
34 received as prima facie evidence of the incorporation, existence or
35 capacity of any corporation incorporated in such jurisdiction, or claim-
36 ing so to be, such certificate when exemplified, or such copy of such
37 instrument when exemplified shall be received in all courts, public
38 offices and official bodies of this state, as prima facie evidence with
39 the same force as in such jurisdiction. Such certificate or certified
40 copy of such instrument shall be so received, without being exemplified,
41 if it is certified by the secretary of state, or official performing the
42 equivalent function as to corporate records of such jurisdiction.
43 (d) Notwithstanding any provision of this chapter, the insurance law
44 or the banking law requiring an oath as to the proof of a document or
45 the truth of testimony, the affiant may, if the affiant's religious
46 beliefs cause the affiant to object to giving an oath, affirm the docu-
47 ment or the affiant's testimony.
48 ARTICLE 4
49 FINANCIAL FRAUDS PREVENTION
50 Section 401. Intentionally omitted.
51 402. Legislative declaration.
52 403. Financial frauds and consumer protection unit.
53 404. Powers of the financial frauds and consumer protection
54 unit.
55 405. Immunity.
S. 2812--C 15 A. 4012--C
1 406. Other law enforcement authority, powers and duties not
2 affected or impaired.
3 407. Intentionally omitted.
4 408. Civil penalty.
5 409. Reports.
6 § 401. Intentionally omitted.
7 § 402. Legislative declaration. The legislature hereby finds and
8 declares that financial frauds take many forms across multiple indus-
9 tries. The legislature further finds that financial fraud is detrimental
10 to the social and economic well-being of the citizens of this state. In
11 order to more thoroughly uncover, investigate and eliminate the myriad
12 financial frauds that may be perpetrated in, and may involve the people
13 of, New York state, the legislature finds that it is appropriate that
14 the responsibilities of the insurance frauds bureau and the criminal
15 investigations bureau that were administered by the department of insur-
16 ance and the department of banking, respectively, prior to the enactment
17 of this article, be consolidated into a new financial frauds and consum-
18 er protection unit under the supervision of the superintendent.
19 § 403. Financial frauds and consumer protection unit. (a) The super-
20 intendent shall establish a financial frauds and consumer protection
21 unit in the department of financial services.
22 (b) The financial frauds and consumer protection unit shall be a qual-
23 ified agency, as defined in section eight hundred thirty-five of the
24 executive law, to enforce the provisions of this article and article
25 four of the insurance law and article II-B of the banking law.
26 (c) The superintendent shall have the power to designate employees of
27 the unit as peace officers as defined in section 2.10 of the criminal
28 procedure law. Any such designations made by the superintendent of
29 insurance or the superintendent of banks, as they relate to peace offi-
30 cers within the insurance frauds bureau and the criminal investigations
31 bureau, made prior to the effective date of this chapter, shall be
32 deemed continued and will remain effective subject to the discretion of
33 the superintendent.
34 (d) The superintendent is authorized to establish within the financial
35 frauds and consumer protection unit one or more units designated for the
36 purpose of investigating and preventing fraud and other criminal activ-
37 ity in certain specified areas of the banking, finance and insurance
38 industries, as authorized by this chapter.
39 § 404. Powers of the financial frauds and consumer protection unit.
40 (a) The superintendent has authority under this article, the banking
41 law, the insurance law and other applicable laws to investigate activ-
42 ities that may constitute violations subject to section four hundred
43 eight of this article or violations of the insurance law or banking law
44 and to develop evidence thereon.
45 (b) If the financial frauds and consumer protection unit has a reason-
46 able suspicion that a person or entity has engaged, or is engaging, in
47 fraud or misconduct with respect to the banking law, the insurance law,
48 the provisions of this chapter or other laws pursuant to which the
49 superintendent has investigatory or enforcement powers, then the super-
50 intendent, in the enforcement of relevant statutes and regulations, may
51 undertake an investigation thereon, provided, however, that the scope of
52 authority set forth in this section shall not be deemed to otherwise
53 limit or impair the ability of the superintendent to assist any other
54 entity in an investigation involving a violation of law, and provided
55 further that the responsibility and power to investigate any specific
56 frauds or misconduct enumerated in this chapter, the banking law, the
S. 2812--C 16 A. 4012--C
1 insurance law and other laws pursuant to which the superintendent has
2 investigatory or enforcement powers shall be included under the juris-
3 diction of the financial frauds and consumer protection unit.
4 (c) Nothing in this chapter shall be construed to grant or authorize
5 the financial frauds and consumer protection unit the specific powers or
6 responsibilities of the consumer protection division of the department
7 of state.
8 § 405. Immunity. In the absence of fraud or bad faith, no person
9 subject to the provisions of this chapter, the banking law or the insur-
10 ance law shall be subject to civil liability, and no civil cause of
11 action of any nature shall arise against such person for any: (a)
12 information relating to suspected violations of the banking law or the
13 insurance law furnished to law enforcement officials, their agents and
14 employees; (b) information relating to suspected violations of the bank-
15 ing law or the insurance law furnished to other persons subject to the
16 provisions of this chapter; and (c) information furnished in reports to
17 the financial frauds and consumer protection unit, its agents or employ-
18 ees or any state agency investigating fraud or misconduct relating to
19 financial fraud, its agents or employees. The superintendent or any
20 employee of the financial frauds and consumer protection unit, in the
21 absence of fraud or bad faith, shall not be subject to civil liability
22 and no civil cause of action of any nature shall arise against the
23 superintendent or any such employee by virtue of the publication of any
24 report or bulletin related to the official activities of the financial
25 frauds and consumer protection unit. Nothing herein is intended to abro-
26 gate or modify in any way any common law privilege or immunity hereto-
27 fore enjoyed by any person.
28 § 406. Other law enforcement authority, powers and duties not affected
29 or impaired. This article shall not:
30 (a) Preempt the authority or relieve the duty of other law enforcement
31 agencies to investigate and prosecute suspected violations of law;
32 (b) Prevent or prohibit a person from voluntarily disclosing any
33 information concerning violations of this article, the banking law or
34 the insurance law to any law enforcement agency; or
35 (c) Limit any of the powers granted elsewhere in the banking law or
36 insurance law or other laws to the superintendent or the department to
37 investigate possible violations of law and take appropriate action.
38 § 407. Intentionally omitted.
39 § 408. Civil penalty. (a) In addition to any civil or criminal liabil-
40 ity provided by law, the superintendent may, after notice and hearing,
41 levy a civil penalty:
42 (1) not to exceed five thousand dollars per offense, for:
43 (A) any intentional fraud or intentional misrepresentation of a mate-
44 rial fact with respect to a financial product or service or involving
45 any person offering to provide or providing financial products or
46 services; or
47 (B) any violation of state or federal fair debt collection practices
48 or federal or state fair lending laws; and
49 (2) not to exceed one thousand dollars for any other violation of this
50 chapter or the regulations issued thereunder, provided that there shall
51 be no civil penalty under this section for violations of article five of
52 this chapter or the regulations issued thereunder; and
53 (3) provided, however, that:
54 (A) penalties for regulated persons under the banking law shall be as
55 provided for in the banking law and penalties for regulated persons
S. 2812--C 17 A. 4012--C
1 under the insurance law shall be as provided for in the insurance law;
2 and
3 (B) the superintendent shall not impose or collect any penalty under
4 this section in addition to any penalty or fine for the same act or
5 omission that is imposed under the insurance law or banking law; and
6 (C) nothing in this section shall affect the construction or interpre-
7 tation of the term "fraud" as it is used in any other provision of the
8 consolidated or unconsolidated law.
9 (b) Civil penalties received by the superintendent pursuant to this
10 section shall be applied on an annual basis as follows: funds shall be
11 applied first to reduce the assessments charged on persons regulated
12 under the insurance law and the banking law pursuant to section two
13 hundred six of this chapter up to the full amount paid by persons regu-
14 lated under the insurance law and banking law for the operating expenses
15 of the financial frauds and consumer protection unit not attributable to
16 regulation under the insurance or banking law for the fiscal year in
17 which such penalties are received, such amount shall be applied to any
18 assessment in the following year, and any remaining funds shall be paid
19 to the general fund. The superintendent shall have discretion to deter-
20 mine how operating expenses which are not solely attributable to regu-
21 lating persons under either the insurance law or the banking law shall
22 be allocated.
23 § 409. Reports. (a) Whenever the superintendent is satisfied that a
24 violation subject to section four hundred eight of this article or fraud
25 or other criminal activity under the insurance law or banking law has
26 been committed or attempted, the superintendent shall report any such
27 violation of law, as the superintendent deems appropriate, to the appro-
28 priate licensing agency, the district attorney of the county in which
29 such acts were committed, to the attorney general, and where appropri-
30 ate, to the person who submitted the report of fraudulent activity, as
31 provided by the provisions of this article. Within one hundred twenty
32 days of receipt of the superintendent's report, the attorney general or
33 the district attorney concerned shall inform the superintendent as to
34 the status of the reported violations.
35 (b) No later than March fifteenth of each year, beginning in two thou-
36 sand twelve, the superintendent shall furnish to the governor, the
37 speaker of the assembly and the temporary president of the senate a
38 report describing the activities of the financial frauds and consumer
39 protection unit. Such report shall describe (1) the unit's efforts with
40 respect to (A) frauds against entities regulated under the banking and
41 insurance laws; and (B) frauds against consumers; (2) the unit's activ-
42 ities to address consumer complaints; and (3) any recommendations of the
43 superintendent with respect to changes of law that are desirable to
44 address gaps in protection. The report may address such other matters
45 relating to the activities of the financial frauds and consumer
46 protection unit as the superintendent believes will be useful to the
47 governor or the legislature.
48 (c) No later than March fifteenth of each year beginning in the year
49 two thousand twelve, the superintendent shall submit to the governor,
50 the state comptroller, the attorney general, the temporary president of
51 the senate, the speaker of the assembly, the chairpersons of the senate
52 finance and health committees, and the assembly ways and means and
53 health committees, a report summarizing the department's activities to
54 investigate and combat health insurance fraud including information
55 regarding referrals received, investigations initiated, investigations
S. 2812--C 18 A. 4012--C
1 completed, and any other material necessary or desirable to evaluate the
2 department's efforts.
3 ARTICLE 5
4 RESTRICTIONS ON OFFICERS AND EMPLOYEES OF THE DEPARTMENT
5 Section 501. Restrictions on officers and employees of the department;
6 penalty.
7 § 501. Restrictions on officers and employees of the department;
8 penalty. (a) No officer or employee of the department shall obtain a
9 loan or extension of credit from any regulated person or be interested
10 in any such regulated person as a director, partner, owner, officer,
11 attorney, agent, trustee or employee, or own or deal in, either directly
12 or indirectly, the stocks or obligations of any such regulated person.
13 A violation of the provisions of this section by any officer or employee
14 shall constitute sufficient grounds for his or her removal by the super-
15 intendent.
16 (b) Nothing in this section shall be construed to prohibit any officer
17 or employee from obtaining financing from a regulated person upon his or
18 her primary or secondary residence, provided that the premises securing
19 such loan are occupied by such employee, and further provided that such
20 loan is reported to the department, which shall keep a record thereof.
21 The term "residence," for the purposes of this section, shall mean a
22 single family or two family residence, condominium apartment or cooper-
23 ative apartment, occupied in whole or in part, by the officer or employ-
24 ee. The term "cooperative apartment" means a residence where ownership
25 is evidenced by certificates of stock or other evidence of an ownership
26 interest in, and a proprietary lease from, a corporation or partnership
27 formed for the purpose of the cooperative ownership of real estate.
28 (c) Nothing in this section shall be construed to prohibit any officer
29 or employee from: (1) obtaining a loan secured by an assignment of his
30 or her deposit in a banking organization, or an assignment or pledge of
31 his or her shares in a savings and loan association or credit union; (2)
32 accepting financing of an automobile, truck or other personal property
33 from a banking organization or a sales finance company; (3) entering
34 into a premium finance agreement with a premium finance agency; or (4)
35 owning shares of an investment company (mutual fund) that may inci-
36 dentally invest in the securities of any regulated person, provided that
37 the purpose of the investment portfolio of such investment company may
38 not be to invest primarily or exclusively in the securities of banking
39 or insurance entities. For purposes of this section, investment compa-
40 nies include open-end and closed-end investment companies and unit
41 investment trusts as those terms are defined in an Act of Congress enti-
42 tled "The Investment Company Act of 1940," as amended.
43 (d) Nothing in this section shall be construed to prevent any officer
44 or employee from becoming a policyholder of any insurer or from taking
45 out a loan under the officer's or employee's insurance policy, or
46 prevent or impair the ability of the superintendent to act as a liquida-
47 tor, rehabilitator, or conservator pursuant to article seventy-four of
48 the insurance law or article thirteen of the banking law.
49 (e) The superintendent may promulgate policies and procedures for
50 exempting particular employees, or classes of employees, from investment
51 restrictions in subsection (a) of this section as to regulated persons
52 with which such employee or class of employees has no authority or
53 involvement.
54 (f) This section shall not apply to investments held in a blind trust
55 approved by the superintendent or the superintendent's designee.
S. 2812--C 19 A. 4012--C
1 § 2. Article 2-B of the banking law, as added by chapter 321 of the
2 laws of 1992, section 78 as amended by chapter 472 of the laws of 2008,
3 is amended to read as follows:
4 ARTICLE II-B
5 FINANCIAL FRAUDS [PREVENTION ACT]
6 Section [76. Short title.
7 77. Criminal investigations bureau.]
8 78. Powers [of the bureau] with respect to certain crimes and
9 frauds.
10 [79. Immunity.
11 80. Other law enforcement authority, powers and duties not
12 affected or impaired.
13 § 76. Short title. This article shall be known and may be cited as the
14 "financial frauds prevention act".
15 § 77. Criminal investigations bureau. The superintendent shall estab-
16 lish a criminal investigations bureau in the department.]
17 § 78. Powers [of the bureau] with respect to certain crimes and
18 frauds. If the [criminal investigations bureau] superintendent has a
19 reasonable suspicion that a person or entity [subject to the jurisdic-
20 tion of the department has, in connection with activities authorized by
21 this chapter, engaged in, or is engaging in an activity which is a
22 misdemeanor or felony under this chapter or under] is engaging in or has
23 engaged in fraud (as interpreted under this chapter, the insurance law
24 or the financial services law) or a misdemeanor or felony under this
25 chapter or one of the articles of the penal law enumerated in this
26 section in connection with activities regulated by the superintendent
27 pursuant to this chapter or involving a product regulated pursuant to
28 this chapter, the superintendent may undertake such investigation as is
29 deemed necessary, and in the enforcement of this chapter, determine
30 whether any such person or entity has violated or is about to violate
31 this chapter or any such enumerated articles. The applicable articles of
32 the penal law are article one hundred fifty-five, one hundred seventy,
33 one hundred seventy-five, one hundred seventy-six, one hundred eighty,
34 one hundred eighty-five, one hundred eighty-seven, one hundred ninety,
35 two hundred, two hundred ten or four hundred seventy [of the penal law,
36 the superintendent may undertake such investigation as is deemed neces-
37 sary, and in the enforcement of this chapter, determine whether any such
38 person or entity has violated or is about to violate any of the above
39 referenced laws or articles. Provided, however, that]. Notwithstanding
40 the above-referenced laws or articles, the scope of authority set forth
41 in this section shall not be deemed to otherwise limit or impair the
42 ability of the department to assist any other entity in an investigation
43 involving a violation of law.
44 [§ 79. Immunity. In the absence of fraud or bad faith, no person or
45 entity subject to the provisions of this chapter shall be subject to
46 civil liability, and no civil cause of action of any nature shall arise
47 against such person or entity, for providing information to law enforce-
48 ment officials, including persons assigned to the criminal investi-
49 gations bureau, relating to suspected criminal violations of this chap-
50 ter or the affecting entities or persons subject to the jurisdiction of
51 the department.
52 § 80. Other law enforcement authority, powers and duties not affected
53 or impaired. This article shall not:
54 1. Preempt the authority or relieve the duty of other law enforcement
55 agencies to investigate and prosecute suspected violations of law.
S. 2812--C 20 A. 4012--C
1 2. Prevent or prohibit a person from voluntarily disclosing any infor-
2 mation concerning violations of this article to any law enforcement
3 agency.
4 3. Limit any of the powers granted elsewhere in this chapter and other
5 laws to the superintendent or the department to investigate possible
6 violations of law and take appropriate action.]
7 § 3. Section 401 of the insurance law is amended to read as follows:
8 § 401. Title; legislative declaration and purpose. This article shall
9 be known and may be cited as the "insurance frauds prevention act".
10 (a) The legislature finds and declares that the business of insurance
11 directly and indirectly affects all sectors of the public, business and
12 government. It further finds that the business of insurance, including
13 organization and licensing, the issuance of policies, and the adjustment
14 and payment of claims and losses, involve many transactions which have
15 potential for abuse and illegal activities.
16 (b) [The superintendent and the department have broad authority under
17 this chapter to investigate activities which may be fraudulent and to
18 develop evidence thereon. This article is intended to permit the full
19 utilization of the expertise of the superintendent and the department so
20 that they may more effectively investigate and discover insurance
21 frauds, halt fraudulent activities and assist and receive assistance
22 from federal and state law enforcement agencies in the prosecution of
23 persons who are parties to insurance frauds.
24 (c)] Arson for insurance fraud is a particularly damaging crime
25 against society, destroying lives, property and neighborhoods. Insur-
26 ance losses resulting from arson are reflected in higher premiums
27 charged to residents of this state.
28 [(d)] (c) This article establishes a framework within which the super-
29 intendent and the department can more effectively assist in the elimi-
30 nation of arson for insurance fraud. That increased capacity, together
31 with a more effective monitoring of fire loss claims and payments by the
32 insurance industry through centralized reporting and oversight, is
33 intended to make it more difficult to perpetrate the crime of insurance
34 fraud by arson.
35 § 4. Intentionally omitted.
36 § 5. Intentionally omitted.
37 § 6. Subsection (a) of section 404 of the insurance law, as amended by
38 chapter 499 of the laws of 2009, is amended to read as follows:
39 (a) If the [insurance frauds bureau] superintendent has reason to
40 believe that a person has engaged in, or is engaging in, an act defined
41 in section 155.05 of the penal law, with respect to personal or commer-
42 cial insurance transactions, the business of life settlements, section
43 176.05 or section 176.40 of such law, the superintendent may make such
44 investigation within or without this state as the superintendent deems
45 necessary to aid in the enforcement of this chapter or to determine
46 whether any person has violated or is about to violate any such
47 provision of the penal law.
48 § 7. Section 405 of the insurance law, as amended by chapter 499 of
49 the laws of 2009, paragraph 11 of subsection (d) as amended by chapter
50 11 of the laws of 2010, is amended to read as follows:
51 § 405. Reports. (a) Any person licensed or registered pursuant to the
52 provisions of this chapter, and any person engaged in the business of
53 insurance or life settlement in this state who is exempted from compli-
54 ance with the licensing requirements of this chapter, including the
55 state insurance fund of this state, who has reason to believe that an
56 insurance transaction or life settlement act may be fraudulent, or has
S. 2812--C 21 A. 4012--C
1 knowledge that a fraudulent insurance transaction or fraudulent life
2 settlement act is about to take place, or has taken place shall, within
3 thirty days after determination by such person that the transaction
4 appears to be fraudulent, send to the [insurance frauds bureau] super-
5 intendent on a form prescribed by the superintendent, the information
6 requested by the form and such additional information relative to the
7 factual circumstances of the transaction and the parties involved as the
8 superintendent may require. The [insurance frauds bureau] superintendent
9 shall accept reports of suspected fraudulent insurance transactions or
10 fraudulent life settlement acts from any self insurer, including but not
11 limited to self insurers providing health insurance coverage or those
12 defined in section fifty of the workers' compensation law, and shall
13 treat such reports as any other received pursuant to this section.
14 (b) The [insurance frauds bureau] superintendent shall review each
15 report and undertake such further investigation as [it] the superinten-
16 dent deems necessary and proper to determine the validity of the allega-
17 tions.
18 [(c) Whenever the superintendent is satisfied that a material fraud,
19 deceit, or intentional misrepresentation has been committed in an insur-
20 ance transaction or in the business of life settlements or purported
21 insurance transaction or business of life settlements, he or she shall
22 report any such violation of law to the appropriate licensing agency,
23 the district attorney of the county in which such acts were committed,
24 when authorized by law, to the attorney general, and where appropriate,
25 to the person who submitted the report of fraudulent activity, as
26 provided by the provisions of this article. Within one hundred twenty
27 days of receipt of the superintendent's report, the attorney general or
28 the district attorney concerned shall inform the superintendent as to
29 the status of the reported violations.
30 (d) No later than March fifteenth of each year, beginning in nineteen
31 hundred ninety-four, the superintendent shall furnish to the governor,
32 the speaker of the assembly and the president pro tem of the senate a
33 report containing:
34 (1) a comprehensive summary and assessment of the frauds bureau's
35 efforts in discovering, investigating and halting fraudulent activities
36 and assisting in the prosecution of persons who are parties to insurance
37 fraud or life settlement fraud;
38 (2) the number of reports received from any person or persons engaged
39 in the business of insurance or life settlements, the number of investi-
40 gations undertaken by the bureau pursuant to any reports received, the
41 number of investigations undertaken not as a result of reports received,
42 the number of investigations that resulted in a referral to a licensing
43 agency, a local prosecutor or the attorney general, the number of such
44 referrals pursued by a licensing agency, a local prosecutor or the
45 attorney general, and the disposition of such cases;
46 (3) a delineation of the number of reported and investigated cases by
47 line of insurance and those that relate to life settlements;
48 (4) a comparison of the frauds bureau's experience, with regard to
49 paragraphs two and three of this subsection, to the bureau's experience
50 of years past;
51 (5) the total number of employees assigned to the frauds bureau delin-
52 eated by title and location of bureau assigned;
53 (6) an assessment of the activities of insurance companies and life
54 settlement providers activities in regard to detecting, investigating
55 and reporting fraudulent activities, including a list of companies which
56 maintain special investigative units for the sole purpose of detecting,
S. 2812--C 22 A. 4012--C
1 investigating and reporting fraudulent activities and the number of
2 investigators assigned to such units per every thirty thousand policies
3 or life settlement contracts in force with such company or provider;
4 (7) the amount of technical and monetary assistance requested and
5 received by the frauds bureau from any insurance company or companies,
6 any life settlement provider or providers, or any organization funded by
7 insurance companies or life settlement providers;
8 (8) the amount of money returned by the frauds bureau to insurance
9 companies pursuant to any fraudulent claims that were recouped by the
10 bureau;
11 (9) the number and amount of civil penalties levied by the frauds
12 bureau pursuant to chapter four hundred eighty of the laws of nineteen
13 hundred ninety-two;
14 (10) recommendations for further statutory or administrative changes
15 designed to meet the objectives of this article; and
16 (11) an assessment of law enforcement and insurance company activities
17 to detect and curtail the incidence of operating a motor vehicle without
18 proper insurance coverage as required by this chapter and the incidence
19 of misrepresentation by insureds of the principal place where motor
20 vehicles are garaged and driven.]
21 § 8. Sections 406, 407-a and 410 of the insurance law are REPEALED.
22 § 9. Paragraph 1 of subsection (c) of section 409 of the insurance
23 law, as added by chapter 635 of the laws of 1996, is amended to read as
24 follows:
25 (1) interface of special investigation unit personnel with law
26 enforcement and prosecutorial agencies[, including] and with the [insur-
27 ance frauds bureau] financial frauds and consumer protection unit of the
28 [state insurance department] department of financial services;
29 § 10. Paragraph 1 of subsection (b) of section 411 of the insurance
30 law, as added by chapter 499 of the laws of 2009, is amended to read as
31 follows:
32 (1) interface of special investigations unit personnel with law
33 enforcement and prosecutorial agencies, including the [insurance frauds
34 bureau] financial frauds and consumer protection unit in the department;
35 § 11. Section 11 of the banking law, as amended by chapter 684 of the
36 laws of 1938, the section heading as amended by chapter 777 of the laws
37 of 1939, subdivisions 1 and 4 as amended by chapter 566 of the laws of
38 2004 and subdivision 3 as amended by chapter 276 of the laws of 1990, is
39 amended to read as follows:
40 § 11. [Banking department; official] Department of financial services;
41 official documents; destruction of documents; official communications.
42 1. The [banking] department shall be charged with the execution of the
43 laws relating to the individuals, partnerships, corporations and other
44 entities to which this chapter is applicable and shall exercise such
45 powers and perform such duties as are conferred and imposed upon it by
46 this chapter, or by any law of this state. [The principal office of the
47 department shall be in the city of Albany.
48 2. Every paper executed by an officer of the department in pursuance
49 of authority conferred by law and sealed with the official seal of the
50 department shall be received in evidence, and may be recorded in the
51 proper recording offices in the same manner and with the same effect as
52 a deed regularly acknowledged.
53 3.] 2. (a) Except as specified in paragraph (b) or (c) of this subdi-
54 vision, any report expressly required to be rendered to the superinten-
55 dent under any provision of this chapter, any report of an examination
56 made in accordance with any provision of this chapter, and any oath or
S. 2812--C 23 A. 4012--C
1 declaration of office received by the department shall be retained in
2 such form and for such period as the superintendent finds necessary and
3 proper. After such period the superintendent shall recommend disposal of
4 such material in accordance with the provisions of the arts and cultural
5 affairs law.
6 (b) Reports made in accordance with section twenty-eight-b of this
7 [chapter] article or pursuant to the rules and regulations of the [bank-
8 ing board] superintendent promulgated in connection with assessing a
9 banking organization's record of performance in meeting the credit needs
10 of local communities within the meaning of section twenty-eight-b of
11 this [chapter] article, including reports expressly required to be
12 rendered to the superintendent and reports of examinations may be
13 destroyed at the direction of the superintendent and in accordance with
14 the provisions of the arts and cultural affairs law after three years
15 from date of receipt thereof, provided any such report has first been
16 photographed, microphotographed or otherwise reproduced. Each such
17 reproduction shall be retained in the files of the department for a
18 period of at least fifteen years from the date of the last received
19 report, oath or declaration appearing thereon. After the expiration of
20 such period, such reproduction may be destroyed at the direction of the
21 superintendent and in accordance with the provisions of the arts and
22 cultural affairs law. Such reproduction thereof shall be deemed, for any
23 purpose, the equivalent of the original of such report. Any such report
24 not so reproduced shall be retained in the files of the department for a
25 period of at least fifteen years from the date of receipt thereof, after
26 which it may be destroyed at the direction of the superintendent and in
27 accordance with the provisions of the arts and cultural affairs law.
28 (c) This subdivision shall not apply to any records, documents or
29 correspondence referred to in subdivision four of section six hundred
30 twenty-seven of this chapter.
31 4. Any communication from the [banking] department to any person,
32 partnership, corporation or other entity may contain a direction that
33 such communication shall be presented to the controlling owners or prin-
34 cipal management of such entity, members of such partnership or to the
35 board of directors or trustees of such corporation. A communication
36 containing such direction shall be for the purposes of this chapter an
37 official communication. The superintendent may, in his or her
38 discretion, notify in writing each owner or principal manager of such
39 entity, every member of such partnership and every director or trustee
40 of such corporation of the sending of such a communication and, in that
41 event the notification shall state the date of such communication.
42 § 12. Section 12 of the banking law is REPEALED.
43 § 12-a. Sections 204, 302, 303, 304, 305, 313, 326 and 327 of the
44 insurance law are REPEALED.
45 § 13. Paragraphs 17 and 41 of subsection (a) of section 107 of the
46 insurance law are amended to read as follows:
47 (17) "Department" means the [insurance] department of financial
48 services of this state.
49 (41) "Superintendent" means the superintendent of [insurance] finan-
50 cial services of this state.
51 § 13-a. Section 2 of the banking law is amended by adding two new
52 subdivisions 28 and 29 to read as follows:
53 (28) Department. The term "department" means the department of finan-
54 cial services of this state.
55 (29) Superintendent. The term "superintendent" means the superinten-
56 dent of financial services of this state.
S. 2812--C 24 A. 4012--C
1 § 14. Paragraphs (b) and (e) of subdivision 1 of section 169 of the
2 executive law, paragraph (b) as amended by section 1 of part F of chap-
3 ter 56 of the laws of 2005, and paragraph (e) as separately amended by
4 section 11 of part A-1 and section 10 of part O of chapter 56 of the
5 laws of 2010, are amended to read as follows:
6 (b) commissioner of labor, chairman of public service commission,
7 commissioner of taxation and finance, superintendent of [banks] finan-
8 cial services, commissioner of criminal justice services, [superinten-
9 dent of insurance,] and commissioner of parks, recreation and historic
10 preservation;
11 (e) chairman of state athletic commission, [chairman and executive
12 director of consumer protection board,] director of the office of victim
13 services, chairman of human rights appeal board, chairman of the indus-
14 trial board of appeals, chairman of the state commission of correction,
15 members of the board of parole, members of the state racing and wagering
16 board, member-chairman of unemployment insurance appeal board, director
17 of veterans' affairs, and vice-chairman of the workers' compensation
18 board;
19 § 15. Section 332 of the insurance law is REPEALED.
20 § 16. Section 17 of the banking law is REPEALED.
21 § 17. Section 13 of the banking law is REPEALED.
22 § 18. Section 201 of the insurance law is REPEALED.
23 § 19. Section 202 of the insurance law is REPEALED.
24 § 20. Article 20 of the executive law is REPEALED.
25 § 21. The executive law is amended by adding a new section 94-a to
26 read as follows:
27 § 94-a. Consumer protection division. 1. Legislative declaration. The
28 legislature hereby finds and declares that the consumption of goods and
29 services is an economic activity that affects the life of every citizen.
30 The legislature further finds that unscrupulous and questionable busi-
31 ness practices are detrimental to the economic well-being of the citi-
32 zens of this state. In order to protect the people of New York state
33 from economic harm the legislature finds that it is appropriate that the
34 responsibilities of the consumer protection board be consolidated into a
35 new consumer protection division under the supervision of the secretary.
36 2. Consumer protection division. (a) The secretary shall establish a
37 consumer protection division in the department.
38 (b) The secretary is authorized to establish within the consumer
39 protection division one or more units and assign appropriate functions
40 to any such unit and may appoint such staff as necessary and prescribe
41 their duties and fix their compensation within the appropriation
42 provided by law.
43 (c) The secretary shall establish a public education and outreach
44 campaign to publicize the consumer protection division so as to maximize
45 public awareness of, and the services provided by, such division.
46 3. Powers of the consumer protection division. (a) The division shall
47 have the power and duty to:
48 (1) receive complaints of consumers, attempt to mediate such
49 complaints where appropriate, and refer complaints to the appropriate
50 unit of the department, or federal, state or local agency authorized by
51 law for appropriate action on such complaints;
52 (2) coordinate the activities of all state agencies performing consum-
53 er protection functions;
54 (3) initiate and encourage consumer education programs;
55 (4) conduct investigations, research, studies and analyses of matters
56 affecting the interests of consumers;
S. 2812--C 25 A. 4012--C
1 (5) cooperate with and assist the attorney general and the department
2 of financial services in the carrying out of legal enforcement responsi-
3 bilities for the protection of consumers;
4 (6) implement other powers and duties by regulation and otherwise as
5 prescribed by any provision of law;
6 (7) (i) advise and make recommendations to the governor on matters
7 affecting the consumers of the state and promote and encourage the
8 protection of the legitimate interests of consumers within the state;
9 (ii) study the operation of consumer protection laws and recommend to
10 the governor new laws and amendments of laws for consumer protection;
11 (8) represent the interests of consumers of the state before federal,
12 state and local administrative and regulatory agencies;
13 (9) establish a process by which victims of identity theft will
14 receive assistance and information to resolve complaints. To implement
15 the process the secretary shall have the authority to:
16 (i) promulgate rules and regulations to administer the identity theft
17 prevention and mitigation program; and
18 (ii) act as a liaison between the victim and any state agency, public
19 authority, or any municipal department or agency, the division of state
20 police, and county or municipal police departments, and any non-govern-
21 mental entity, including but not limited to, consumer credit reporting
22 agencies, to facilitate the victim obtaining such assistance and data as
23 will enable the program to carry out its duties to help consumers
24 resolve the problems that have resulted from the identity theft. Trade
25 secrets and proprietary business information contained in the documents
26 or records that may be received by the division shall be exempt from
27 disclosure to the extent allowed by article six of the public officers
28 law;
29 (10) undertake activities to encourage business and industry to main-
30 tain high standards of honesty, fair business practices, and public
31 responsibility in the production, promotion and sale of consumer goods
32 and services;
33 (11) conduct product research and testing and, where appropriate,
34 contract with private agencies and firms for the performance of such
35 services;
36 (12) cooperate with and assist local governments in the development of
37 consumer protection activities;
38 (13) establish advisory councils to assist in policy formulation on
39 specific consumer problems;
40 (14) cooperate with and assist consumers in class actions in proper
41 cases; and
42 (15) create an internet website or webpage pursuant to section three
43 hundred ninety-c of the general business law.
44 4. Utility intervention unit. (a) There is established within the
45 division a state utility intervention unit.
46 (b) The utility intervention unit shall have the power and duty to:
47 (i) on behalf of the secretary, initiate, intervene in, or participate
48 in any proceedings before the public service commission, to the extent
49 authorized by sections twenty-four-a, seventy-one, eighty-four or nine-
50 ty-six of the public service law or any other applicable provision of
51 law, where he or she deems such initiation, intervention or partic-
52 ipation to be necessary or appropriate; and
53 (ii) represent the interests of consumers of the state before federal,
54 state and local administrative and regulatory agencies engaged in the
55 regulation of energy services.
S. 2812--C 26 A. 4012--C
1 5. Reports. (a) No later than March fifteenth of each year, beginning
2 in two thousand twelve, the secretary shall furnish to the governor, the
3 speaker of the assembly and the temporary president of the senate a
4 report describing the activities of the consumer protection division.
5 The secretary shall prepare quarterly a report to the governor, the
6 speaker of the assembly and the temporary president of the senate of the
7 category and number of complaints received by the division during the
8 previous quarter in sufficient detail to assist the recipients in deter-
9 mining the need for additional laws for the protection of the consumer.
10 Additionally, all such complaints received by the division shall be
11 maintained on a category by category basis.
12 (b) No later than January first, two thousand twelve, the secretary
13 shall furnish to the governor, the speaker of the assembly and the
14 temporary president of the senate a report describing the activities of
15 the consumer protection division regarding the public education and
16 outreach campaign required pursuant to paragraph (c) of subdivision two
17 of this section.
18 § 21-a. Section 192-d of the agriculture and markets law is REPEALED.
19 § 22. Section 285 of the agriculture and markets law is REPEALED.
20 § 23. Subdivision 1 of section 5010 of the education law, as amended
21 by chapter 604 of the laws of 1993, is amended to read as follows:
22 1. An advisory council for registered business and licensed trade
23 schools is hereby created for the purpose of advising the board of
24 regents and the commissioner as provided herein. The council shall be
25 composed of eleven members appointed by the governor, two of whom shall
26 be upon the recommendation of the temporary president of the senate, two
27 of whom shall be upon the recommendation of the speaker of the assembly,
28 one of whom shall be upon the recommendation of the minority leader of
29 the senate and one of whom shall be upon the recommendation of the
30 minority leader of the assembly. Of the five remaining members, one
31 shall be an owner or director of a school regulated pursuant to this
32 article, one shall be a currently enrolled student at the time of
33 appointment or a graduate of such a school who graduated within three
34 years of appointment and one shall be a student advocate. The governor
35 shall designate a chairperson from such members. The commissioner of
36 education, the president of the higher education services corporation,
37 the [chair of the consumer protection board] secretary of state, the
38 comptroller, the director of the division of the budget, and the execu-
39 tive director of the job training partnership council, or their desig-
40 nees, shall serve as ex-officio, non-voting members of the council.
41 § 24. Subdivision 1 of section 6-102 of the energy law, as added by
42 chapter 433 of the laws of 2009, is amended to read as follows:
43 1. There shall be established a state energy planning board, herein-
44 after referred to as the "board", which shall consist of the chair of
45 the public service commission, the commissioner of environmental conser-
46 vation, the commissioner of economic development, the commissioner of
47 transportation, the commissioner of labor, the director of the state
48 emergency management office, [the chair of the consumer protection
49 board,] the commissioner of health, the president of the New York state
50 urban development corporation, the secretary of state and the president
51 of the New York state energy research and development authority. The
52 governor, the speaker of the assembly and the temporary president of the
53 senate shall each appoint one representative to serve on the board. The
54 presiding officer of the federally designated electric bulk system oper-
55 ator (BSO) shall serve as a non-voting member of the board. Any decision
56 or action by the board shall be by majority vote. The president of the
S. 2812--C 27 A. 4012--C
1 New York state energy research and development authority shall serve as
2 chair of the board. Members of the board may designate an executive
3 staff representative to participate on the board on their behalf.
4 § 25. Section 12-101-a of the energy law, as added by chapter 83 of
5 the laws of 1995, is amended to read as follows:
6 § 12-101-a. Administration. Notwithstanding any other provision of
7 law, the [state consumer protection board] New York state energy
8 research and development authority shall be deemed to have the responsi-
9 bility and authority to implement the provisions of this article.
10 § 26. Section 17-102 of the energy law, as added by chapter 83 of the
11 laws of 1995, is amended to read as follows:
12 § 17-102. Administration. Notwithstanding any other provision of law,
13 the [state consumer protection board] New York state energy research and
14 development authority shall be deemed to have the responsibility and
15 authority to implement the provisions of this article.
16 § 27. Paragraph (a) of subdivision 7 of section 208 of the state tech-
17 nology law, as amended by chapter 491 of the laws of 2005, is amended to
18 read as follows:
19 (a) In the event that any New York residents are to be notified, the
20 state entity shall notify the state attorney general, [the consumer
21 protection board,] the department of state and the state office of cyber
22 security and critical infrastructure coordination as to the timing,
23 content and distribution of the notices and approximate number of
24 affected persons. Such notice shall be made without delaying notice to
25 affected New York residents.
26 § 28. Article 14-A of the general business law is REPEALED.
27 § 29. Subdivision 1 of section 442-i of the real property law, as
28 added by chapter 248 of the laws of 1995, is amended to read as follows:
29 1. There is hereby established within the department of state a state
30 real estate board which shall consist of the secretary of state, [the
31 executive director of the consumer protection board] superintendent of
32 financial services, and thirteen additional members. At least five of
33 these members shall be "real estate brokers", each of whom, at the time
34 of appointment, shall be licensed and qualified as a real estate broker
35 under the laws of New York state and shall have been engaged in the real
36 estate business in this state for a period of not less than ten years
37 prior to appointment. The remaining members shall be "public members"
38 who shall not be real estate licensees.
39 § 30. Subdivisions 1 and 4 of section 490-a of the general business
40 law are REPEALED and two new subdivisions 1 and 4 are added to read as
41 follows:
42 1. "Department" means the department of state.
43 4. "Secretary" means the secretary of state.
44 § 31. Paragraph (d) of subdivision 1 of section 490-d of the general
45 business law, as added by chapter 553 of the laws of 2008, is amended to
46 read as follows:
47 (d) Provide notification to the [board] department of such recall or
48 warning.
49 All notices under this subdivision must include in a clear and conspicu-
50 ous fashion a description of the product, the reason for the recall or
51 warning, a picture of the product if available, and instructions on how
52 to return or exchange the recalled product. Such notice shall include
53 only the product recall or warning information and may not include sales
54 or marketing information on that product or any other product, excluding
55 return and exchange policies.
S. 2812--C 28 A. 4012--C
1 § 32. Paragraph (b) of subdivision 2 of section 490-d of the general
2 business law, as added by chapter 553 of the laws of 2008, is amended to
3 read as follows:
4 (b) The commercial dealer shall provide to the [board] department
5 certification of disposition for such recalled products within ninety
6 days after the issuance of the recall, unless upon written application
7 by such dealer the [board] department determines an extension of time is
8 warranted.
9 § 33. Sections 490-g and 490-h of the general business law, as added
10 by chapter 553 of the laws of 2008, are amended to read as follows:
11 § 490-g. Enforcement. 1. Where it is determined after a hearing that
12 any person has violated one or more provisions of this article, the
13 [director] secretary may assess a civil penalty no greater than five
14 thousand dollars for each violation. Any proceeding conducted pursuant
15 to this section shall be subject to the state administrative procedure
16 act. Upon the occasion of a second violation or subsequent violations of
17 this article, a civil penalty no greater than fifty thousand dollars may
18 be assessed.
19 2. The [board] department shall provide the attorney general any
20 information on recalled or unsafe products, complaints regarding
21 recalled or unsafe products and violations of this section that are
22 necessary for the purposes of enforcement by the attorney general pursu-
23 ant to section sixty-three of the executive law.
24 3. The [director] secretary or his or her designee may administer
25 oaths and take affidavits in relation to any matter or proceeding in the
26 exercise of the powers and duties under this article. The [director]
27 secretary or his or her designee may subpoena and require the attendance
28 of witnesses and the production of books, papers, contracts and any
29 other documents pertaining to any investigation or hearing conducted
30 pursuant to this article.
31 4. If any person refuses to comply with a subpoena issued under this
32 section, the [board] department may petition a court of competent juris-
33 diction to enforce the subpoena and such sanctions as the court may
34 direct.
35 5. Nothing in this section shall be construed to restrict any right
36 which any person may have under any other statute or at common law.
37 § 490-h. Promulgation of rules and regulations. The [board] department
38 shall promulgate rules and regulations to administer this article.
39 § 34. Subdivision 9 of section 349-d of the general business law, as
40 added by chapter 416 of the laws of 2010, is amended to read as follows:
41 9. The attorney general, upon his or her own motion or upon referral
42 from the public service commission, the Long Island power authority or
43 the [state consumer protection board] department of state, may bring a
44 civil action against any energy services company that violates any
45 provision of this section and may recover (a) a civil penalty not to
46 exceed one thousand dollars per violation; and (b) costs and reasonable
47 attorney's fees. In any such proceeding the court may direct restitu-
48 tion.
49 § 35. Subdivisions (b) and (c) of section 372 of the general business
50 law, as added by section 6 of part VV of chapter 59 of the laws of 2009,
51 are amended to read as follows:
52 (b) The department shall, in accordance with regulations promulgated
53 by the commissioner of taxation and finance, produce and make available
54 to taxpayers and tax preparers an informational flier regarding consum-
55 ers' rights and laws concerning tax preparers to be called a "consumer
56 bill of rights regarding tax preparers". The department shall consult
S. 2812--C 29 A. 4012--C
1 with the [state consumer protection board] department of state, to
2 enhance distribution of fliers to consumers. The flier shall also be
3 made available on the department and the [state consumer protection
4 board's] department of state's internet site, and shall contain informa-
5 tion including, but not limited to, the following:
6 (1) postings required by state and federal laws, such as price posting
7 and posting of qualifications;
8 (2) explanations of some of the commonly offered services and industry
9 jargon, such as preparation of short and long federal forms, refund,
10 electronic filing, express mail, direct deposit, refund anticipation
11 check, refund anticipation loan, quick, instant, rapid, fast, fee, and
12 interest;
13 (3) basic information on what a tax preparer is and is not required to
14 do for a consumer, such as the preparer's responsibility to sign a
15 return, that a tax preparer may not be required to accompany a consumer
16 to an audit but the company may have a voluntary policy to accompany
17 consumers to audits; and
18 (4) the telephone numbers of the department for information and
19 complaints.
20 The flier shall be in a form which is easily reproducible by photocopy
21 machine.
22 (c) The department shall coordinate its response to consumer tax
23 preparer complaints with the [state consumer protection board, pursuant
24 to subdivision (b) of section five hundred fifty-three of the executive
25 law] department of state, as the department deems appropriate.
26 § 36. Subdivision (g) of section 380-t of the general business law, as
27 amended by chapter 279 of the laws of 2008, is amended to read as
28 follows:
29 (g) The [consumer protection board] department of state shall monitor
30 the state of technology relating to the means available to process
31 requests for the lifting or removal of a security freeze, and shall
32 report to the legislature when it is determined that the technology to
33 process requests for the lifting or removal of a security freeze in a
34 shorter period of time than that set forth in subdivision (e) of this
35 section is available.
36 § 37. Subdivision 3 of section 390-c of the general business law, as
37 added by chapter 509 of the laws of 2007, is amended to read as follows:
38 3. The [consumer protection board] department of state shall establish
39 an internet security website or webpage, that includes, but is not
40 limited to, an explanation of what a firewall is and the importance of
41 other internet security measures.
42 § 38. Subdivision 2 of section 399-dd of the general business law, as
43 added by chapter 519 of the laws of 2006, is amended to read as follows:
44 2. The [consumer protection board] department of state, in consulta-
45 tion with the office of parks, recreation and historic preservation,
46 shall promulgate rules and regulations for the design, installation,
47 inspection and maintenance of playgrounds and playground equipment.
48 Those regulations shall substantially comply with the guidelines and
49 criteria which are contained in the handbook for public playground safe-
50 ty produced by the United States consumer products safety commission or
51 any successor. The rules and regulations shall include special
52 provisions for playgrounds appropriate for children within the range of
53 ages in day care settings.
54 § 39. Paragraphs a and b of subdivision 1 of section 399-z of the
55 general business law are REPEALED, and two new paragraphs a and b are
56 added to read as follows:
S. 2812--C 30 A. 4012--C
1 a. "Department" shall mean the department of state.
2 b. "Secretary" shall mean the secretary of state.
3 § 40. Subdivision 4 of section 399-z of the general business law, as
4 amended by chapter 344 of the laws of 2010, is amended to read as
5 follows:
6 4. a. The [board] department is authorized to establish, manage, and
7 maintain a no telemarketing sales calls statewide registry which shall
8 contain a list of customers who do not wish to receive unsolicited tele-
9 marketing sales calls. The [board] department may contract with a
10 private vendor to establish, manage and maintain such registry, provided
11 the private vendor has maintained national no telemarketing sales calls
12 registries for more than two years, and the contract requires the vendor
13 to provide the no telemarketing sales calls registry in a printed hard
14 copy format and in any other format as prescribed by the [board] depart-
15 ment.
16 b. The [board] department is authorized to have the national "do-not-
17 call" registry established, managed and maintained by the federal trade
18 commission pursuant to 16 C.F.R. Section 310.4 (b) (1) (iii) (B) serve
19 as the New York state no telemarketing sales calls statewide registry
20 provided for by this section. The [board] department is further author-
21 ized to take whatever administrative actions may be necessary or appro-
22 priate for such transition including, but not limited to, providing the
23 telephone numbers of New York customers registered on the no telemarket-
24 ing sales calls statewide registry to the federal trade commission, for
25 inclusion on the national "do-not-call" registry.
26 § 41. Subdivisions 6, 7 and 8 of section 399-z of the general business
27 law, subdivisions 6 and 8 as amended and subdivision 7 as added by chap-
28 ter 344 of the laws of 2010, are amended to read as follows:
29 6. a. The [board] department shall provide notice to customers of the
30 establishment of the national "do-not-call" registry. Any customer who
31 wishes to be included on such registry shall notify the federal trade
32 commission as directed by relevant federal regulations.
33 b. Any company that provides local telephone directories to customers
34 in this state shall inform its customers of the provisions of this
35 section by means of publishing a notice in such local telephone directo-
36 ries.
37 7. When the [board] department has reason to believe a telemarketer
38 has engaged in repeated unlawful acts in violation of this section, or
39 when a notice of hearing has been issued pursuant to subdivision eight
40 of this section, the [board] department may request in writing the
41 production of relevant documents and records as part of its investi-
42 gation. If the person upon whom such request was made fails to produce
43 the documents or records within thirty days after the date of the
44 request, the [board] department may issue and serve subpoenas to compel
45 the production of such documents and records. If any person shall refuse
46 to comply with a subpoena issued under this section, the [board] depart-
47 ment may petition a court of competent jurisdiction to enforce the
48 subpoena and such sanctions as the court may direct.
49 8. a. Where it is determined after hearing that any person has
50 violated one or more provisions of this section, the [director] secre-
51 tary, or any person deputized or so designated by him or her may assess
52 a fine not to exceed eleven thousand dollars for each violation.
53 b. Any proceeding conducted pursuant to paragraph a of this subdivi-
54 sion shall be subject to the state administrative procedure act.
S. 2812--C 31 A. 4012--C
1 c. Nothing in this subdivision shall be construed to restrict any
2 right which any person may have under any other statute or at common
3 law.
4 § 42. Subdivision 1 of section 791 of the general business law, as
5 amended by chapter 133 of the laws of 1999, is amended to read as
6 follows:
7 1. There is created within the department a hearing aid dispensing
8 advisory board which shall consist of thirteen members to be appointed
9 by the secretary: four of whom shall be non-audiologist hearing aid
10 dispensers who shall have been engaged in the business of dispensing
11 hearing aids primarily in this state for at least five years immediately
12 preceding their appointment, two to be appointed upon the recommendation
13 of the governor, one to be appointed upon the recommendation of the
14 temporary president of the senate and one to be appointed upon the
15 recommendation of the speaker of the assembly; four members shall be
16 audiologists who are engaged in the dispensing of hearing aids for at
17 least five years immediately preceding their appointment, two to be
18 appointed upon the recommendation of the governor, one to be appointed
19 upon the recommendation of the temporary president of the senate and one
20 to be appointed upon the recommendation of the speaker of the assembly;
21 two shall be otolaryngologists; and the remaining three members, none of
22 whom shall derive nor have derived in the past economic benefit from the
23 business of dispensing hearing aids, shall be from the resident lay
24 public of this state who are knowledgeable about issues related to hear-
25 ing loss. At least one lay member shall be an individual representing
26 adults over the age of fifty. At least one of the lay members shall be
27 a hearing aid user. Of the otolaryngologists and lay members, one shall
28 be appointed by the secretary on the recommendation of the minority
29 leader of the senate and one shall be appointed by the secretary on the
30 recommendation of the minority leader of the assembly and three shall be
31 appointed by the secretary on the recommendation of the governor. Each
32 member of the board shall be appointed for a term of two years. Any
33 member may be appointed for additional terms. In the event that any
34 member shall die or resign during his or her term, a successor shall be
35 appointed in the same manner and with the same qualifications as set
36 forth in this section. A member may be reappointed for successive terms
37 but no member shall serve more than a total of ten years. The secretary
38 or the designee of the secretary shall serve in an ex officio non-voting
39 position. The secretary shall serve as chairperson. The commissioner of
40 education, the commissioner of health, [the chair and executive director
41 of the consumer protection board] and the attorney general or their
42 designees shall serve as non-voting ex officio members.
43 § 43. Paragraph (a) of subdivision 8 of section 899-aa of the general
44 business law, as amended by chapter 491 of the laws of 2005, is amended
45 to read as follows:
46 (a) In the event that any New York residents are to be notified, the
47 person or business shall notify the state attorney general, the [consum-
48 er protection board,] department of state and the state office of cyber
49 security and critical infrastructure coordination as to the timing,
50 content and distribution of the notices and approximate number of
51 affected persons. Such notice shall be made without delaying notice to
52 affected New York residents.
53 § 44. Subdivision (c) of section 3217 of the insurance law is amended
54 to read as follows:
55 (c) Prior to the issuance of regulations pursuant to this section,
56 the superintendent shall afford the public, including the companies
S. 2812--C 32 A. 4012--C
1 affected thereby, reasonable opportunity for comment and shall obtain
2 the views, in writing, of the commissioner of health and the [chairman
3 of the consumer protection board] secretary of state.
4 § 45. Paragraph (a) of subdivision 1 of section 1898 of the public
5 authorities law, as added by chapter 487 of the laws of 2009, is amended
6 to read as follows:
7 (a) the president of the authority; the secretary of state; the
8 commissioner of housing and community renewal; the commissioner of
9 labor; the commissioner of temporary and disability assistance; [the
10 chair of the consumer protection board;] the chair of the department of
11 public service; the president of the power authority of the state of New
12 York; the president of the Long Island power authority; the commissioner
13 of economic development; the commissioner of environmental conservation;
14 or the designees of such persons; and
15 § 46. Section 2803-s of the public health law, as added by chapter 539
16 of the laws of 2010, is amended to read as follows:
17 § 2803-s. Access to product recall information. The commissioner shall
18 require that every hospital and birth center distribute at the time of
19 pre-booking or admission directly to each maternity patient and, upon
20 request, to the general public an informational leaflet. Such leaflet
21 shall be designed by the commissioner in conjunction with the [executive
22 director of the state consumer protection board, on behalf of the state
23 consumer protection board,] secretary of state and shall contain infor-
24 mation detailing how parents or guardians of infants and children can
25 subscribe to the United States consumer product safety commission's
26 e-mail subscription lists to receive consumer product recall and safety
27 news by e-mail from the United States consumer product safety commission
28 and such other material as deemed appropriate by the commissioner. Such
29 leaflet shall be made available to hospitals and birth centers by the
30 department on its website and shall be provided in English, as well as
31 the top six languages other than English spoken in the state according
32 to the latest available data from the United States Bureau of Census.
33 § 47. Section 24-a of the public service law, as added by chapter 650
34 of the laws of 1974, is amended to read as follows:
35 § 24-a. [1.] Notice to be given to [board] department of state prior
36 to rate increase.
37 1. Notwithstanding any inconsistent general, special or local law or
38 rule or regulation to the contrary, the commission shall to the extent
39 the [board] department shall so request in any cases or class of cases,
40 give notice to the [board] department of any filed statement proposing
41 to modify or increase rates, services, schedule of rates or any other
42 rating rule or to adopt or amend any rate or service rules or regu-
43 lations within five days after the commission shall have received such
44 statement from any utility subject to its jurisdiction; provided, howev-
45 er, that in lieu of giving such notice, the commission may direct that
46 the utility give such notice to the [board] department.
47 2. In any such case in which the [board] department shall file with
48 the commission a statement of intent to be a party, the [board] depart-
49 ment shall have and in its discretion may exercise all the rights and
50 privileges of a party.
51 3. For the purposes of this section, [the term "board" shall mean the
52 state consumer protection board,] the term "commission" shall mean the
53 public service commission.
54 § 48. Section 71 of the public service law, as amended by chapter 217
55 of the laws of 1978, is amended to read as follows:
S. 2812--C 33 A. 4012--C
1 § 71. Complaints as to quality and price of gas and electricity;
2 investigation by commission; forms of complaints. Upon the complaint in
3 writing of the mayor of a city, the trustees of a village, the town
4 board of a town or the chief executive officer or the legislative body
5 of a county in which a person or corporation is authorized to manufac-
6 ture, convey, transport, sell or supply gas or electricity for heat,
7 light or power, or upon the complaint in writing of not less than twen-
8 ty-five customers or purchasers of such gas or electricity, or upon the
9 complaint in writing of the [state consumer protection board] department
10 of state, or upon a complaint of a gas corporation or electrical corpo-
11 ration supplying or transmitting said gas or electricity, as to the
12 illuminating or heating power, purity or pressure or the rates, charges
13 or classifications of service of gas, the efficiency of the electric
14 incandescent lamp supply, the voltage of the current supplied for light,
15 heat or power, or the rates charged or classification of service of
16 electricity sold and delivered in such municipality, the commission
17 shall investigate as to the cause for such complaint. When such
18 complaint is made, the commission may, by its agents, examiners and
19 inspectors, inspect the works, system, plant, devices, appliances and
20 methods used by such person or corporation in manufacturing, transmit-
21 ting and supplying such gas or electricity, and may examine or cause to
22 be examined the books and papers of such person, or corporation pertain-
23 ing to the manufacture, sale, transmitting and supplying of such gas or
24 electricity. The form and contents of complaints made as provided in
25 this section shall be prescribed by the commission. Such complaints
26 shall be signed by the officers, or by the customers, purchasers or
27 subscribers making them, who must add to their signatures their places
28 of residence, by street and number, if any.
29 § 49. Section 84 of the public service law, as amended by chapter 650
30 of the laws of 1974, is amended to read as follows:
31 § 84. Complaints as to service and price of steam heat; investigation
32 by commission; forms of complaints. Upon the complaint in writing of
33 the mayor of the city, the trustees of a village or the town board of a
34 town in which a person or corporation is authorized to manufacture, sell
35 or supply steam for heat or power, or upon the complaint in writing of
36 not less than fifty customers or purchasers of such steam heat in cities
37 of the first or second class, or of not less than twenty-five in cities
38 of the third class, or of not less than ten elsewhere, or upon the
39 complaint in writing of the [state consumer protection board] department
40 of state, as to the price, pressure or efficiency of steam supplied for
41 heat or power, sold and delivered in such municipality, the commission
42 shall investigate as to the cause for such complaint. When such
43 complaint is made, the commission may, by its agents, examiners and
44 inspectors, inspect the work, system, plant, devices, appliances and
45 methods used by such person or corporation in manufacturing, transmit-
46 ting and supplying such steam, and may examine or cause to be examined
47 the books and papers of such person or corporation pertaining to the
48 manufacture, sale, transmitting and supplying of such steam. The form
49 and contents of complaints made as provided in this section shall be
50 prescribed by the commission. Such complaint shall be signed by the
51 officers, or by the customers, purchasers or subscribers making them,
52 who must add to their signatures their place of residence, by street and
53 number, if any.
54 § 50. Section 89-i of the public service law, as amended by chapter
55 651 of the laws of 1974, is amended to read as follows:
S. 2812--C 34 A. 4012--C
1 § 89-i. Complaints as to price of water; investigation by commission;
2 forms of complaints. Upon the complaint in writing of the mayor of a
3 city, the trustees of a village or the town board of a town in which a
4 person or corporation is authorized to supply or distribute water for
5 domestic, commercial or public uses, or upon the complaint in writing of
6 not less than twenty-five customers or purchasers of such water in such
7 municipality or upon complaint of a water-works corporation supplying
8 such water, as to the rates, charges or classifications of service for
9 water sold and delivered in such municipality, or upon the complaint in
10 writing of the [state consumer protection board] department of state, or
11 as to the methods employed in furnishing such service, the commission
12 shall investigate as to the cause of such complaint. When such complaint
13 is made, the commission may, by its agents, examiners and inspectors,
14 inspect the works, system, plant, devices, appliances and methods used
15 by such water-works corporation in supplying and distributing such
16 water, and may examine or cause to be examined the books and papers of
17 such water-works corporation pertaining to the supplying and distribut-
18 ing of such water. The form and contents of complaints made as provided
19 in this section shall be prescribed by the commission. Such complaints
20 shall be signed by the officers, or by the customers, purchasers or
21 subscribers making them, who must add to their signatures their places
22 of residence, by street and number, if any.
23 § 51. Subdivision 3 of section 96 of the public service law, as
24 amended by chapter 650 of the laws of 1974, is amended to read as
25 follows:
26 3. Complaints may be made to the commission by the [state consumer
27 protection board] department of state or by any person or corporation
28 aggrieved, by petition or complaint in writing, setting forth any act
29 done or omitted to be done by any telegraph corporation or telephone
30 corporation alleged to be in violation of the terms or conditions of its
31 franchise or charter or of any order of the commission. Upon the presen-
32 tation of such a complaint the commission shall cause a copy thereof to
33 be forwarded to the person or corporation complained of which may be
34 accompanied by an order directed to such person or corporation requiring
35 that the matters complained of be satisfied or that the charges be
36 answered in writing within a time to be specified by the commission. If
37 the person or corporation complained of shall make reparation for any
38 injury alleged and shall cease to commit or permit the violation of law,
39 franchise, charter or order charged in the complaint, if any there be,
40 and shall notify the commission of that fact before the time allowed for
41 answer, the commission need take no further action upon the charges. If,
42 however, the charges contained in such petition be not thus satisfied
43 and it shall appear to the commission that there are reasonable grounds
44 therefor, it shall investigate such charges in such manner and by such
45 means as it shall deem proper and take such action within its powers as
46 the facts in its judgment justify.
47 § 52. Paragraph 2 of subdivision (n) of section 1817 of the tax law,
48 as amended by section 30 of subpart I of part V-I of chapter 57 of the
49 laws of 2009, is amended to read as follows:
50 (2) The commissioner[, in cooperation with the state consumer
51 protection board,] shall monitor the prices charged by persons engaged
52 in the retail sale or distribution of motor fuel and diesel motor fuel.
53 § 53. Section 97-www of the state finance law, as added by chapter 547
54 of the laws of 2000, is amended to read as follows:
55 § 97-www. [1.] Consumer protection account. 1. There is hereby estab-
56 lished in the joint custody of the state comptroller and the commission-
S. 2812--C 35 A. 4012--C
1 er of taxation and finance an account within the miscellaneous special
2 revenue fund to be known as the "consumer protection account."
3 2. Such account shall consist of all [fees and] penalties received by
4 the [state consumer protection board] department of state pursuant to
5 [article ten-B of the personal property law,] section three hundred
6 ninety-nine-z of the general business law and any additional monies
7 appropriated, credited or transferred to such account by the Legisla-
8 ture. Any interest earned by the investment of monies in such account
9 shall be added to such account, become part of such account, and be used
10 for the purposes of such account.
11 3. Monies in the account shall be available to the [state consumer
12 protection board for the payment of costs of producing and distributing
13 educational materials and conducting educational activities relating to
14 the promotion of the "unsolicited telemarketing sales call registry" and
15 all related costs and expenditures incurred in the administration of
16 section three hundred ninety-nine-z of the general business law and
17 article ten-B of the personal property law] department of state for all
18 costs and expenditures related to consumer protection activities.
19 4. Monies in the account shall be paid out of the account on the audit
20 and warrant of the state comptroller on vouchers certified or approved
21 by the [state consumer protection board] department of state or any
22 officer or employee designated by the [executive director] secretary of
23 state.
24 § 54. Intentionally omitted.
25 § 55. Paragraph 1 of subsection (c) of section 109 of the insurance
26 law is amended to read as follows:
27 (1) If the superintendent finds after notice and hearing that any
28 authorized insurer, representative of [such] the insurer, licensed
29 insurance agent, licensed insurance broker [or], licensed adjuster, or
30 any other person or entity licensed, certified, registered, or author-
31 ized pursuant to this chapter, has wilfully violated the provisions of
32 this chapter[, he] or any regulation promulgated thereunder, then the
33 superintendent may order [such insurer, representative, agent, broker,
34 or adjuster, as the case may be,] the person or entity to pay to the
35 people of this state a penalty in a sum not exceeding [five hundred] one
36 thousand dollars for each [such] offense.
37 § 56. Section 203 of the insurance law is REPEALED.
38 § 57. Section 209 of the insurance law is REPEALED.
39 § 58. Section 210-a of the insurance law is REPEALED.
40 § 59. Section 211 of the insurance law is REPEALED.
41 § 60. Section 212 of the insurance law is REPEALED.
42 § 61. Section 214 of the insurance law, as added by chapter 77 of the
43 laws of 2008, is amended to read as follows:
44 § 214. Report on insurance agent licensing examinations. The super-
45 intendent shall perform a study of the insurance agent licensure exam-
46 inations required pursuant to section two thousand one hundred three of
47 this chapter. The study shall, at a minimum, include the total number of
48 examinees, the passing rate of all examinees, and the mean scores on the
49 examination. Additionally, the study shall examine the correlation
50 between these statistics and the applicants' native language, level of
51 education, gender, race and ethnicity. The study shall be completed by
52 [January first] March fifteenth, two thousand [nine] twelve, and annual-
53 ly thereafter.
54 § 62. Subsection (d) of section 308 of the insurance law is REPEALED.
55 § 63. Sections 498-a and 562 of the banking law are REPEALED.
S. 2812--C 36 A. 4012--C
1 § 64. Section 337 of the insurance law, as added by chapter 647 of
2 the laws of 1992, is amended to read as follows:
3 § 337. Annual consumer guide on automobile insurance. (a) [No later
4 than October first of each year, beginning in nineteen hundred ninety-
5 three, the] The superintendent shall [publish and make available, free
6 of charge to the public,] issue and update, as necessary, a consumer
7 guide on private passenger automobile insurance that shall contain
8 comprehensive [and updated] information written in plain language in a
9 clear and understandable format, including the following:
10 (1) an annual ranking of automobile insurers: (A) including an analy-
11 sis of private passenger insurers in the state which provides, in
12 detail, a ranking of such insurers from best to worst based on each
13 insurer's record of consumer complaints during the preceding calendar
14 year, using criteria available to the department, adjusted for volume of
15 insurance written; and (B) taking into consideration the corresponding
16 total of claims improperly denied in whole or in part, consumer
17 complaints found to be valid in whole or in part, and any other perti-
18 nent data which would permit the department to objectively determine an
19 insurer's performance; and (C) the superintendent may note, to the
20 extent relevant, actions taken by the department against an insurer for
21 violating any law or regulation;
22 (2) a list of makes and models of automobiles that generally do not
23 meet underwriting guidelines of automobile insurers or in regard to
24 which consumers can expect to pay higher premiums as a result of an
25 automobile's style, model type or other distinguishing features, except
26 that specific insurers shall not be identified for purposes of such
27 list;
28 (3) an explanation of all types of automobile insurance required by
29 law and available as optional coverage, including policyholders' rights
30 under these types of coverage and when making claims;
31 (4) an explanation of and information on the automobile insurance plan
32 established pursuant to article fifty-three of this chapter, including
33 how motorists in such plan should proceed in attempting to obtain insur-
34 ance in the voluntary market;
35 (5) [representative information on the availability and costs of auto-
36 mobile insurance from insurers for rating territories in the state, for
37 classes of drivers, including information on premium credit and
38 surcharge practices;
39 (6)] recommendations as to how best to shop for and compare prices,
40 service and quality of automobile insurance coverage;
41 [(7)] (6) an explanation of prohibited discriminatory practices apply-
42 ing to insurance companies, agents and brokers; and
43 [(8)] (7) a department toll free consumer hot-line through which
44 consumers may initiate complaints, and request general information,
45 about automobile insurance.
46 (b) The [annual] requirements set forth in subsection (a) of this
47 section may be satisfied by separate or supplemental publications and
48 updates.
49 (c) The superintendent shall [provide for the adequate distribution
50 and availability of] post the consumer guide on automobile insurance on
51 the department's website. [Appropriate copies of the guide shall be
52 transmitted to the commissioner of motor vehicles for distribution at
53 every department of motor vehicle local and district office in the state
54 and to the commissioner of education for distribution to every public
55 library in the state, where copies of the guide shall be made available
56 free of charge to the public.]
S. 2812--C 37 A. 4012--C
1 § 65. Section 338 of the insurance law is REPEALED.
2 § 66. Section 339 of the insurance law is REPEALED.
3 § 67. Section 402 of the insurance law is REPEALED.
4 § 68. Intentionally omitted.
5 § 69. Section 2102 of the insurance law is amended by adding a new
6 subsection (g) to read as follows:
7 (g) Any person, firm, association or corporation who or that violates
8 this section shall be subject to a penalty not to exceed five hundred
9 dollars for each transaction, except as provided in paragraph two of
10 subsection (a) of this section.
11 § 70. Subsection (g) of section 2117 of the insurance law is amended
12 to read as follows:
13 (g) Any person, firm, association or corporation violating any
14 provision of this section shall, in addition to any other penalty
15 provided by law, forfeit to the people of the state the sum of five
16 hundred dollars for [the first offense, and an additional sum of five
17 hundred dollars for each month during which any such person, firm, asso-
18 ciation or corporation shall continue to act in violation of this
19 section] each transaction.
20 § 71. Subsection (b) of section 2402 of the insurance law, as amended
21 by chapter 499 of the laws of 2009, is amended to read as follows:
22 (b) "Defined violation" means the commission by a person of an act
23 prohibited by: subsection (a) of section one thousand one hundred two,
24 section one thousand two hundred fourteen, one thousand two hundred
25 seventeen, one thousand two hundred twenty, one thousand three hundred
26 thirteen, subparagraph (B) of paragraph two of subsection (i) of section
27 one thousand three hundred twenty-two, subparagraph (B) of paragraph two
28 of subsection (i) of section one thousand three hundred twenty-four, two
29 thousand one hundred two, two thousand one hundred seventeen, two thou-
30 sand one hundred twenty-two, two thousand one hundred twenty-three,
31 subsection (p) of section two thousand three hundred thirteen, section
32 two thousand three hundred twenty-four, two thousand five hundred two,
33 two thousand five hundred three, two thousand five hundred four, two
34 thousand six hundred one, two thousand six hundred two, two thousand six
35 hundred three, two thousand six hundred four, two thousand six hundred
36 six, two thousand seven hundred three, three thousand one hundred nine,
37 three thousand two hundred twenty-four-a, three thousand four hundred
38 twenty-nine, three thousand four hundred thirty-three, paragraph seven
39 of subsection (e) of section three thousand four hundred twenty-six,
40 four thousand two hundred twenty-four, four thousand two hundred twen-
41 ty-five, four thousand two hundred twenty-six, seven thousand eight
42 hundred nine, seven thousand eight hundred ten, seven thousand eight
43 hundred eleven, seven thousand eight hundred thirteen, seven thousand
44 eight hundred fourteen and seven thousand eight hundred fifteen of this
45 chapter; or section 135.60, 135.65, 175.05, 175.45, or 190.20, or arti-
46 cle one hundred five of the penal law.
47 § 72. Section 2706 of the insurance law is REPEALED.
48 § 73. Intentionally omitted.
49 § 74. Intentionally omitted.
50 § 75. Intentionally omitted.
51 § 76. Section 5514 of the insurance law is REPEALED.
52 § 77. Subsection (d) of section 7006 of the insurance law is REPEALED.
53 § 78. Subdivision 47 of section 2.10 of the criminal procedure law, as
54 added by chapter 720 of the laws of 1981, is amended to read as follows:
55 47. Employees of the [insurance frauds bureau of the state] department
56 of [insurance] financial services when designated as peace officers by
S. 2812--C 38 A. 4012--C
1 the superintendent of [insurance] financial services and acting pursuant
2 to their special duties as set forth in article four of the financial
3 services law; provided, however, that nothing in this subdivision shall
4 be deemed to authorize such officer to carry, possess, repair or dispose
5 of a firearm unless the appropriate license therefor has been issued
6 pursuant to section 400.00 of the penal law.
7 § 78-a. Subdivision 61 of section 2.10 of the criminal procedure law,
8 as added by chapter 321 of the laws of 1992, is REPEALED.
9 § 79. Subdivision 1 of section 1370-b of the public health law, as
10 amended by section 5 of part A of chapter 58 of the laws of 2009, is
11 amended to read as follows:
12 1. The New York state advisory council on lead poisoning prevention is
13 hereby established in the department, to consist of the following, or
14 their designees: the commissioner; the commissioner of labor; the
15 commissioner of environmental conservation; the commissioner of housing
16 and community renewal; the commissioner of children and family services;
17 the commissioner of temporary and disability assistance; the secretary
18 of state; [the superintendent of insurance;] and fifteen public members
19 appointed by the governor. The public members shall have a demonstrated
20 expertise or interest in lead poisoning prevention and at least one
21 public member shall be representative of each of the following: local
22 government; community groups; labor unions; real estate; industry;
23 parents; educators; local housing authorities; child health advocates;
24 environmental groups; professional medical organizations and hospitals.
25 The public members of the council shall have fixed terms of three years;
26 except that five of the initial appointments shall be for two years and
27 five shall be for one year. The council shall be chaired by the commis-
28 sioner or his or her designee.
29 § 80. Paragraph (b) of subdivision 1 of section 2553 of the public
30 health law, as amended by chapter 231 of the laws of 1993, is amended to
31 read as follows:
32 (b) The council shall consist of [twenty-seven] twenty-six members,
33 unless otherwise required by federal law, appointed by the governor. At
34 least five members shall be parents, four of whom shall be parents of
35 children with disabilities aged twelve or younger and one of whom shall
36 be the parent of a child with disabilities aged six or younger; at least
37 five shall be representatives of public or private providers of early
38 intervention services; at least one shall be involved in personnel prep-
39 aration or training; at least two shall be early intervention officials;
40 at least two shall be members of the legislature; [seven] six shall be
41 the commissioner and the commissioners of education, social services,
42 [mental retardation and] people with developmental disabilities, mental
43 health, alcoholism and substance abuse services [and the superintendent
44 of insurance], or their appropriate designees with sufficient authority
45 to engage in policy planning and implementation on behalf of their agen-
46 cies.
47 § 81. The opening paragraph of subdivision 1 of section 4602 of the
48 public health law, as amended by chapter 401 of the laws of 2003, is
49 amended to read as follows:
50 The continuing care retirement community council is hereby estab-
51 lished, to consist of the following, or their designees: the attorney
52 general; the commissioner; [the superintendent of insurance;] the direc-
53 tor of the office for the aging; and eight public members appointed by
54 the governor with the advice and consent of the senate. Such public
55 members shall be representative of the public, and have a demonstrated
56 expertise or interest in continuing care retirement communities;
S. 2812--C 39 A. 4012--C
1 provided that no more than one such member shall be a sponsor, owner,
2 operator, manager, member of a board of directors, or shareholder of a
3 continuing care retirement community. At least two public members shall
4 be residents of a continuing care retirement community. At least one of
5 the public members shall be a representative of an organization with
6 demonstrated experience in representing the interests of senior citi-
7 zens. The public members of the council shall have fixed terms of four
8 years. The council shall be chaired by the commissioner or his or her
9 designee.
10 § 82. Paragraph 5 of subdivision (a) of section 11 of the tax law, as
11 amended by section 19 of part A of chapter 63 of the laws of 2005, is
12 amended to read as follows:
13 (5) "Department" - the department of [insurance] financial services;
14 provided, however, that "department" shall mean the department of
15 economic development with regard to any application, certification,
16 report, submission, filing or other action required or governed by this
17 section occurring on or after August first, two thousand eleven.
18 § 83. Paragraph 12 of subdivision (a) of section 11 of the tax law, as
19 amended by section 19 of part A of chapter 63 of the laws of 2005, is
20 amended to read as follows:
21 (12) "Superintendent" - the superintendent of [insurance] financial
22 services; provided, however, that "superintendent" shall mean the
23 commissioner of economic development with regard to any application,
24 certification, report, submission, filing or other action required or
25 governed by this section occurring on or after August first, two thou-
26 sand eleven.
27 § 84. Subdivision (j) of section 11 of the tax law is REPEALED.
28 § 85. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
29 constituting the New York state defense emergency act, as amended by
30 chapter 641 of the laws of 1978, is amended to read as follows:
31 1. There is hereby continued in the division of military and naval
32 affairs in the executive department a state civil defense commission to
33 consist of the same members as the members of the disaster preparedness
34 commission as established in article two-B of the executive law. In
35 addition, the [superintendents] superintendent of [banking and insur-
36 ance] financial services, the chairman of the workers' compensation
37 board and the director of the division of veterans' affairs shall be
38 members. The governor shall designate one of the members of the commis-
39 sion to be the chairman thereof. The commission may provide for its
40 division into subcommittees and for action by such subcommittees with
41 the same force and effect as action by the full commission. The members
42 of the commission, except for those who serve ex officio, shall be
43 allowed their actual and necessary expenses incurred in the performance
44 of their duties under this article but shall receive no additional
45 compensation for services rendered pursuant to this article.
46 § 86. Section 4 of chapter 610 of the laws of 1995 amending the insur-
47 ance law, relating to investments is REPEALED.
48 § 87. Section 3 of the banking law is REPEALED.
49 § 88. Subdivisions 3, 4, 5, 7, 8 and 9 of section 12-a of the banking
50 law, as added by chapter 322 of the laws of 2007, paragraph (a) of
51 subdivision 8 as amended by chapter 295 of the laws of 2008, are amended
52 to read as follows:
53 3. Except with respect to a federally permitted power approved pursu-
54 ant to subdivision four of this section, prior to any state chartered
55 banking institution initially exercising any federally permitted power
56 pursuant to this section, such banking institution shall make an appli-
S. 2812--C 40 A. 4012--C
1 cation individually or with one or more state chartered banking insti-
2 tutions to the superintendent indicating that such institution or insti-
3 tutions intend to exercise such federally permitted power and the basis
4 on which such institution or institutions believe such power is a feder-
5 ally permitted power. [The] If such application meets the requirements
6 of this section, the superintendent shall post such application upon the
7 bulletin board of the department pursuant to section forty-two of this
8 article. After promptly reviewing such application, the superintendent
9 shall determine, consistent with the standards set forth in subdivision
10 five of this section, whether to [recommend to the banking board
11 approval of] approve such application subject to such terms and condi-
12 tions as [he or she] the superintendent may deem appropriate, in [his or
13 her] the superintendent's sole discretion. Such determination, [and any
14 recommendation to the banking board to approve an application,] shall be
15 made by the superintendent within forty-five days after the posting of
16 such application by the superintendent, provided however that the super-
17 intendent may notify the applicant or applicants that the review of the
18 application shall be extended for an additional period of time not
19 exceeding one hundred twenty days after the posting of such application,
20 and provided further that such period of time may be extended for an
21 additional period of time with the written consent of the applicant or
22 applicants. The [banking board] superintendent shall not act upon the
23 [superintendent's recommendation] application prior to thirty days after
24 such application has been posted. If the superintendent shall determine
25 not to [recommend approval] approve of such application, the superinten-
26 dent shall notify the applicant or applicants in writing that the appli-
27 cant or applicants may not exercise such federally permitted power. If
28 the superintendent [determines to recommend approval of such applica-
29 tion, and the banking board approves such application by adoption of a
30 resolution,] approves such application, the superintendent shall notify
31 the applicant or applicants in writing thereof, and the applicant or
32 applicants may exercise such federally permitted power subject to such
33 terms and conditions as the [banking board] superintendent may have
34 approved. [If the banking board declines to approve such application,
35 the superintendent shall notify the applicant or applicants in writing
36 thereof.] Notwithstanding any other law, the [banking board, upon the
37 recommendation of the] superintendent[,] may[, by resolution,] make the
38 approval of an application under this section applicable to one or more
39 additional state chartered banking institutions that are qualified to
40 exercise the same federally permitted powers as the applicant or appli-
41 cants pursuant to subdivision two of this section, subject to such terms
42 and conditions as the superintendent shall find necessary and appropri-
43 ate [and as approved by the banking board].
44 4. Notwithstanding any other law, the superintendent, in [his or her
45 sole] the superintendent's discretion, may, when [he or she] the super-
46 intendent deems it necessary and appropriate after considering the stan-
47 dards set forth in subdivision five of this section, [recommend to the
48 banking board that it adopt a resolution authorizing] by order, author-
49 ize one or more state chartered banking institutions to exercise a
50 federally permitted power, subject to such terms and conditions as the
51 superintendent shall find necessary and appropriate [and as approved by
52 the banking board]. Prior to [making any such recommendation to the
53 banking board] issuing such order, the superintendent shall post [such
54 recommendation] notice of the superintendent's intention to issue such
55 order upon the bulletin board of the department pursuant to section
56 forty-two of this article, and [the banking board] shall not act upon
S. 2812--C 41 A. 4012--C
1 such [recommendation] intention prior to thirty days after such [recom-
2 mendation] notice has been posted.
3 5. Prior to approving any [recommendation by the superintendent]
4 application or proposal pursuant to subdivision three or four of this
5 section, the [banking board] superintendent shall make a finding that
6 the approval of such [recommendation] application or proposal is:
7 (i) consistent with the policy of the state of New York as declared in
8 section ten of this article and thereby protects the public interest,
9 including the interests of depositors, creditors, shareholders, stock-
10 holders and consumers; and
11 (ii) necessary to achieve or maintain parity between state chartered
12 banking institutions and their counterpart federally chartered banking
13 institutions with respect to rights, powers, privileges, benefits,
14 activities, loans, investments or transactions.
15 7. (a) In those instances where state chartered banking institutions
16 are permitted to engage in the business of insurance pursuant to this
17 section, they shall do so subject to [regulation by the department of
18 insurance and pursuant to] all insurance laws, rules, and regulations;
19 provided, however, that the superintendent[, in consultation with the
20 superintendent of insurance,] may exempt state chartered banking insti-
21 tutions from any insurance law, rule or regulation which has been
22 preempted under federal law, rule or regulation for federally chartered
23 banking institutions if such law, rule or regulation has been preempted
24 because it applies to insurance activities of federally chartered bank-
25 ing institutions and not to those of other entities.
26 (b) In those instances where a federally permitted power authorized
27 pursuant to this section is subject to regulation by an agency, as
28 defined in subdivision one of section one hundred two of the state
29 administrative procedure act, other than the superintendent, [banking
30 board or superintendent of insurance,] then when a state chartered bank-
31 ing institution exercises such federally permitted power, unless it is
32 so authorized by other New York state law, or a rule, regulation or
33 policy adopted pursuant to such other New York state law, or by a judi-
34 cial decision, it shall do so subject to such regulation to the same
35 extent and in the same manner as such agency regulates entities other
36 than state chartered banking institutions, except to the extent that
37 federally chartered banking institutions are not subject to such regu-
38 lation.
39 [(c) Except with respect to a credit unemployment insurance policy,
40 group credit life insurance policy, a group credit health, group credit
41 accident or group credit health and accident policy, or similar group
42 credit insurance covering the person of the insured, state chartered
43 banking institutions, federally chartered banking institutions, and any
44 person soliciting the purchase of or selling insurance on the premises
45 thereof, must disclose or cause to be disclosed in writing, where prac-
46 ticable, in clear and concise language, to their customers and prospec-
47 tive customers who are solicited therefor that any insurance offered or
48 sold:
49 (i) is not a deposit;
50 (ii) is not insured by the federal deposit insurance corporation or
51 the national credit union share insurance fund, as applicable; and
52 (iii) is not guaranteed by the state chartered banking institution or
53 the federally chartered banking institution.
54 (d) Except with respect to a flood insurance policy, or a credit unem-
55 ployment insurance policy, group credit life insurance policy, a group
56 credit health, group credit accident or group credit health and accident
S. 2812--C 42 A. 4012--C
1 policy, or similar group credit insurance covering the person of the
2 insured, when a customer obtains insurance and credit from a state char-
3 tered banking institution or a federally chartered banking institution,
4 then the credit and insurance transactions shall be completed through
5 separate documents. The expense of insurance premiums may not be
6 included in the primary credit transaction without the express written
7 consent of the customer.
8 (e) State chartered banking institutions and federally chartered bank-
9 ing institutions shall not extend credit, lease or sell property of any
10 kind, or furnish any services, or fix or vary the consideration for any
11 of the foregoing, on the condition or requirement that the customer
12 obtain insurance from the state chartered banking institution or feder-
13 ally chartered banking institution, its affiliate or subsidiary, or a
14 particular insurer, agent or broker; provided, however, that this prohi-
15 bition shall not prevent any state chartered banking institution or
16 federally chartered banking institution from engaging in any activity
17 described in this subdivision that would not violate section 106 of the
18 Bank Holding Company Act Amendments of 1970 (12 USCA §1971 et seq.), as
19 interpreted by the Board of Governors of the Federal Reserve System.
20 This prohibition shall not prevent a state chartered banking institution
21 or federally chartered banking institution from informing a customer
22 that insurance is required in order to obtain a loan or credit, that
23 loan or credit approval is contingent upon the customer's procurement of
24 acceptable insurance, or that insurance is available from the state
25 chartered banking institution or federally chartered banking institu-
26 tion; provided, however, that the state chartered banking institution or
27 federally chartered banking institution shall also inform the customer
28 in writing that his or her choice of insurance provider shall not affect
29 the state chartered banking institution's or federally chartered banking
30 institution's credit decision or credit terms in any way. Such disclo-
31 sure shall be given prior to or at the time that a state chartered bank-
32 ing institution or federally chartered banking institution or person
33 selling insurance on the premises thereof solicits the purchase of any
34 insurance from a customer who has applied for a loan or extension of
35 credit.
36 (f) No state chartered banking institution or federally chartered
37 banking institution shall require a debtor, insurer, or insurance agent
38 or broker to pay a separate charge in connection with the handling of
39 insurance that is required in connection with a loan or other extension
40 of credit or the provision of another traditional banking product solely
41 because the insurance is being provided by an insurance agent or broker
42 which is not the state chartered banking institution or federally char-
43 tered banking institution or any subsidiary or affiliate thereof.
44 (g)] (c) Any state chartered banking institution or federally char-
45 tered banking institution and any subsidiary or affiliate thereof which
46 is licensed to sell insurance in this state shall maintain separate and
47 distinct books and records relating to its insurance transactions,
48 including all files relating to and reflecting consumer complaints, and
49 such insurance books and records shall be made available to the super-
50 intendent [of insurance] for inspection upon reasonable notice.
51 8. [(a)] On or before June first[, two thousand eight and annually
52 thereafter] of each year, the superintendent shall submit a report to
53 the governor, the speaker of the assembly, the temporary president of
54 the senate, the minority leaders of the senate and assembly, and the
55 chairs and ranking minority members of the senate and assembly banks
56 committees, which shall include, with respect to the authority provided
S. 2812--C 43 A. 4012--C
1 for in this section, with respect to the preceding calendar year, (1) a
2 listing of state chartered banking institutions that [have been
3 retained,] were established [or that have converted to federally char-
4 tered banking institutions or have been acquired by, or merged with and
5 into another state or out-of-state state chartered banking institution
6 or federally chartered banking institution and the total employment of
7 the banking sector in this state], (2) a listing of institutions that
8 have converted to a federal charter or have been acquired by, or merged
9 with, another banking institution, (3) the number of New York banking
10 institutions exercising the insurance activities authorized by this
11 section, (4) the total number of New York chartered banking institutions
12 located in this state, [including branches,] and (5) the total amount of
13 assets of such chartered [or licensed] banking institutions by type [of
14 federal, state or out-of-state state charter.
15 (b) On or before June first, two thousand eight and annually thereaft-
16 er, the superintendent shall, in conjunction with the superintendent of
17 insurance, submit a report to the governor, the speaker of the assembly,
18 the temporary president of the senate and the minority leaders of the
19 senate and the assembly, which assesses the impact of the provisions of
20 this section which apply to the insurance activities of state chartered
21 banking institutions].
22 9. Any rules or regulations promulgated by the banking board pursuant
23 to former sections fourteen-g and fourteen-h of this chapter prior to
24 September first, two thousand seven, and any resolutions adopted by the
25 banking board pursuant to this section after September first, two thou-
26 sand seven and before the effective date of the chapter of the laws of
27 two thousand eleven which amended this subdivision, including any such
28 rules [and], regulations and resolutions which in whole or in part
29 impose conditions, qualifications or restrictions on any federally
30 permitted powers authorized thereby which exceed the conditions, quali-
31 fications or restrictions imposed on the same when exercised by a feder-
32 ally chartered banking institution, shall remain in full force and
33 effect on or after such date, unless any such rule [or], regulation or
34 resolution is thereafter superseded, modified, or revoked by the [bank-
35 ing board] superintendent pursuant to the provisions of subdivisions
36 three and four of this section.
37 § 89. The functions and powers possessed by and all of the obligations
38 and duties of the banking board, as established pursuant to the banking
39 law, shall be transferred and assigned to, assumed by and devolved upon
40 the superintendent.
41 § 90. Section 14 of the banking law, as amended by chapter 684 of the
42 laws of 1938, the opening paragraph, paragraphs (a), (d), (e), and (f)
43 of subdivision 1 as amended by chapter 315 of the laws of 2008, para-
44 graphs (b) and (c) of subdivision 1 as amended by chapter 652 of the
45 laws of 1988, paragraph (cc) of subdivision 1 as amended by chapter 115
46 of the laws of 1981, paragraph (g) of subdivision 1 as amended and para-
47 graphs (h), (i), (ii), (k), (m), (n), (o), (p), (q), and (qq) of subdi-
48 vision 1 as relettered by chapter 360 of the laws of 1984, paragraph
49 (i) of subdivision 1 as amended by chapter 766 of the laws of 1975,
50 paragraph (ii) of subdivision 1 as added by chapter 226 of the laws of
51 1943, paragraphs (j) and (l) of subdivision 1 as amended by chapter 154
52 of the laws of 2007, paragraph (s) of subdivision 1 as amended by chap-
53 ter 613 of the laws of 1993, paragraph (t) of subdivision 1 as separate-
54 ly relettered by chapters 360 and 789 of the laws of 1984 and paragraph
55 (qq) of subdivision 1, as added by chapter 15 of the laws of 1980, is
56 amended to read as follows:
S. 2812--C 44 A. 4012--C
1 § 14. [Powers of the banking board] Additional powers of the super-
2 intendent. 1. For the purpose of effectuating the policy declared in
3 section ten of this article, without limiting any other powers that the
4 superintendent is permitted by law to exercise, the [banking board]
5 superintendent shall have the power[, by a three-fifths vote of all its
6 members,] to make, alter and amend [resolutions,] orders, rules and
7 regulations not inconsistent with law. Such orders, rules[,] and regu-
8 lations [and resolutions] shall be brought to the attention of those
9 affected thereby in a manner [to be] prescribed by [the board] law.
10 Without limiting the foregoing power, [resolutions] orders or rules or
11 regulations may be so adopted for the following specific purposes:
12 (a) To approve organization certificates and articles of association,
13 private bankers' certificates and applications of foreign corporations
14 for licenses to do business in this state, [submitted to it by the
15 superintendent] as provided in this article.
16 (b) To determine the purposes for which and the extent to which capi-
17 tal notes or debentures shall be considered and treated as capital stock
18 of corporate banking organizations; but capital notes or debentures
19 shall not be considered or treated as capital stock for the purposes of
20 sections one hundred ten and one hundred eleven of this chapter.
21 (c) To grant permission to a trust company, including a national bank,
22 to establish one or more common trust funds upon application and after
23 inquiry concerning the qualifications of such trust company to maintain
24 and manage the same, and to regulate the conduct and management of any
25 common trust fund and for such purpose, but not by way of limitation of
26 the foregoing power, to prescribe (1) the records and accounts to be
27 kept of such common trust funds; (2) the procedure to be followed in
28 adding moneys to or withdrawing moneys or investments from any such
29 common trust fund; (3) the methods and standards to be employed in
30 determining the value of such common trust funds and of the assets and
31 investments thereof; (4) the maximum amount of moneys of any estate,
32 trust or fund which may be invested in any common trust fund; and (5)
33 the maximum proportionate share of any such common trust fund which may
34 be apportioned to any estate, trust or fund; and in connection with such
35 powers to classify the corporations maintaining such common trust funds
36 according to the population of the city, town or village in which the
37 principal offices of such corporations are respectively located and to
38 prescribe the minimum total of any such common trust fund and the
39 permissible limits of investment therein in accordance with such classi-
40 fication.
41 (cc) To approve the incorporation by or on behalf of trust companies
42 and national banks with trust powers of a mutual trust investment compa-
43 ny to form a medium for the common investment of funds held by trust
44 companies, including national banks, acting as executors, administra-
45 tors, guardians, inter-vivos or testamentary trustees or committees or
46 conservators either alone or with individual co-fiduciaries, and any
47 amendments of the certificate of incorporation of such mutual trust
48 investment company, and to regulate the conduct and management of such
49 mutual trust investment company and for such purpose, but not by way of
50 limitation of the foregoing power, to prescribe (1) the records and
51 accounts to be kept by such mutual trust investment company; (2) the
52 procedure to be followed in the sale or redemption of stocks or shares
53 therein; (3) the methods and standards to be employed in determining the
54 value of such shares in the mutual trust investment company and the
55 assets and investments thereof; and (4) the maximum proportionate shares
S. 2812--C 45 A. 4012--C
1 of any such mutual trust investment company which may be apportioned or
2 sold to any one trust company or national bank.
3 (d) To authorize a bank or a trust company to invest in the capital
4 stock of, or any other equity interest in, any corporation, partnership,
5 unincorporated association, limited liability company, or other entity
6 not included among the corporations or other entities for which invest-
7 ment in the capital stock or other equity interest is expressly author-
8 ized by this chapter.
9 (e) To authorize a savings bank to invest in the capital stock, capi-
10 tal notes and debentures of a trust company or other corporation, as
11 provided in article six of this chapter.
12 (f) To authorize a savings and loan association to invest in the capi-
13 tal stock, capital notes and debentures of a trust company or other
14 corporation, as provided in article ten of this chapter.
15 (g) To prescribe from time to time: (1) the rates of interest which
16 may be paid on deposits with any banking organization and with any
17 branch or agency of a foreign banking corporation; and (2) the rates of
18 dividends which may be paid on shares of any savings and loan associ-
19 ation or credit union, and to prohibit the payment of such interest or
20 such dividends by any banking organization or by any branch of a foreign
21 banking corporation. Interest or dividend rates so prescribed need not
22 be uniform.
23 (h) To limit and regulate withdrawals of deposits or shares from any
24 banking organization, if the [board] superintendent shall find that such
25 limitation and regulation are necessary because of the existence of
26 unusual and extraordinary circumstances. [The board shall enter such
27 finding on its records.]
28 (i) To prescribe from time to time reserves against deposits to be
29 maintained by banks and trust companies pursuant to article three of
30 this chapter; provided that no reserve requirement imposed [by the
31 board] against either time or demand deposits shall require any bank or
32 trust company to maintain total reserves in an amount greater than it
33 would be required to maintain if it were at the time a member of the
34 federal reserve system; and provided further, however, that a bank or
35 trust company not a member of the federal reserve system may be author-
36 ized [by the board] to maintain total reserves against deposits in an
37 amount lower than the reserves required by article three of this chapter
38 to be maintained, either in individual cases or by general regulations
39 [of the board] on such basis as the [board] superintendent may deem
40 reasonable or appropriate in view of the character of the business tran-
41 sacted by such bank or trust company.
42 [(ii) To exempt from reserve requirements prescribed by or pursuant to
43 this chapter deposits payable to the United States by any banking organ-
44 ization arising solely as a result of subscriptions made by or through
45 any such banking organization for United States government securities
46 issued under the authority of the second liberty bond act as amended.]
47 (j) To grant permission to officers, directors, clerks or employees of
48 banks and trust companies to engage in the issue, flotation, underwrit-
49 ing, public sale or distribution at wholesale or retail, or through
50 syndicate participation of stocks, bonds or other similar securities,
51 and to revoke such permission, both as provided in this chapter.
52 (k) To prescribe the methods and standards to be used (1) in making
53 the examinations provided for in this chapter, and (2) in valuing the
54 assets of banking organizations.
55 (l) To prescribe the form and contents of periodical reports of condi-
56 tion to be rendered to the superintendent by banks, trust companies,
S. 2812--C 46 A. 4012--C
1 private bankers and branches of foreign banking corporations, and the
2 manner of publication of such reports.
3 (m) To postpone or omit the calling for and rendering of reports
4 provided for by this chapter if the [board] superintendent shall find
5 that such postponement or omission is necessary because of the existence
6 of unusual and extraordinary circumstances. [The board shall enter such
7 finding on its records.]
8 (n) To define what is an unsafe manner of conducting the business of
9 banking organizations.
10 (o) To define what is a safe or unsafe condition of a banking organ-
11 ization.
12 (p) To make variations from the requirements of this chapter, provided
13 such variations are in harmony with the spirit of the law, if the
14 [board] superintendent shall find that such variations are necessary
15 because of the existence of unusual and extraordinary circumstances.
16 [The board shall enter such finding on its records.]
17 (q) To establish safe and sound methods of banking and safeguard the
18 interests of depositors, creditors, shareholders and stockholders gener-
19 ally in times of emergency.
20 (qq) To permit any banking organization, national banking association,
21 federal mutual savings bank, federal savings and loan association and
22 federal credit union to offer graduated payment mortgages which shall
23 conform to the provisions of section two hundred seventy-nine of the
24 real property law.
25 (s) To permit authorized lenders, as defined by section two hundred
26 eighty or two hundred eighty-a of the real property law, to offer
27 reverse mortgage loans which shall conform to the provisions of section
28 two hundred eighty or two hundred eighty-a of the real property law.
29 [(t) To exercise any other power conferred upon the board by law.
30 2. The board shall consider and make recommendations upon any matter
31 which the superintendent may submit to it for recommendations, and pass
32 upon and determine any matter which he shall submit to it for determi-
33 nation.
34 3. The board shall submit to the superintendent proposals for any
35 amendments to this chapter which it deems desirable.]
36 § 91. Whenever the term banking board shall appear in any law, regu-
37 lation, contract or other document other than a section amended in this
38 act, such term shall be deemed to refer to the superintendent. Whenever
39 the banking law authorizes the banking board to act by resolution, with
40 or without a recommendation of the superintendent, the superintendent
41 may act by determination or order.
42 § 92. Section 15 of the banking law is REPEALED.
43 § 93. Section 16 of the banking law is REPEALED.
44 § 94. Section 9-q of the banking law is REPEALED.
45 § 95. Section 6 of chapter 322 of the laws of 2007, amending the bank-
46 ing law relating to the power of banks, private bankers, trust compa-
47 nies, savings banks, savings and loan associations, credit unions and
48 foreign banking corporations to exercise the rights of national banks,
49 federal savings associations, federal credit unions and federal branches
50 and agencies of foreign banks, as amended by chapter 122 of the laws of
51 2009, is amended to read as follows:
52 § 6. This act shall take effect immediately; provided, however that
53 sections one, two, three and four of this act shall take effect Septem-
54 ber 1, 2007; and provided further that sections one, two, three and four
55 of this act shall expire and be deemed repealed September 10, [2011]
56 2014; and provided further that any federally permitted powers approved
S. 2812--C 47 A. 4012--C
1 under section three of this act shall remain in full force and effect on
2 and after such repeal date and shall not be affected by such repeal.
3 § 95-a. Section 7 of chapter 3 of the laws of 1997, amending the
4 banking law and the insurance law relating to authorizing the banking
5 board to permit banks and trust companies to exercise the rights of
6 national banks, as amended by chapter 122 of the laws of 2009, is
7 amended to read as follows:
8 § 7. This act shall take effect immediately provided that section two
9 of this act shall take effect on the thirtieth day after it shall have
10 become a law and shall apply to violations prescribed in section 44 of
11 the banking law that occur on or after such date; and provided further
12 that sections one, three, four and five shall expire and be deemed
13 repealed September 10, [2011] 2014; and provided further that any rules
14 and regulations promulgated pursuant to sections one, three, four and
15 five shall remain in full force and effect on and after such expiration
16 date and shall not be affected by such expiration date.
17 § 96. Subdivision 2 of section 75-g of the banking law is REPEALED.
18 § 97. Paragraph b of subdivision 19 of section 42 of the banking law,
19 as added by chapter 322 of the laws of 2007, is amended to read as
20 follows:
21 b. [Every recommendation to be made to the banking board pursuant to
22 subdivision four of section twelve-a of this article, which shall
23 include a description of the recommended federally permitted power, a
24 reference to the state chartered banking institutions which shall be
25 permitted to exercise such power, and the date of the meeting of the
26 banking board at which such recommendation is expected to be considered]
27 The intention of the superintendent to issue an order pursuant to subdi-
28 vision four of section twelve-a of this article, which shall include a
29 description of the proposed federally permitted power and a reference to
30 the state-chartered banking institutions which shall be permitted to
31 exercise such power.
32 § 98. Transfer of powers of the banking and insurance departments. The
33 functions and powers possessed by and all of the obligations and duties
34 of the banking and insurance departments, as established pursuant to the
35 insurance law, the banking law and other laws, shall be transferred and
36 assigned to, and assumed by and devolved upon, the department of finan-
37 cial services.
38 § 99. Abolition of the banking and insurance departments and the
39 consumer protection board. Upon the transfer pursuant to this act of the
40 functions and powers possessed by and all of the obligations and duties
41 of the banking and insurance departments and the consumer protection
42 board, as established pursuant to the banking law, the insurance law and
43 other laws, the banking and insurance departments and the consumer
44 protection board shall be abolished.
45 § 100. Continuity of authority of the banking and insurance depart-
46 ments. Except as herein otherwise provided, upon the transfer pursuant
47 to this act of the functions and powers possessed by, and all of the
48 obligations and duties of, the banking and insurance departments as
49 established pursuant to the banking law, the insurance law and other
50 laws, to the department of financial services as prescribed by this act,
51 for the purpose of succession, all functions, powers, duties and obli-
52 gations of the department of financial services shall be deemed and be
53 held to constitute the continuation of such functions, powers, duties
54 and obligations and not a different agency.
55 § 101. Transfer of records of the banking and insurance departments
56 and the consumer protection board. Upon the transfer pursuant to this
S. 2812--C 48 A. 4012--C
1 act of the functions and powers possessed by and all of the obligations
2 and duties of the banking and insurance departments and the consumer
3 protection board as established pursuant to the banking law, the insur-
4 ance law and other laws, to the department of financial services and the
5 department of state, as appropriate, as prescribed by this act, all
6 books, papers, records and property pertaining to the banking and insur-
7 ance departments and the consumer protection board shall be transferred
8 to and maintained by the department of financial services and the
9 department of state, as appropriate.
10 § 102. Completion of unfinished business of the banking and insurance
11 departments and the consumer protection board. Upon the transfer pursu-
12 ant to this act of the functions and powers possessed by and all of the
13 obligations and duties of the banking and insurance departments and the
14 consumer protection board as established pursuant to the banking law,
15 the insurance law and other laws, to the department of financial
16 services and the department of state, as appropriate, as prescribed by
17 this act, any business or other matter undertaken or commenced by the
18 banking and insurance departments and the consumer protection board
19 pertaining to or connected with the functions, powers, obligations and
20 duties so transferred and assigned to the department of financial
21 services and the department of state, as appropriate, may be conducted
22 or completed by the department of financial services and the department
23 of state, as appropriate.
24 § 103. Terms occurring in laws, contracts or other documents of or
25 pertaining to the banking and insurance departments and the consumer
26 protection board. Upon the transfer pursuant to this act of the func-
27 tions and powers possessed by and all of the obligations and duties of
28 the banking and insurance departments and the consumer protection board
29 as established pursuant to the banking law, the insurance law and other
30 laws, as prescribed by this act, whenever the banking and insurance
31 departments and the superintendents thereof or the consumer protection
32 board and the chairperson and executive director thereof, the functions,
33 powers, obligations and duties of which are transferred to the depart-
34 ment of financial services and the department of state, as appropriate,
35 are referred to or designated in any law, regulation, contract or docu-
36 ment pertaining to the functions, powers, obligations and duties trans-
37 ferred and assigned pursuant to this act, such reference or designation
38 shall be deemed to refer to the department of financial services and its
39 superintendent or, as the case may be, the department of state and its
40 secretary. In the case of any boards or other organizations where the
41 superintendents of both the banking department and the insurance depart-
42 ment both sit, the references or designations shall be deemed to refer
43 solely to the superintendent of the department of financial services.
44 § 104. (a) Wherever the terms "insurance department" or "department of
45 insurance" appear in the insurance law, such terms are hereby changed to
46 "department of financial services".
47 (b) Wherever the terms "banking department" or "department of banking"
48 appear in the banking law, such terms are hereby changed to "department
49 of financial services".
50 (c) Wherever the terms "insurance department", "department of insur-
51 ance", "banking department" or "department of banking" appears in the
52 consolidated or unconsolidated laws of this state other than the banking
53 law or the insurance law, such terms are hereby changed to "department
54 of financial services".
S. 2812--C 49 A. 4012--C
1 (d) Wherever the term "superintendent of insurance" appears in the
2 insurance law, such term is hereby changed to "superintendent of finan-
3 cial services".
4 (e) Wherever the term "superintendent of banks" appears in the banking
5 law, such term is hereby changed to "superintendent of financial
6 services".
7 (f) Wherever the terms "superintendent of insurance" or "superinten-
8 dent of banks" appears in the consolidated or unconsolidated laws of
9 this state other than the banking law or the insurance law, such terms
10 are hereby changed to "superintendent of financial services".
11 (g) Wherever the term "banking board" appears in the consolidated or
12 unconsolidated laws of this state, such term is hereby changed to
13 "superintendent of financial services".
14 (h) The legislative bill drafting commission is hereby directed to
15 effectuate this provision, and shall be guided by a memorandum of
16 instruction setting forth the specific provisions of law to be amended.
17 Such memorandum shall be transmitted to the legislative bill drafting
18 commission within sixty days of enactment of this provision. Such memo-
19 randum shall be issued jointly by the governor, the temporary president
20 of the senate and the speaker of the assembly, or by the delegate of
21 each.
22 § 105. Existing rights and remedies of or pertaining to the banking
23 and insurance departments and consumer protection board preserved. Upon
24 the transfer pursuant to this act of the functions and powers possessed
25 by and all of the obligations and duties of the banking and insurance
26 departments and of the consumer protection board as established pursuant
27 to the banking law, the insurance law and other laws, to the department
28 of financial services and the department of state, as appropriate, as
29 prescribed by this act, no existing right or remedy of the state,
30 including the banking and insurance departments and consumer protection
31 board, shall be lost, impaired or affected by reason of this act.
32 § 106. Pending actions and proceedings of or pertaining to the banking
33 or insurance departments or the consumer protection board. Upon the
34 transfer pursuant to this act of the functions and powers possessed by
35 and all of the obligations and duties of the banking and insurance
36 departments and the consumer protection board as established pursuant to
37 the banking law, the insurance law and other laws, to the department of
38 financial services and the department of state, as appropriate, as
39 prescribed by this act, no action or proceeding pending on the effective
40 date of this act, brought by or against the banking or insurance depart-
41 ments or the superintendents thereof or the consumer protection board
42 and the chairperson and executive director thereof shall be affected by
43 any provision of this act, but the same may be prosecuted or defended in
44 the name of the New York state department of financial services and the
45 department of state, as appropriate. In all such actions and
46 proceedings, the New York state department of financial services and the
47 department of state, as appropriate, upon application to the court,
48 shall be substituted as a party.
49 § 107. Continuation of rules and regulations of or pertaining to the
50 banking and insurance departments and the consumer protection board.
51 Upon the transfer pursuant to this act of the functions and powers
52 possessed by and all the obligations and duties of the banking and
53 insurance departments and the consumer protection board as established
54 pursuant to the banking law, the insurance law and other laws, to the
55 department of financial services and the department of state, as appro-
56 priate, as prescribed by this act, all rules, regulations, acts, orders,
S. 2812--C 50 A. 4012--C
1 determinations, decisions, licenses, registrations and charters of the
2 banking and insurance departments and the consumer protection board,
3 pertaining to the functions transferred and assigned by this act to the
4 department of financial services and the department of state, as appro-
5 priate, in force at the time of such transfer, assignment, assumption or
6 devolution shall continue in force and effect as rules, regulations,
7 acts, determinations and decisions of the department of financial
8 services and department of state, as appropriate, until duly modified or
9 repealed.
10 § 108. Transfer of appropriations heretofore made to the banking and
11 insurance departments and the consumer protection board. Upon the
12 transfer pursuant to this act of the functions and powers possessed by
13 and all of the obligations and duties of the banking and insurance
14 departments and the consumer protection board as established pursuant to
15 the banking law, the insurance law and other laws, to the department of
16 financial services and the department of state, as appropriate, as
17 prescribed by this act, all appropriations and reappropriations which
18 shall have been made available as of the date of such transfer to the
19 banking department or the insurance department or the consumer
20 protection board or segregated pursuant to law, to the extent of remain-
21 ing unexpended or unencumbered balances thereof, whether allocated or
22 unallocated and whether obligated or unobligated, shall be transferred
23 to and made available for use and expenditure by the department of
24 financial services and the department of state, as appropriate, and
25 shall be payable on vouchers certified or approved by the commissioner
26 of taxation and finance, on audit and warrant of the comptroller.
27 Payments of liabilities for expenses of personnel services, maintenance
28 and operation which shall have been incurred as of the date of such
29 transfer by the banking and insurance departments or the consumer
30 protection board, and for liabilities incurred and to be incurred in
31 completing its affairs shall also be made on vouchers certified or
32 approved by the superintendent of financial services, and the secretary
33 of state, as appropriate, on audit and warrant of the comptroller.
34 § 109. Transfer of employees. Upon the transfer pursuant to this act
35 of the functions and powers possessed by and all of the obligations and
36 duties of the banking and insurance departments and the consumer
37 protection board as established pursuant to the banking law, the insur-
38 ance law and other laws, to the department of financial services and the
39 department of state, as appropriate, as prescribed by this act,
40 provision shall be made for the transfer of all employees from the bank-
41 ing department and the insurance department into the department of
42 financial services, and provision shall be made for the transfer of all
43 employees from the consumer protection board to the department of state.
44 Employees so transferred shall be transferred without further examina-
45 tion or qualification to the same or similar titles and shall remain in
46 the same collective bargaining units and shall retain their respective
47 civil service classifications, status and rights pursuant to their
48 collective bargaining units and collective bargaining agreements.
49 § 110. No later than the effective date of this section, the director
50 of the budget shall notify the superintendent of the level of the
51 department's expenses that will be incurred for the fiscal year begin-
52 ning April first, two thousand eleven related to the department's regu-
53 lation and supervision of the state's banking and insurance industries.
54 Such notification shall separately detail the department's level of
55 expenses to be incurred with respect to the regulation and supervision
56 of the banking industry, the department's level of expenses to be
S. 2812--C 51 A. 4012--C
1 incurred for regulation and supervision of the insurance industry, and
2 the department's level of general expenses that are allocable to both
3 the insurance and banking industries. The superintendent shall subse-
4 quently employ the provisions of section seventeen of the banking law
5 and section three hundred thirty-two of the insurance law to assess the
6 department's incurred costs in order to appropriately charge persons or
7 entities that are licensed, registered, organized, authorized, incorpo-
8 rated or otherwise formed pursuant to the provisions of the banking law
9 or insurance law.
10 § 111. Coordination of services. In an effort to create greater cost
11 efficiencies and cost savings, the superintendent of financial services
12 shall coordinate administrative, clerical and human resource functions,
13 or any other resources and functions, including but not limited to
14 office space and materials and supplies in accordance with the transfer
15 of powers set forth in this act.
16 § 112. Provision for nomination of superintendent. Upon or prior to
17 the effective date of section one of this act, the governor shall nomi-
18 nate an individual to serve as superintendent of financial services. If
19 such individual is confirmed by the senate prior to such effective date,
20 he or she shall become the superintendent of financial services as of
21 the effective date of section one of this act. Any individual nominated
22 by the governor to become the first superintendent of financial services
23 may serve as acting superintendent beginning on such effective date,
24 until such time as a vote for confirmation is taken by the senate. No
25 individual nominated to serve as superintendent of financial services
26 shall serve as superintendent, or continue to serve as acting super-
27 intendent, if the senate has voted not to confirm such individual's
28 nomination.
29 § 113. Severability. If any clause, sentence, paragraph, section or
30 part of this act shall be adjudged by any court of competent jurisdic-
31 tion to be invalid, such judgment shall not affect, impair or invalidate
32 the remainder thereof, but shall be confined in its operation to the
33 clause, sentence, paragraph, section or part thereof directly involved
34 in the controversy in which such judgment shall have been rendered.
35 § 114. This act shall take effect April 1, 2011; provided, however,
36 that:
37 (a) sections one through fourteen, seventeen through nineteen, fifty-
38 six, sixty-three, sixty-seven, seventy-eight through eighty-five, nine-
39 ty, ninety-one through ninety-three, ninety-eight, one hundred four, one
40 hundred ten and one hundred eleven of this act shall take effect October
41 3, 2011, except that section 205-a of the financial services law as
42 added by section one of this act shall take effect immediately;
43 (b) sections fifteen and sixteen of this act shall take effect April
44 1, 2012;
45 (c) any officer or employee of the department of financial services
46 whose holdings as of the close of business on March 31, 2011 conflict
47 with section 501 of the financial services law, as added by section one
48 of this act, shall have until October 3, 2012 to dispose of non-conform-
49 ing holdings or otherwise bring such non-conforming holdings into
50 compliance with such section 501;
51 (d) the amendments to section 2803-s of the public health law made by
52 section forty-six of this act shall take effect on the same date and in
53 the same manner as chapter 539 of the laws of 2010, takes effect;
54 (e) section 205-b of the financial services law as added by section
55 one of this act shall expire October 3, 2016, when upon such date the
56 provisions of such section shall be deemed repealed;
S. 2812--C 52 A. 4012--C
1 (f) the amendments to subdivisions 3, 4, 5, 7, 8 and 9 of section 12-a
2 of the banking law made by section eighty-eight of this act shall not
3 affect the repeal of such section and shall be deemed repealed there-
4 with;
5 (g) the amendments to paragraph b of subdivision 19 of section 42 of
6 the banking law made by section ninety-seven of this act shall not
7 affect the repeal of such subdivision and shall be deemed repealed ther-
8 ewith;
9 (h) the memorandum provided for in section one hundred four may be
10 prepared before the effective date of such section, provided that it
11 shall not be implemented until such effective date; and
12 (i) whenever the term "superintendent of financial services" appears
13 in any provision of this act effective before October 3, 2011, it shall
14 refer to the superintendent of banks.
15 PART B
16 Intentionally omitted.
17 PART C
18 Section 1. This act enacts into law major components of legislation
19 which are necessary to implement the state fiscal plan for the 2011-2012
20 state fiscal year. Each component is wholly contained within a Subpart
21 identified as Subparts A and B. The effective date for each particular
22 provision contained within such Subpart is set forth in the last section
23 of such Subpart. Any provision in any section contained within a
24 Subpart, including the effective date of the Subpart, which makes a
25 reference to a section "of this act", when used in connection with that
26 particular component, shall be deemed to mean and refer to the corre-
27 sponding section of the Subpart in which it is found. Section three of
28 this act sets forth the general effective date of this act.
29 SUBPART A
30 Section 1. Legislative intent. In 1996, the legislature changed the
31 penal law to include as an express purpose of imprisonment, the
32 promotion of inmates' successful and productive reentry into society.
33 Toward this end, many new responsibilities have been placed on both
34 corrections officials and parole officials to ready inmates for their
35 release into the community such as: obtaining their birth certificates
36 and social security cards prior to release, preparing Medicaid applica-
37 tions as warranted, securing identification cards from the department of
38 motor vehicles, and providing them with voter registration forms. In
39 addition, transitional services programs have now become mandatory for
40 all inmates. Transition accountability plans will be developed for each
41 inmate, starting with their time in general confinement and culminating
42 with the inmate's successful reintegration into the community. Further-
43 more, direct linkages with local agencies have been greatly enhanced
44 with the creation of Re-entry Task Forces throughout the state.
45 As a result of the evolution of the sentencing structure and focus on
46 reentry the historical separation of the department of correctional
47 services and the division of parole is no longer warranted. In view of
48 the commonality of purpose governing the fundamental missions of both
49 agencies, a single new state agency should be created to oversee the
50 combined responsibilities of both and, in effect, provide for a seamless
S. 2812--C 53 A. 4012--C
1 network for the care, custody, treatment and supervision of a person,
2 from the day a sentence of state imprisonment commences, until the day
3 such person is discharged from supervision in the community. This not
4 only will enhance public safety by achieving better outcomes for the
5 greatest number of individuals being released from prison, but also will
6 allow for greater efficiencies and the elimination of duplicative
7 responsibilities, thus resulting in significant savings for the state.
8 However, it is not the intent of the legislature in enacting this
9 merger, to diminish in any way the significant roles corrections offi-
10 cers and parole officers serve in the criminal justice system, and it is
11 not to imply that they are interchangeable. The purpose of this legis-
12 lation is to recognize where the mission of both entities is similar and
13 that by combining the administrations of each, not only can fiscal effi-
14 ciencies be achieved but also that services can be provided on a contin-
15 uum rather than an abrupt transfer of responsibility.
16 It is fundamental that the board of parole retain its authority to
17 make release decisions based on the board members' independent judgment
18 and application of statutory criteria as well as decisions regarding
19 revocations of release. To this end, the legislation makes clear that
20 the board shall continue to exercise its independence when making such
21 decisions. The new agency's provision of administrative support will
22 not undermine the board's independent decision-making authority.
23 § 1-a. Subdivisions 1, 2 and 18 of section 2 of the correction law,
24 subdivisions 1 and 2 as separately amended by chapters 475 and 476 of
25 the laws of 1970 and subdivision 18 as amended by section 1 of part AAA
26 of chapter 56 of the laws of 2009, are amended and a new subdivision 31
27 is added to read as follows:
28 1. "Department" means the state department of [correctional services]
29 corrections and community supervision;
30 2. "Commissioner" means the state commissioner of [correctional
31 services] corrections and community supervision;
32 18. "Alcohol and substance abuse treatment correctional annex." A
33 medium security correctional facility consisting of one or more residen-
34 tial dormitories, which provide intensive alcohol and substance abuse
35 treatment services to inmates who: (i) are otherwise eligible for tempo-
36 rary release, or (ii) stand convicted of a felony defined in article two
37 hundred twenty or two hundred twenty-one of the penal law, and are with-
38 in six months of being an eligible inmate as that term is defined in
39 subdivision two of section eight hundred fifty-one of this chapter
40 including such inmates who are participating in such program pursuant to
41 subdivision six of section 60.04 of the penal law. Notwithstanding the
42 foregoing provisions of this subdivision, any inmate to be enrolled in
43 this program pursuant to subdivision six of section 60.04 of the penal
44 law shall be governed by the same rules and regulations promulgated by
45 the department, including without limitation those rules and regulations
46 establishing requirements for completion and those rules and regulations
47 governing discipline and removal from the program. No such period of
48 court ordered corrections based drug abuse treatment pursuant to this
49 subdivision shall be required to extend beyond the defendant's condi-
50 tional release date. Such treatment services may be provided by one or
51 more outside service providers pursuant to contractual agreements with
52 [both] the department [and the division of parole], provided, however,
53 that any such provider shall be required to continue to provide, either
54 directly or through formal or informal agreement with other providers,
55 alcohol and substance abuse treatment services to inmates who have
56 successfully participated in such provider's incarcerative treatment
S. 2812--C 54 A. 4012--C
1 services and who have been presumptively released, paroled [or], condi-
2 tionally released or released to post release supervision under the
3 supervision of the [division of parole] department and who are, as a
4 condition of [their parole or conditional] such release, required to
5 participate in alcohol or substance abuse treatment. Such incarcerative
6 services shall be provided in the facility in accordance with minimum
7 standards promulgated by the department after consultation with the
8 office of alcoholism and substance abuse services. Such services to
9 parolees shall be provided in accordance with standards promulgated by
10 the [division of parole] department after consultation with the office
11 of alcoholism and substance abuse services. Notwithstanding any other
12 provision of law, any person who has successfully completed no less than
13 six months of intensive alcohol and substance abuse treatment services
14 in one of the department's eight designated alcohol and substance abuse
15 treatment correctional annexes having a combined total capacity of two
16 thousand five hundred fifty beds may be transferred to a program oper-
17 ated by or at a residential treatment facility, provided however, that a
18 person under a determinate sentence as a second felony drug offender for
19 a class B felony offense defined in article two hundred twenty of the
20 penal law, who was sentenced pursuant to section 70.70 of such law,
21 shall not be eligible to be transferred to a program operated at a resi-
22 dential treatment facility until the time served under imprisonment for
23 his or her determinate sentence, including any jail time credited pursu-
24 ant to subdivision three of section 70.30 of the penal law, shall be at
25 least nine months. The commissioner shall report annually to the tempo-
26 rary president of the senate and the speaker of the assembly commencing
27 January first, [nineteen hundred ninety-two as to the efficacy of such
28 programs including but not limited to a comparative analysis of state-
29 operated and private sector provision of treatment services and recidiv-
30 ism. Such report shall also include] two thousand twelve the number of
31 inmates received by the department during the reporting period who are
32 subject to a sentence which includes enrollment in substance abuse
33 treatment in accordance with subdivision six of section 60.04 of the
34 penal law, the number of such inmates who are not placed in such treat-
35 ment program and the reasons for such occurrences.
36 31. "Community supervision" means the supervision of individuals
37 released into the community on temporary release, presumptive release,
38 parole, conditional release, post release supervision or medical parole.
39 § 2. Subdivision 18 of section 2 of the correction law, as amended by
40 chapter 738 of the laws of 2004, is amended to read as follows:
41 18. "Alcohol and substance abuse treatment correctional annex." A
42 medium security correctional facility consisting of one or more residen-
43 tial dormitories which provide intensive alcohol and substance abuse
44 treatment services to inmates who: (i) are otherwise eligible for tempo-
45 rary release, or (ii) stand convicted of a felony defined in article two
46 hundred twenty or two hundred twenty-one of the penal law, and are with-
47 in six months of being an eligible inmate as that term is defined in
48 subdivision two of section eight hundred fifty-one of this chapter
49 including such inmates who are participating in such program pursuant to
50 subdivision six of section 60.04 of the penal law. Notwithstanding the
51 foregoing provisions of this subdivision, any inmate to be enrolled in
52 this program pursuant to subdivision six of section 60.04 of the penal
53 law shall be governed by the same rules and regulations promulgated by
54 the department, including without limitation those rules and regulations
55 establishing requirements for completion and those rules and regulations
56 governing discipline and removal from the program. No such period of
S. 2812--C 55 A. 4012--C
1 court ordered corrections based drug abuse treatment pursuant to this
2 subdivision shall be required to extend beyond the defendant's condi-
3 tional release date. Such treatment services may be provided by one or
4 more outside service providers pursuant to contractual agreements with
5 [both] the department [and the division of parole], provided, however,
6 that any such provider shall be required to continue to provide, either
7 directly or through formal or informal agreement with other providers,
8 alcohol and substance abuse treatment services to inmates who have
9 successfully participated in such provider's incarcerative treatment
10 services and who have been presumptively released, paroled [or], condi-
11 tionally released or released to post release supervision under the
12 supervision of the [division of parole] department and who are, as a
13 condition of [their parole or conditional] such release, required to
14 participate in alcohol or substance abuse treatment. Such incarcerative
15 services shall be provided in the facility in accordance with minimum
16 standards promulgated by the department after consultation with the
17 office of alcoholism and substance abuse services. Such services to
18 parolees shall be provided in accordance with standards promulgated by
19 the [division of parole] department after consultation with the office
20 of alcoholism and substance abuse services. The commissioner shall
21 report annually to the majority leader of the senate and the speaker of
22 the assembly commencing January first, [nineteen hundred ninety-two as
23 to the efficacy of such programs including but not limited to a compar-
24 ative analysis of state-operated and private sector provision of treat-
25 ment services and recidivism. Such report shall also include] two thou-
26 sand twelve the number of inmates received by the department during the
27 reporting period who are subject to a sentence which includes enrollment
28 in substance abuse treatment in accordance with subdivision six of
29 section 60.04 of the penal law, the number of such inmates who are not
30 placed in such treatment program and the reasons for such occurrences.
31 § 3. The article heading of article 2 of the correction law, as
32 amended by chapter 475 of the laws of 1970, is amended to read as
33 follows:
34 DEPARTMENT OF [CORRECTIONAL SERVICES; STATE BOARD OF PAROLE]
35 CORRECTIONS AND
36 COMMUNITY SUPERVISION
37 § 4. Section 5 of the correction law, as added by chapter 475 of the
38 laws of 1970, subdivision 4 as added by chapter 547 of the laws of 1995,
39 subdivision 5 as added by chapter 448 of the laws of 2000 and subdivi-
40 sion 6 as added by chapter 7 of the laws of 2007, is amended to read as
41 follows:
42 § 5. Department of [correctional services] corrections and community
43 supervision; commissioner. 1. There shall be in the state government a
44 department of [correctional services] corrections and community super-
45 vision. The head of the department shall be the commissioner of [correc-
46 tional services] corrections and community supervision, who shall be
47 appointed by the governor, by and with the advice and consent of the
48 senate, and hold office at the pleasure of the governor by whom he was
49 appointed and until his successor is appointed and has qualified.
50 2. The commissioner of [correctional services] corrections and commu-
51 nity supervision shall be the chief executive officer of the department.
52 3. The principal office of the department of [correctional services]
53 corrections and community supervision shall be in the county of Albany.
54 4. The commissioner is hereby authorized and empowered to convert the
55 sentence of a person serving an indeterminate sentence of imprisonment,
56 except a person serving a sentence with a maximum term of life imprison-
S. 2812--C 56 A. 4012--C
1 ment, to a determinate sentence of imprisonment equal to two-thirds of
2 the maximum or aggregate maximum term imposed where such conversion is
3 necessary to make such person eligible for transfer either to federal
4 custody or to foreign countries under treaties that provide for the
5 voluntary transfer of such persons on the execution of penal sentences
6 entered into by the government of the United States with foreign coun-
7 tries.
8 5. The commissioner upon request, may in his or her discretion,
9 authorize the purchase and presentation of a flag of the state of New
10 York to the person designated to dispose of the remains of a deceased
11 correction officer or parole officer.
12 6. The commissioner shall have the discretion to enter into agreements
13 with the commissioner of mental health for the provision of security
14 services relating to article ten of the mental hygiene law.
15 § 5. Section 7 of the correction law, as amended by chapter 519 of the
16 laws of 1980, and subdivision 4 as added by chapter 35 of the laws of
17 1984, is amended to read as follows:
18 § 7. Organization of department of [correctional services] corrections
19 and community supervision; officers and employees; delegation by commis-
20 sioner. 1. The commissioner of [correctional services] corrections and
21 community supervision may, from time to time, create, abolish, transfer
22 and consolidate divisions, bureaus and other units within the department
23 not expressly established by law as he or she may determine necessary
24 for the efficient operation of the department, subject to the approval
25 of the director of the budget.
26 2. The commissioner of [correctional services] corrections and commu-
27 nity supervision may appoint such deputies, directors, assistants and
28 other officers and employees as may be needed for the performance of his
29 or her duties and may prescribe their powers and duties and fix their
30 compensation within the amounts appropriated therefor.
31 3. The commissioner may by order filed in the department of [correc-
32 tional services] corrections and community supervision delegate any of
33 his or her powers to or direct any of his or her duties to be performed
34 by a deputy commissioner or a head of a division or bureau of such
35 department.
36 4. The commissioner shall not appoint any person as a correction offi-
37 cer or parole officer, unless such person has attained his twenty-first
38 birthday.
39 § 6. Section 8 of the correction law, as added by chapter 887 of the
40 laws of 1983, subdivision 2 as amended by chapter 338 of the laws of
41 1984, subdivisions 3, 6, and 7 as amended by chapter 354 of the laws of
42 1986, and subdivision 4 as amended by chapter 205 of the laws of 2002,
43 is amended to read as follows:
44 § 8. Testing of certain applicants for employment. 1. Any applicant
45 for employment with the department as a correction officer at a facility
46 of the department, shall be tested in accordance with the requirements
47 of this section.
48 2. The department is hereby authorized to conduct, or to enter into
49 agreements necessary for conducting tests for psychological screening of
50 applicants covered by this section. Any such tests shall consist of at
51 least three independent psychological instruments and shall meet the
52 level of the art for psychological instruments to be used in a vali-
53 dation study developed for selection of such applicants. Such psycholog-
54 ical instruments shall be used in testing and selection of applicants
55 for positions referred to in subdivision one of this section. Persons
56 who have been determined by a psychologist licensed under the laws of
S. 2812--C 57 A. 4012--C
1 this state as suffering from psychotic disorders, serious character
2 disorders, or other disorders which could hinder performance on the job
3 may be deemed ineligible for appointment; provided, however, that other
4 components of the employee selection process may be taken into consider-
5 ation in reaching the determination as to whether a candidate is deemed
6 eligible or ineligible for certification to a list of eligible candi-
7 dates. The department's testing program shall include a component
8 consisting of criteria related validity studies or other validity
9 studies acceptable under relevant federal law governing equal employ-
10 ment.
11 3. The commissioner or his or her designee shall advise those candi-
12 dates who have been deemed ineligible for appointment through psycholog-
13 ical screening and shall notify such persons of their right to appeal
14 their disqualification. A person so deemed may apply to the commissioner
15 for a review of the findings within thirty days of the date of notifica-
16 tion. The commissioner shall refer the matter to an independent advi-
17 sory board to review any recommendation. A copy of the advisory board's
18 recommendations shall be promptly forwarded to the parties and to the
19 commissioner. If the advisory board's recommendation is rejected by the
20 commissioner, wholly or in part, the commissioner shall state his or her
21 reasons for such rejection in writing.
22 4. The advisory board shall consist of three members who shall be
23 selected by the president of the civil service commission. The member-
24 ship of the board shall consist of: A psychologist[,] and a psychia-
25 trist, both of whom shall be licensed under the laws of this state, and
26 a third member who shall be a representative of the department of civil
27 service. The department of civil service shall maintain a list of alter-
28 nate board members comprised of psychologists and psychiatrists,
29 licensed under the laws of this state, and representatives nominated by
30 the president of the civil service commission, who shall sit on the
31 advisory board in the event a designated member is unable to serve,
32 provided, however, that at all times the advisory board must be
33 comprised of a psychiatrist, a psychologist and a representative of the
34 department of civil service. Each of the members of the advisory board
35 and their alternates so selected shall serve at the pleasure of the
36 president of the civil service commission. Each of the members and
37 alternates so selected shall be reimbursed for services and actual costs
38 at a per diem rate not to exceed nine hundred dollars for the psychia-
39 trist, seven hundred dollars for the psychologist and six hundred
40 dollars for the representative of the civil service department;
41 provided, however, that if any member of or alternate to the advisory
42 board is an employee of the state of New York, then such representative
43 shall only receive reimbursement for actual costs incurred.
44 5. The commissioner or his or her designee shall advise the department
45 of civil service of those persons who have been determined under this
46 section as being eligible for appointment from any list of eligible
47 candidates.
48 6. Notwithstanding any other provision of law, the results of the
49 tests administered pursuant to this section shall be used solely for the
50 qualification of a candidate for correction officer and the validation
51 of the psychological instruments utilized. For all other purposes, the
52 results of the examination shall be confidential and the records sealed
53 by the department of [correctional services] corrections and community
54 supervision, and not be available to any other agency or person except
55 by authorization of the applicant or, upon written notice by order of a
56 court of this state or the United States.
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1 7. Prior to March first of each year, the commissioner of the depart-
2 ment of [correctional services] corrections and community supervision
3 will report to the governor, president of the senate and speaker of the
4 assembly on the conduct of the psychological testing program and the
5 results of such program in improving the quality of correction officer
6 candidates.
7 § 7. Intentionally omitted.
8 § 8. The correction law is amended by adding a new section 10 to read
9 as follows:
10 § 10. Parole officers. 1. Employees in the department who perform the
11 duties of supervising inmates released on community supervision shall be
12 parole officers.
13 2. No person shall be eligible for the position of parole officer who
14 is under twenty-one years of age or who does not possess a baccalaureate
15 degree conferred by a post-secondary institution accredited by an
16 accrediting agency recognized by the United States office of education,
17 or who is not fit physically, mentally and morally. Parole officer
18 selection shall be based on definite qualifications as to character,
19 ability and training with an emphasis on capacity and ability to provide
20 a balanced approach to influencing human behavior and to use judgment in
21 the enforcement of the rules and regulations of community supervision.
22 Parole officers shall be persons likely to exercise a strong and helpful
23 influence upon persons placed under their supervision while retaining
24 the goal of protecting society.
25 3. The commissioner, acting in cooperation with the civil service
26 commission, shall establish standards, preliminary requisites and requi-
27 sites to govern the selection and appointment of parole officers.
28 4. A parole or warrant officer, in performing or in attempting to
29 perform an arrest pursuant to and in conformance with the provisions of
30 article one hundred forty of the criminal procedure law, shall be deemed
31 to have performed such actions, relating to such arrest, in the course
32 of employment in the department for purposes of disability or death from
33 any injuries arising therefrom. The provisions of this subdivision shall
34 apply whether or not such parole or warrant officer was on duty for the
35 department at the time of performing such actions or performed such
36 actions outside of his or her regular or usual duties within the depart-
37 ment.
38 § 9. Intentionally omitted.
39 § 10. Section 18 of the correction law, as amended by chapter 708 of
40 the laws of 1984 and subdivision 1 as amended by chapter 306 of the laws
41 of 1985, is amended to read as follows:
42 § 18. Superintendents of correctional facilities. 1. Each correction-
43 al facility shall have a superintendent who shall be appointed by the
44 commissioner [of correctional services]. Each such superintendent shall
45 be in the non-competitive-confidential class but shall be appointed from
46 employees of the department who have at least three years of experience
47 in correctional work in the department and (i) who have a permanent
48 civil service appointment of salary grade twenty-seven or higher or who
49 have a salary equivalent to a salary grade of twenty-seven or higher for
50 correctional facilities with an inmate population capacity of four
51 hundred or more inmates, or (ii) who have a permanent civil service
52 appointment of salary grade twenty-three or higher or who have a salary
53 equivalent to a salary grade of twenty-three or higher for correctional
54 facilities with an inmate population capacity of fewer than four hundred
55 inmates; provided that for correctional facilities of either capacity,
56 the employee shall be appointed superintendent at the hiring rate set
S. 2812--C 59 A. 4012--C
1 forth in section nineteen of this article or such other rate as may be
2 appropriate, subject to the approval of the director of the budget;
3 provided that in no event shall the salary upon appointment exceed the
4 job rate. Such superintendents shall serve at the pleasure of the
5 commissioner and shall have such other qualifications as may be
6 prescribed by the commissioner [of correctional services], based on
7 differences in duties, levels of responsibility, size and character of
8 the correctional facility, knowledge, skills and abilities required, and
9 other factors affecting the position.
10 2. Subject to the rules and statutory powers of the commissioner [of
11 correctional services], or rules approved by him or her, the superinten-
12 dent of a correctional facility shall have the supervision and manage-
13 ment thereof.
14 3. Subject to the direction of the commissioner [of correctional
15 services], and of the deputy and assistant commissioners in their
16 respective fields of supervision, the superintendent of a correctional
17 facility shall direct the work and define the duties of all officers and
18 subordinates of the facility.
19 § 11. Subdivision 1 of section 24 of the correction law, as added by
20 chapter 283 of the laws of 1972, is amended to read as follows:
21 1. No civil action shall be brought in any court of the state, except
22 by the attorney general on behalf of the state, against any officer or
23 employee of the department, which for purposes of this section shall
24 include members of the state board of parole, in his or her personal
25 capacity, for damages arising out of any act done or the failure to
26 perform any act within the scope of the employment and in the discharge
27 of the duties by such officer or employee.
28 § 12. Section 29 of the correction law, as added by chapter 654 of the
29 laws of 1974, subdivision 1 as amended by chapter 598 of the laws of
30 1990 and subdivision 4 as amended by section 1 of part R of chapter 56
31 of the laws of 2005, is amended to read as follows:
32 § 29. Department statistics. 1. The department shall continue to
33 collect, maintain, and analyze statistical and other information and
34 data with respect to persons subject to the jurisdiction of the depart-
35 ment, including but not limited to: (a) the number of such persons:
36 placed in the custody of the department, assigned to a specific depart-
37 ment program, accorded [temporary release, paroled or conditionally
38 released, paroled or conditionally released] community supervision and
39 declared delinquent, recommitted to a state correctional institution
40 upon revocation of [parole or conditional release] community
41 supervision, or [discharge] discharged upon maximum expiration of
42 sentence; (b) the criminal history of such persons; (c) the social,
43 educational, and vocational circumstances of any such persons; and, (d)
44 the institutional[, parole and conditional release] and community super-
45 vision programs and the behavior of such persons. Provided, however, in
46 the event any statistical information on the ethnic background of the
47 inmate population of a correctional facility or facilities is collected
48 by the department, such statistical information shall contain, but not
49 be limited to, the following ethnic categories: (i) Caucasian; (ii)
50 Asian; (iii) American Indian; (iv) Afro-American/Black; and (v) Spanish
51 speaking/Hispanic which category shall include, but not be limited to,
52 the following subcategories consisting of: (1) Puerto Ricans; (2)
53 Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
54 2. The commissioner [of correctional services] shall make rules as to
55 the privacy of records, statistics and other information collected,
56 obtained and maintained by the department, its institutions or the board
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1 of parole and information obtained in an official capacity by officers,
2 employees or members thereof.
3 3. The commissioner [of correctional services] shall have access to
4 records and criminal statistics collected by the division of criminal
5 justice services and the commissioner of criminal justice services shall
6 have access to records and criminal statistics collected by the depart-
7 ment of [correctional services] corrections and community supervision,
8 as the [commissioners] commissioner of [correctional services]
9 corrections and community supervision and the commissioner of criminal
10 justice services shall mutually determine.
11 4. The commissioner [of the department of correctional services] shall
12 provide an annual report to the legislature on the staffing of
13 correction officers and correction sergeants in state correctional
14 facilities. Such report shall include, but not be limited to the follow-
15 ing factors: the number of security posts on the current plot plan for
16 each facility that have been closed on a daily basis, by correctional
17 facility security classification (minimum, medium and maximum); the
18 number of security positions eliminated by correctional facility since
19 two thousand compared to the number of inmates incarcerated in each such
20 facility; a breakdown by correctional facility security classification
21 (minimum, medium, and maximum) of the staff hours of overtime worked, by
22 year since two thousand and the annual aggregate costs related to this
23 overtime. In addition, such report shall be delineated by correctional
24 facility security classification, the annual number of security posi-
25 tions eliminated, the number of closed posts and amount of staff hours
26 of overtime accrued as well as the overall overtime expenditures that
27 resulted. Such report shall be provided to the chairs of the senate
28 finance, assembly ways and means, senate crime and corrections and
29 assembly correction committees by December thirty-first.
30 § 13. Subdivision 3 of section 40 of the correction law, as amended by
31 chapter 309 of the laws of 1996, is amended to read as follows:
32 3. "Correctional facility" means any institution operated by the state
33 department of [correctional services] corrections and community super-
34 vision, any local correctional facility, or any place used, pursuant to
35 a contract with the state or a municipality, for the detention of
36 persons charged with or convicted of a crime, or, for the purpose of
37 this article only, a secure facility operated by the [state division for
38 youth] office of children and family services.
39 § 14. Paragraph 5 of subdivision (a) of section 42 of the correction
40 law, as added by chapter 865 of the laws of 1975, is amended to read as
41 follows:
42 5. No appointed member of the council shall qualify or enter upon the
43 duties of his office, or remain therein, while he is an officer or
44 employee of the department of [correctional services] corrections and
45 community supervision or any correctional facility or is in a position
46 where he exercises administrative supervision over any correctional
47 facility. The council shall have such staff as shall be necessary to
48 assist it in the performance of its duties within the amount of the
49 appropriation therefor as determined by the chairman of the commission.
50 § 15. Subdivision 4 of section 45 of the correction law, as added by
51 chapter 865 of the laws of 1975, is amended to read as follows:
52 4. Establish procedures to assure effective investigation of griev-
53 ances of, and conditions affecting, inmates of local correctional facil-
54 ities. Such procedures shall include but not be limited to receipt of
55 written complaints, interviews of persons, and on-site monitoring of
56 conditions. In addition, the commission shall establish procedures for
S. 2812--C 61 A. 4012--C
1 the speedy and impartial review of grievances referred to it by the
2 commissioner of the department of [correctional services] corrections
3 and community supervision.
4 § 16. The opening paragraph of paragraph (a) of subdivision 8 of
5 section 71 of the correction law, as amended by chapter 508 of the laws
6 of 2010, is amended to read as follows:
7 In each year in which the federal decennial census is taken but in
8 which the United States bureau of the census does not implement a policy
9 of reporting incarcerated persons at each such person's residential
10 address prior to incarceration, the department of [correctional
11 services] corrections and community supervision shall by September first
12 of that same year deliver to the legislative task force on demographic
13 research and reapportionment the following information for each incar-
14 cerated person subject to the jurisdiction of the department and located
15 in this state on the date for which the decennial census reports popu-
16 lation:
17 § 16-a. The correction law is amended by adding a new section 71-a to
18 read as follows:
19 § 71-a. Transitional accountability plan. Upon admission of an inmate
20 committed to the custody of the department under an indeterminate or
21 determinate sentence of imprisonment, the department shall develop a
22 transitional accountability plan. Such plan shall be a comprehensive,
23 dynamic and individualized case management plan based on the programming
24 and treatment needs of the inmate. The purpose of such plan shall be to
25 promote the rehabilitation of the inmate and their successful and
26 productive reentry and reintegration into society upon release. To that
27 end, such plan shall be used to prioritize programming and treatment
28 services for the inmate during incarceration and any period of community
29 supervision. The commissioner may consult with the office of mental
30 health, the office of alcoholism and substance abuse services, the board
31 of parole, the department of health, and other appropriate agencies in
32 the development of transitional case management plans.
33 § 17. Subdivision 2 of section 72-b of the correction law, as added by
34 section 48 of part B of chapter 58 of the laws of 2004, is amended to
35 read as follows:
36 2. No inmate about to be paroled, conditionally released, transferred,
37 released or discharged shall be referred to any adult home, enriched
38 housing program or residence for adults, as defined in section two of
39 the social services law, where the department of [correctional services
40 or state division of parole] corrections and community supervision has
41 received written notice that the facility has been placed on the "do not
42 refer list" pursuant to subdivision fifteen of section four hundred
43 sixty-d of the social services law.
44 § 18. Section 75 of the correction law, as added by section 8 of part
45 OO of chapter 56 of the laws of 2010, is amended to read as follows:
46 § 75. Notice of voting rights. Upon the discharge from a correctional
47 facility of any person whose maximum sentence of imprisonment has
48 expired or upon a person's discharge from community supervision, the
49 department shall notify such person of his or her right to vote and
50 provide such person with a form of application for voter registration
51 together with written information distributed by the board of elections
52 on the importance and the mechanics of voting.
53 § 19. Section 112 of the correction law, as amended by chapter 476 of
54 the laws of 1970, is amended to read as follows:
55 § 112. Powers and duties of commissioner [of correction] relating to
56 correctional facilities and community supervision. 1. The commissioner
S. 2812--C 62 A. 4012--C
1 of [correction] corrections and community supervision shall have the
2 superintendence, management and control of the correctional facilities
3 in the department and of the inmates confined therein, and of all
4 matters relating to the government, discipline, policing, contracts and
5 fiscal concerns thereof. He or she shall have the power and it shall be
6 his or her duty to inquire into all matters connected with said correc-
7 tional facilities. He or she shall make such rules and regulations, not
8 in conflict with the statutes of this state, for the government of the
9 officers and other employees of the department assigned to said facili-
10 ties, and in regard to the duties to be performed by them, and for the
11 government and discipline of each correctional facility, as he or she
12 may deem proper, and shall cause such rules and regulations to be
13 recorded by the superintendent of the facility, and a copy thereof to be
14 furnished to each employee assigned to the facility. He or she shall
15 also prescribe a system of accounts and records to be kept at each
16 correctional facility, which system shall be uniform at all of said
17 facilities, and he or she shall also make rules and regulations for a
18 record of photographs and other means of identifying each inmate
19 received into said facilities. He or she shall appoint and remove,
20 subject to the civil service law and rules, subordinate officers and
21 other employees of the department who are assigned to correctional
22 facilities.
23 2. The commissioner shall have the management and control of persons
24 released on community supervision and of all matters relating to such
25 persons' effective reentry into the community, as well as all contracts
26 and fiscal concerns thereof. The commissioner shall have the power and
27 it shall be his or her duty to inquire into all matters connected with
28 said community supervision. The commissioner shall make such rules and
29 regulations, not in conflict with the statutes of this state, for the
30 governance of the officers and other employees of the department
31 assigned to said community supervision, and in regard to the duties to
32 be performed by them, as he or she deems proper and shall cause such
33 rules and regulations to be furnished to each employee assigned to
34 perform community supervision. The commissioner shall also prescribe a
35 system of accounts and records to be kept, which shall be uniform. The
36 commissioner shall also make rules and regulations for a record of
37 photographs and other means of identifying each inmate released to
38 community supervision. The commissioner shall appoint officers and other
39 employees of the department who are assigned to perform community super-
40 vision.
41 3. The commissioner [of correction] may require reports from the
42 superintendent or any other officer or employee of the department
43 assigned to any correctional facility or to perform community super-
44 vision in relation to his or her conduct as such officer or employee,
45 and shall have the power to inquire into any improper conduct which may
46 be alleged to have been committed by any person at any correctional
47 facility or in the course of his or her performance of community super-
48 vision, and for that purpose to issue subpoenas to compel the attendance
49 of witnesses, and the production before him or her of books, writings
50 and papers. A subpoena issued under this section shall be regulated by
51 the civil practice law and rules. [The commissioner of correction is
52 authorized and empowered to lease the railroad, constructed under and by
53 the authority of the laws of eighteen hundred and seventy-eight, chapter
54 one hundred and forty-eight, for such term of years and upon such terms
55 and conditions as shall be approved of, in writing, by the governor and
56 comptroller of this state.]
S. 2812--C 63 A. 4012--C
1 4. The commissioner and the chair of the parole board shall work
2 jointly to develop and implement, as soon as practicable, a risk and
3 needs assessment instrument or instruments, which shall be empirically
4 validated, that would be administered to inmates upon reception into a
5 correctional facility, and throughout their incarceration and release to
6 community supervision, to facilitate appropriate programming both during
7 an inmate's incarceration and community supervision, and designed to
8 facilitate the successful integration of inmates into the community.
9 § 20. Section 113 of the correction law, as amended by chapter 145 of
10 the laws of 1979, is amended to read as follows:
11 § 113. Absence of inmate for funeral and deathbed visits [or to report
12 at an induction center for preinduction examination] authorized. The
13 commissioner [of correctional services] may permit any inmate confined
14 by the department except one awaiting the sentence of death to attend
15 the funeral of his or her father, mother, guardian or former guardian,
16 child, brother, sister, husband, wife, grandparent, grandchild, ances-
17 tral uncle or ancestral aunt within the state, or to visit such individ-
18 ual during his or her illness if death be imminent [or to report to an
19 induction center for the purpose of being examined for possible
20 induction into the armed forces of the United States]; but the exercise
21 of such power shall be subject to such rules and regulations as the
22 commissioner [of correctional services] shall prescribe, respecting the
23 granting of such permission, duration of absence from the institution,
24 custody, transportation and care of the inmate, and guarding against
25 escape. Any expense incurred under the provisions of this section, with
26 respect to any inmate permitted to attend a funeral or visit a relative
27 during last illness, shall be deemed an expense of maintenance of the
28 institution and be paid from moneys available therefor; but the super-
29 intendent, if the rules and regulations of the commissioner [of correc-
30 tional services] shall so provide, may allow the inmate or anyone in his
31 behalf to reimburse the state for such expense. [Any expense of custo-
32 dial officers incurred in delivering and returning inmates to and from
33 an induction center shall be deemed an expense of the institution and be
34 paid from moneys available therefor but expenses of such inmates shall
35 not be defrayed by the institution or department or the state.]
36 § 21. Subdivision 2 of section 125 of the correction law, as amended
37 by chapter 55 of the laws of 1992, is amended to read as follows:
38 2. The superintendent of each of said facilities shall furnish to each
39 inmate who shall be discharged or released from said facility by pardon,
40 parole, conditional release or otherwise, except such inmates as are
41 released for return for resentence or new trial or upon a certificate of
42 reasonable doubt, and except such inmates who are released to partic-
43 ipate in a program outside the facility who are required to return to
44 the facility, suitable clothing adapted to the season in which he or she
45 is discharged not to exceed sixty-five dollars in value and transporta-
46 tion to the county of his or her conviction or to such other place as
47 the commissioner [of correctional services] may designate. In addition,
48 the commissioner shall take such steps as are necessary to ensure that
49 inmates have at least forty dollars available upon release.
50 § 22. Subdivision 6 of section 138 of the correction law, as added by
51 chapter 231 of the laws of 1975, is amended to read as follows:
52 6. All rules and regulations pertaining to inmates established by the
53 department of [correctional services] corrections and community super-
54 vision and all rules and regulations pertaining to inmates established
55 by any institutional staff at any state correctional facility shall be
S. 2812--C 64 A. 4012--C
1 reviewed annually by the commissioner of the department of [correctional
2 services] corrections and community supervision.
3 § 23. Subdivision 1 of section 170 of the correction law, as amended
4 by chapter 166 of the laws of 1991, is amended to read as follows:
5 1. The commissioner [of correctional services] shall not, nor shall
6 any other authority whatsoever, make any contract by which the labor or
7 time of any inmate in any state or local correctional facility in this
8 state, or the product or profit of his work, shall be contracted, let,
9 farmed out, given or sold to any person, firm, association or corpo-
10 ration; except that the inmates in said correctional institutions may
11 work for, and the products of their labor may be disposed of to, the
12 state or any political subdivision thereof, any public institution owned
13 or managed and controlled by the state, or any political subdivision
14 thereof.
15 § 24. Subdivision 1 of section 171 of the correction law, as amended
16 by chapter 364 of the laws of 1983, is amended to read as follows:
17 1. The commissioner [of correctional services] and the superintendents
18 and officials of all penitentiaries in the state may cause inmates in
19 the state correctional facilities and such penitentiaries who are phys-
20 ically capable thereof to be employed for not to exceed eight hours of
21 each day other than Sundays and public holidays. Notwithstanding any
22 other provision of this section, however, the commissioner and super-
23 intendents of state correctional facilities may employ inmates on a
24 volunteer basis on Sundays and public holidays in specialized areas of
25 the facility, including kitchen areas, vehicular garages, rubbish pickup
26 and grounds maintenance, providing, however, that inmates so employed
27 shall be allowed an alternative free day within the normal work week.
28 § 25. Subdivision 3 of section 177 of the correction law, as amended
29 by chapter 166 of the laws of 1991, is amended to read as follows:
30 3. However, for the purpose of distributing, marketing or sale of the
31 whole or any part of the product of any correctional facility in the
32 state, other than by said state correctional facilities, to the state or
33 to any political subdivisions thereof or to any public institutions
34 owned or managed and controlled by the state, or by any political subdi-
35 visions thereof, or to any public corporation, authority, or eleemosy-
36 nary association funded in whole or in part by any federal, state or
37 local funds, the sheriff of any such local correctional facility and the
38 commissioner of [correctional services] corrections and community super-
39 vision may enter into a contract or contracts which may determine the
40 kinds and qualities of articles to be produced by such institution and
41 the method of distribution and sale thereof by the commissioner of
42 [correctional services] corrections and community supervision or under
43 his or her direction, either in separate lots or in combination with the
44 products of other such institutions and with the products produced by
45 inmates in state correctional facilities. Such contracts may fix and
46 determine any and all terms and conditions for the disposition of such
47 products and the disposition of proceeds of sale thereof and any and all
48 other terms and conditions as may be agreed upon, not inconsistent with
49 the constitution. However, no such contract shall be for a period of
50 more than one year and any prices fixed by such contract shall be the
51 prices established pursuant to section one hundred eighty-six of this
52 article for like articles or shall be approved by the department of
53 [correctional services] corrections and community supervision and the
54 director of the budget on presentation to them of a copy of such
55 contract or proposed contract, and provided further that any distrib-
56 ution or diversification of industries provided for by such contract
S. 2812--C 65 A. 4012--C
1 shall be in accordance with the rules and regulations established by the
2 department of [correctional services] corrections and community super-
3 vision or shall be approved by such department on presentation to it of
4 a copy of such contract or proposed contract.
5 § 26. Subdivision 1 of section 183 of the correction law, as amended
6 by chapter 464 of the laws of 1981, is amended to read as follows:
7 1. It shall be the duty of the commissioner [of correctional services]
8 to distribute, among the correctional institutions under his jurisdic-
9 tion, the labor and industries assigned to said institutions, due regard
10 being had to the location and convenience of the prisons, and of the
11 other institutions to be supplied, the machinery now therein and the
12 number of prisoners, in order to secure the best service and distrib-
13 ution of the labor, and to employ the prisoners, so far as practicable,
14 in occupations in which they will be most likely to obtain employment
15 after their discharge from imprisonment. The commissioner [of correc-
16 tional services] shall change or dispose of the present plants and
17 machinery in said institutions now used in industries which shall be
18 discontinued, and which can not be used in the industries hereafter to
19 be carried on in said prisons, due effort to be made by full notice to
20 probable purchasers, in case of sales of industries or machinery, to
21 obtain the best price possible for the property sold, and good will of
22 the business to be discontinued.
23 § 27. Subdivision 2 of section 184 of the correction law, as amended
24 by chapter 166 of the laws of 1991, is amended to read as follows:
25 2. All such articles manufactured or prepared in the state correction-
26 al facilities, or by inmates, and not required for use therein, shall be
27 of the styles, patterns, designs and qualities fixed by the department
28 of [correctional services] corrections and community supervision, except
29 where the same have been or may be fixed by the office of general
30 services in the executive department. Such articles may be furnished to
31 the state, or to any political subdivision thereof, or for or to any
32 public institution owned or managed and controlled by the state, or any
33 political subdivision thereof, government of the United States or to any
34 state of the United States or subdivision thereof or to any public
35 corporation, authority, or eleemosynary association funded in whole or
36 in part by any federal, state or local funds, at and for such prices as
37 shall be fixed and determined as hereinafter provided, upon the requi-
38 sitions of the proper officials thereof. No article so manufactured or
39 prepared shall be purchased from any other source, for the state or
40 public institutions of the state, or the political subdivisions thereof,
41 or public benefit corporations, authorities or commissions, unless the
42 commissioner of [correctional services] corrections and community super-
43 vision shall certify that the same can not be furnished upon such requi-
44 sition, and no claim therefor shall be audited or paid without such
45 certificate.
46 § 28. Section 185 of the correction law, as amended by chapter 166 of
47 the laws of 1991, is amended to read as follows:
48 § 185. Estimates of articles required to be furnished. On or before
49 July first in each year, the proper officials of the state, and the
50 political subdivisions thereof, and of the institutions of the state, or
51 political subdivisions thereof, shall report to the department of
52 [correctional services] corrections and community supervision estimates
53 for the ensuing year of the amount of supplies of different kinds
54 required to be purchased by them that can be furnished by the correc-
55 tional facilities in the state. The commissioner of [correctional
56 services] corrections and community supervision is authorized to make
S. 2812--C 66 A. 4012--C
1 regulations for said reports, to provide for the manner in which requi-
2 sitions shall be made for supplies, and to provide for the proper diver-
3 sification of the industries in the correctional facilities.
4 § 29. Subdivision 2 of section 186 of the correction law, as amended
5 by chapter 166 of the laws of 1991, is amended to read as follows:
6 2. The prices established by the commissioner shall be based upon
7 costs as determined pursuant to this subdivision, but shall not exceed a
8 reasonable fair market price determined at or within ninety days before
9 the time of sale. Fair market price as used herein means the price at
10 which a vendor of the same or similar product or service who is regular-
11 ly engaged in the business of selling such product or service offers to
12 sell such a product or service under similar terms in the same market.
13 However, the price established by the commissioner for license plates
14 sold to the New York state department of motor vehicles shall in no
15 event exceed an amount approved by the director of the budget.
16 First instance appropriations to the department of [correctional
17 services] corrections and community supervision for correctional indus-
18 tries shall be reimbursed pursuant to an agreement with the director of
19 the budget. In the absence of a first instance appropriation, costs
20 shall be determined in accordance with an agreement between the commis-
21 sioner of [correctional services] corrections and community supervision
22 and the director of the budget. Any such agreement shall include, among
23 other provisions deemed necessary by the budget director for the
24 purposes of enabling programmatic overview and fiscal controls, one or
25 more methodologies for the determination of costs attributable to
26 correctional industries or to any product manufactured in the insti-
27 tutions of the department or distributed, marketed or sold by the
28 commissioner pursuant to this section, section one hundred seventy-seven
29 of this article or section one hundred seventy-five of the state finance
30 law.
31 § 30. Section 187 of the correction law, as amended by chapter 166 of
32 the laws of 1991, is amended to read as follows:
33 § 187. Earnings of inmates. 1. Every inmate confined in a state
34 correctional facility, subject to the rules and regulations of the
35 department of [correctional services] corrections and community super-
36 vision, and every inmate confined in a local correctional facility, in
37 the discretion of the sheriff thereof, may receive compensation for work
38 performed during his or her imprisonment. Such compensation shall be
39 graded by the department of [correctional services] corrections and
40 community supervision with regard to inmates employed in prison indus-
41 tries, based upon the work performed by such prisoners for prisoners
42 confined in state correctional facilities, and by the sheriffs in all
43 local correctional facilities for inmates confined therein.
44 2. The department of [correctional services] corrections and community
45 supervision shall adopt rules, subject to the approval of the director
46 of the budget, for establishing in all of the state correctional facili-
47 ties a system of compensation for the inmates confined therein. Such
48 rules shall provide for the payment of compensation to each inmate, who
49 shall meet the requirements established by the department of [correc-
50 tional services] corrections and community supervision, based upon the
51 work performed by such inmates.
52 3. The department shall prepare graded wage schedules for inmates,
53 which [schedule] schedules shall be based upon classifications according
54 to the value of work performed by each. Such schedules need not be
55 uniform in all institutions. The rules of the department shall also
56 provide for the establishment of a credit system for each inmate and the
S. 2812--C 67 A. 4012--C
1 manner in which such earnings shall be paid to the inmate or his or her
2 dependents or held in trust for him or her until his or her release.
3 4. Any compensation paid to an inmate under this article shall be
4 based on the work performed by such inmate. Compensation may be paid
5 from moneys appropriated to the department and available to facilities
6 for nonpersonal service.
7 § 31. Section 198 of the correction law, as added by chapter 240 of
8 the laws of 1974, is amended to read as follows:
9 § 198. Inmate occupational therapy fund. 1. The commissioner of
10 [correctional services] corrections and community supervision may
11 authorize the superintendent or director of any correctional institution
12 to establish an inmate occupational therapy fund for the receipt of
13 proceeds from a product sold, as authorized by section one hundred nine-
14 ty-seven of this article, by one or more inmates as incident to an
15 avocational or vocational project approved by the commissioner, includ-
16 ing but not limited to, art, music, drama, handicraft, or sports.
17 2. Pursuant to rules, regulations or directions of the commissioner,
18 moneys of the fund may: (a) be made available to the superintendent or
19 director to be used for the general benefit of the inmates of the
20 correctional institution wherein the product was produced, including but
21 not limited to, furnishing materials and supplies to an inmate or
22 inmates for an avocational or vocational project and the transporting of
23 a product thereof for sale, display or otherwise and for recreational
24 activities; or (b) be disbursed as follows: (i) an amount equal to the
25 proceeds from the sale of a product produced by one inmate may be depos-
26 ited to the account of such inmate pursuant to section one hundred
27 sixteen of [the correction law] this chapter; or (ii) an amount equal to
28 the proceeds from the sale of a product produced by two or more inmates
29 may be divided equally among such inmates and deposited to their respec-
30 tive accounts pursuant to section one hundred sixteen of [the correction
31 law] this chapter.
32 3. In determining the amount of the proceeds from a sale of a product
33 that may be deposited to the account of an inmate, the commissioner [of
34 correctional services] may provide for the deduction from the sum of the
35 proceeds the reasonable expenses of the department of [correctional
36 services] corrections and community supervision incident to the sale,
37 including but not limited to, the value of materials and supplies for
38 the production of the product supplied without financial charge to the
39 inmate and the expenses of transporting the product for sale or display
40 or otherwise.
41 § 32. The correction law is amended by adding a new article 8 to read
42 as follows:
43 ARTICLE 8
44 COMMUNITY SUPERVISION
45 Section 201. Authority and responsibility for community supervision.
46 203. Regulations for release of certain sex offenders.
47 205. Merit termination of sentence and discharge from presump-
48 tive release, parole, conditional release and release to
49 post-release supervision.
50 206. Applications for presumptive release or conditional
51 release.
52 207. Cooperation.
53 208. Deputization of out-of-state officers.
54 § 201. Authority and responsibility for community supervision. 1. The
55 department shall have responsibility for the preparation of reports and
S. 2812--C 68 A. 4012--C
1 other data required by the state board of parole in the exercise of its
2 independent decision making functions.
3 2. In accordance with the provisions of this chapter, the department
4 shall supervise inmates released to community supervision, except that
5 the department may consent to the supervision of a released inmate by
6 the United States parole commission pursuant to the witness security act
7 of nineteen hundred eighty-four.
8 3. To facilitate the supervision of all inmates released to community
9 supervision, the commissioner shall consider the implementation of a
10 program of graduated sanctions, including but not limited to the utili-
11 zation of a risk and needs assessment instrument that would be adminis-
12 tered to all inmates eligible for community supervision. Such a program
13 would include various components including approaches that concentrate
14 supervision on new releases, alternatives to incarceration for technical
15 parole violators and the use of enhanced technologies.
16 4. The department shall conduct such investigations as may be neces-
17 sary in connection with alleged violations of community supervision.
18 5. The department shall assist inmates eligible for community super-
19 vision and inmates who are on community supervision to secure employ-
20 ment, educational or vocational training, and housing.
21 6. The department shall have the duty to provide written notice to
22 inmates prior to release to community supervision or pursuant to subdi-
23 vision six of section 410.91 of the criminal procedure law of any
24 requirement to report to the office of victim services any funds of a
25 convicted person as defined in section six hundred thirty-two-a of the
26 executive law, the procedure for such reporting and any potential penal-
27 ty for a failure to comply.
28 7. The department shall encourage apprenticeship training of such
29 persons through the assistance and cooperation of industrial, commercial
30 and labor organizations.
31 8. The department may establish a community supervision transition
32 program, which is hereby defined as community-based residential facili-
33 ties designed to aid community supervision violators to develop an
34 increased capacity for adjustment to community living. Presumptive
35 releasees, parolees, conditional releasees and those under post-release
36 supervision who have either (a) been found pursuant to article twelve-B
37 of the executive law to have violated one or more conditions of release
38 in an important respect, or (b) allegedly violated one or more of such
39 conditions upon a finding of probable cause at a preliminary hearing or
40 upon the waiver thereof may be placed in a community supervision transi-
41 tion facility. Placement in such a facility upon a finding of probable
42 cause or the waiver thereof shall not preclude the conduct of a revoca-
43 tion hearing, nor, absent a waiver, operate to deny the releasee's right
44 to such revocation hearing.
45 9. (a) The department shall collect a fee of thirty dollars per month,
46 from all persons over the age of eighteen who after the effective date
47 of this subdivision are supervised on presumptive release, parole,
48 conditional release or post-release supervision. The department shall
49 waive all or part of such fee where, because of the indigence of the
50 offender, the payment of said fee would work an unreasonable hardship on
51 the person convicted, his or her immediate family, or any other person
52 who is dependent on such person for financial support.
53 (b) The supervision fee authorized by this subdivision shall not
54 constitute nor be imposed as a condition of community supervision.
55 (c) In the event of non-payment of any fees that have not been waived,
56 the department may seek to enforce payment in any manner permitted by
S. 2812--C 69 A. 4012--C
1 law for enforcement of a debt owed to the state; provided, however, such
2 enforcement shall not include use of any private debt collection agency
3 or service.
4 (d) Nothing contained in this subdivision affects or limits the
5 provisions of section two hundred fifty-nine-mm of the executive law,
6 relating to out-of-state parole supervision. Prior to a transfer of
7 parole supervision to another state, the department shall eliminate any
8 supervision fee imposed pursuant to this subdivision. The department may
9 collect a fee, pursuant to this subdivision and regulations promulgated
10 thereunder, from any person whose parole supervision is transferred to
11 this state from another.
12 10. The department shall have the power to grant and revoke certif-
13 icates of relief from disabilities and certificates of good conduct as
14 provided for by law.
15 11. In any case where a person is entitled to jail time credit under
16 the provisions of paragraph (c) of subdivision three of section 70.40 of
17 the penal law, to certify to the person in charge of the institution in
18 which such person's sentence is being served the amount of such credit.
19 12. The department shall supervise all persons who are released and
20 subject to a regimen of strict and intensive supervision and treatment
21 pursuant to article ten of the mental hygiene law. The department shall
22 issue and periodically update rules and regulations concerning the
23 supervision of such persons in consultation with the office of sex
24 offender management in the division of criminal justice services and the
25 office of mental health.
26 13. The department shall perform such other functions as are necessary
27 and proper in furtherance of the objective of maintaining an effective,
28 efficient and fair system of community supervision.
29 14. The commissioner shall promulgate such regulations as are neces-
30 sary and proper for the efficient performance of the functions set forth
31 in this article. He or she shall have the authority to contract with
32 public or private agencies for the performance of the functions set
33 forth in this section as are necessary or appropriate to promote the
34 efficient performance of such responsibilities, except the functions
35 defined in subdivisions one, two, four, ten and twelve of this section.
36 15. The commissioner shall provide an annual report to the temporary
37 president of the senate, the speaker of the assembly, the minority lead-
38 er of the senate and minority leader of the assembly, commencing January
39 first, two thousand twelve. Such report shall include but not be limited
40 to the number of persons: released to community supervision and the
41 release type; supervised on community supervision during the preceding
42 year; whose community supervision was revoked; returned to incarceration
43 for conviction of a new felony committed while on community supervision;
44 transferred out of state pursuant to the Interstate Compact for Adult
45 Supervision. In addition, the commissioner shall provide other available
46 information regarding community supervision to the temporary president
47 of the senate, the speaker of the assembly, the minority leader of the
48 senate and minority leader of the assembly upon request.
49 § 203. Regulations for release of certain sex offenders. 1. The
50 commissioner shall promulgate rules and regulations that shall include
51 guidelines and procedures on the placement of sex offenders designated
52 as level two or level three offenders pursuant to article six-C of this
53 chapter. Such regulations shall provide instruction on certain factors
54 to be considered when investigating and approving the residence of level
55 two or level three sex offenders released on presumptive release,
S. 2812--C 70 A. 4012--C
1 parole, conditional release or post-release supervision. Such factors
2 shall include the following:
3 (a) the location of other sex offenders required to register under the
4 sex offender registration act, specifically whether there is a concen-
5 tration of registered sex offenders in a certain residential area or
6 municipality;
7 (b) the number of registered sex offenders residing at a particular
8 property;
9 (c) the proximity of entities with vulnerable populations;
10 (d) accessibility to family members, friends or other supportive
11 services, including, but not limited to, locally available sex offender
12 treatment programs with preference for placement of such individuals
13 into programs that have demonstrated effectiveness in reducing sex
14 offender recidivism and increasing public safety; and
15 (e) the availability of permanent, stable housing in order to reduce
16 the likelihood that such offenders will be transient.
17 2. The department shall have the duty, prior to the release to commu-
18 nity supervision of an inmate designated a level two or three sex offen-
19 der pursuant to the sex offender registration act, to provide notifica-
20 tion to the local social services district in the county in which the
21 inmate expects to reside, when information available or any other pre-
22 release procedures indicates that such inmate is likely to seek to
23 access local social services for homeless persons. The department shall
24 provide such notice, when practicable, thirty days or more before such
25 inmate's release, but in any event, in advance of such inmate's arrival
26 in the jurisdiction of such local social services district.
27 § 205. Merit termination of sentence and discharge from presumptive
28 release, parole, conditional release and release to post-release super-
29 vision. 1. The department may grant to any person a merit termination
30 of sentence from presumptive release, parole, conditional release or
31 release to post-release supervision prior to the expiration of the full
32 term or maximum term, provided it is determined by the department that
33 such merit termination is in the best interests of society, such person
34 is not required to register as a sex offender pursuant to article six-C
35 of this chapter, and such person is not on presumptive release, parole,
36 conditional release or release to post-release supervision from a term
37 of imprisonment imposed for any of the following offenses, or for an
38 attempt to commit any of the following offenses:
39 (a) a violent felony offense as defined in section 70.02 of the penal
40 law;
41 (b) murder in the first degree or murder in the second degree;
42 (c) an offense defined in article one hundred thirty of the penal law;
43 (d) unlawful imprisonment in the first degree, kidnapping in the first
44 degree, or kidnapping in the second degree, in which the victim is less
45 than seventeen years old and the offender is not the parent of the
46 victim;
47 (e) an offense defined in article two hundred thirty of the penal law
48 involving the prostitution of a person less than nineteen years old;
49 (f) disseminating indecent material to minors in the first degree or
50 disseminating indecent material to minors in the second degree;
51 (g) incest;
52 (h) an offense defined in article two hundred sixty-three of the penal
53 law;
54 (i) a hate crime as defined in section 485.05 of the penal law; or
55 (j) an offense defined in article four hundred ninety of the penal
56 law.
S. 2812--C 71 A. 4012--C
1 2. A merit termination granted by the department under this section
2 shall constitute a termination of the sentence with respect to which it
3 was granted. No such merit termination shall be granted unless the
4 department is satisfied that termination of sentence from presumptive
5 release, parole, conditional release or post-release supervision is in
6 the best interest of society, and that the parolee or releasee, other-
7 wise financially able to comply with an order of restitution and the
8 payment of any mandatory surcharge previously imposed by a court of
9 competent jurisdiction, has made a good faith effort to comply there-
10 with.
11 3. A merit termination of sentence may be granted after two years of
12 presumptive release, parole, conditional release or release to post-re-
13 lease supervision to a person serving a sentence for a class A felony
14 offense as defined in article two hundred twenty of the penal law. A
15 merit termination of sentence may be granted to all other eligible
16 persons after one year of presumptive release, parole, conditional
17 release or release to post-release supervision.
18 4. The department must grant termination of sentence after three years
19 of unrevoked presumptive release or parole to a person serving an inde-
20 terminate sentence for a class A felony offense defined in article two
21 hundred twenty of the penal law, and must grant termination of sentence
22 after two years of unrevoked presumptive release or parole to a person
23 serving an indeterminate sentence for any other felony offense defined
24 in article two hundred twenty or two hundred twenty-one of the penal
25 law.
26 5. The commissioner, in consultation with the chairman of the board of
27 parole, shall promulgate rules and regulations governing the issuance of
28 merit terminations of sentence and discharges from presumptive release,
29 parole, conditional release or post-release supervision to assure that
30 such terminations and discharges are consistent with public safety. The
31 board of parole shall have access to merit termination application case
32 files and corresponding decisions to assess the effectiveness of the
33 rules and regulations in ensuring public safety. Such review will in no
34 manner effect the decisions made with regard to individual merit termi-
35 nation determinations.
36 § 206. Applications for presumptive release or conditional release.
37 1. All requests for presumptive release or conditional release shall be
38 made in writing on forms prescribed and furnished by the department.
39 Within one month from the date any such application is received, if it
40 appears that the applicant is eligible for presumptive release or condi-
41 tional release or will be eligible for such release during such month,
42 the conditions of release shall be fixed in accordance with rules
43 prescribed by the board of parole. Such conditions shall be substantial-
44 ly the same as conditions imposed upon parolees.
45 2. No person shall be presumptively released or conditionally
46 released, unless the applicant has agreed in writing to the conditions
47 of release. The agreement shall state in plain, easily understandable
48 language the consequences of a violation of one or more of the condi-
49 tions of release.
50 § 207. Cooperation. It shall be the duty of the commissioner of
51 corrections and community supervision to insure that all officers and
52 employees of the department shall at all times cooperate with the board
53 of parole and shall furnish to such members and employees of the board
54 of parole such information as may be appropriate to enable them to
55 perform their independent decision making functions. It is also his or
56 her duty to ensure that the functions of the board of parole are not
S. 2812--C 72 A. 4012--C
1 hampered in any way, including but not limited to: a restriction of
2 resources including staff assistance; limited access to vital informa-
3 tion; and presentation of inmate information in a manner that may inap-
4 propriately influence the board in its decision making.
5 § 208. Deputization of out-of-state officers. The commissioner is
6 hereby authorized and empowered to deputize any parole officer or peace
7 officer of another state to act as an officer and agent of this state in
8 effecting the return of any person who has violated the terms and condi-
9 tions of parole or probation as granted by this state.
10 Any deputization pursuant to this section shall be in writing and any
11 person authorized to act as an agent of this state pursuant hereto shall
12 carry formal evidence of his or her deputization and shall produce the
13 same upon demand.
14 The commissioner is hereby authorized, subject to the approval of the
15 comptroller, to enter into contracts with similar officials of any other
16 state or states for the purpose of sharing an equitable portion of the
17 cost of effecting the return of any person who has violated the terms
18 and conditions of parole or probation as granted by this state.
19 § 33. Intentionally omitted.
20 § 34. Intentionally omitted.
21 § 35. Subdivision 5 of section 400 of the correction law, as added by
22 chapter 766 of the laws of 1976, is amended to read as follows:
23 (5) "Inmate" means a person committed to the custody of the department
24 of [correctional services] corrections and community supervision, or a
25 person convicted of a crime and committed to the custody of the sheriff,
26 the county jail, or a local department of correction.
27 § 36. Subparagraph 3 of paragraph c of subdivision 7 of section 500-b
28 of the correction law, as amended by chapter 574 of the laws of 1985, is
29 amended to read as follows:
30 (3) records, to the extent relevant and known to the chief administra-
31 tive officer, maintained by the department of [correctional services]
32 corrections and community supervision and/or any local correctional
33 facility in this state and which are accessible and available to the
34 chief administrative officer; and
35 § 37. Section 259 of the executive law is REPEALED and a new section
36 259 is added to read as follows:
37 § 259. Definitions. When used in this article, the following terms
38 shall have the following meanings:
39 1. "Board" means the state board of parole.
40 2. "Commissioner" means the commissioner of the department of
41 corrections and community supervision.
42 3. "Community supervision" means the supervision of individuals
43 released into the community on temporary release, presumptive release,
44 parole, conditional release, post release supervision or medical parole.
45 4. "Department" means the department of corrections and community
46 supervision.
47 § 38. Section 259-a of the executive law is REPEALED and a new section
48 259-a is added to read as follows:
49 § 259-a. State board of parole; funding. The annual budget submitted
50 by the governor shall separately state the recommended appropriations
51 for the state board of parole. Upon enactment, these separately stated
52 appropriations for the state board of parole shall not be decreased by
53 interchange with any other appropriation, notwithstanding section
54 fifty-one of the state finance law.
55 § 38-a. Section 259-b of the executive law, as added by chapter 904 of
56 the laws of 1977, subdivision 1 as amended by chapter 123 of the laws of
S. 2812--C 73 A. 4012--C
1 1987 and subdivision 2 as amended by chapter 111 of the laws of 1989, is
2 amended to read as follows:
3 § 259-b. State board of parole; organization. 1. There shall be in the
4 [state division of parole] department a state board of parole which
5 shall possess the powers and duties hereinafter specified. The board
6 shall function independently of the department regarding all of its
7 decision-making functions, as well as any other powers and duties speci-
8 fied in this article, provided, however, that administrative matters of
9 general applicability within the department shall be applicable to the
10 board. Such board shall consist of not more than nineteen members
11 appointed by the governor with the advice and consent of the senate. The
12 term of office of each member of such board shall be for six years;
13 provided, however, that any member chosen to fill a vacancy occurring
14 otherwise than by expiration of term shall be appointed for the remain-
15 der of the unexpired term of the member whom he is to succeed. In the
16 event of the inability to act of any member, the governor may appoint
17 some competent informed person to act in his stead during the contin-
18 uance of such disability.
19 2. Each member of the board shall have been awarded a degree from an
20 accredited four-year college or university or a graduate degree from
21 such college or university or accredited graduate school and shall have
22 had at least five years of experience in one or more of the fields of
23 criminology, administration of criminal justice, law enforcement, soci-
24 ology, law, social work, corrections, psychology, psychiatry or medi-
25 cine.
26 3. The governor shall designate one of the members of the board as
27 chairman to serve in such capacity at the pleasure of the governor or
28 until the member's term of office expires and a successor is designated
29 in accordance with law, whichever first occurs.
30 4. The members of the [state] board [of parole] shall not hold any
31 other public office; nor shall they, at any time of their appointment
32 nor during their incumbency, serve as a representative of any political
33 party on an executive committee or other governing body thereof, nor as
34 an executive officer or employee of any political committee, organiza-
35 tion or association.
36 5. Each member of the [state] board [of parole] shall receive for his
37 services an annual salary to be fixed by the governor within the amount
38 appropriated therefor. Each member of such board shall also receive his
39 necessary expenses actually incurred in the discharge of his duties.
40 6. Any member of the [state] board [of parole] may be removed by the
41 governor for cause after an opportunity to be heard.
42 7. Except as otherwise provided by law, a majority of the [state]
43 board [of parole] shall constitute a quorum for the transaction of all
44 business of the board.
45 § 38-b. Section 259-c of the executive law, as added by chapter 904
46 of the laws of 1977, subdivision 1 as amended by section 8 of part J and
47 subdivision 4 as amended by section 2 of part N of chapter 56 of the
48 laws of 2009, subdivisions 2 and 6 as amended by section 7 of part E of
49 chapter 62 of the laws of 2003, subdivision 13 as amended by chapter 1
50 of the laws of 2000, subdivision 14 as amended by chapter 320 of the
51 laws of 2006, subdivision 15 as added by chapter 67 of the laws of 2008,
52 subdivision 15-a as added by chapter 496 of the laws of 2009, subdivi-
53 sion 16 as amended by section 14 of part A1 of chapter 56 of the laws of
54 2010 and subdivision 17 as added by chapter 96 of the laws of 2006 and
55 as renumbered by chapter 67 of the laws of 2008, is amended to read as
56 follows:
S. 2812--C 74 A. 4012--C
1 § 259-c. State board of parole; functions, powers and duties. The
2 state board of parole shall: 1. have the power and duty of determining
3 which inmates serving an indeterminate or determinate sentence of impri-
4 sonment may be released on parole, or on medical parole pursuant to
5 section two hundred fifty-nine-r or section two hundred fifty-nine-s of
6 this article, and when and under what conditions;
7 2. have the power and duty of determining the conditions of release of
8 the person who may be presumptively released, conditionally released or
9 subject to a period of post-release supervision under an indeterminate
10 or determinate sentence of imprisonment;
11 3. determine, as each inmate is received by the department [of correc-
12 tional services], the need for further investigation of the background
13 of such inmate [and]. Upon such determination, the department shall
14 cause such investigation as may be necessary to be made as soon as prac-
15 ticable, the results of such investigation together with all other
16 information compiled by the [division pursuant to subdivision one of
17 section two hundred fifty-nine-a] department and the complete criminal
18 record and family court record of such inmate to be filed so as to be
19 readily available when the parole of such inmate is being considered;
20 4. establish written [guidelines] procedures for its use in making
21 parole decisions as required by law[, including the fixing of minimum
22 periods of imprisonment or ranges thereof for different categories of
23 offenders]. Such written [guidelines may consider the use of a] proce-
24 dures shall incorporate risk and needs [assessment instrument] princi-
25 ples to measure the rehabilitation of persons appearing before the
26 board, the likelihood of success of such persons upon release, and
27 assist members of the state board of parole in determining which inmates
28 may be released to parole supervision;
29 5. through its members, officers and employees, study or cause to be
30 studied the inmates confined in institutions over which the board has
31 jurisdiction, so as to determine their ultimate fitness to be paroled;
32 6. have the power to revoke the [presumptive release, parole, condi-
33 tional release or post-release] community supervision status of any
34 person and to authorize the issuance of a warrant for the re-taking of
35 such persons;
36 [7. have the power to grant and revoke certificates of relief from
37 disabilities and certificates of good conduct as provided for by law;]
38 8. have the power and perform the duty, when requested by the gover-
39 nor, of reporting to the governor the facts, circumstances, criminal
40 records and social, physical, mental and psychiatric conditions and
41 histories of inmates under consideration by the governor for pardon or
42 commutation of sentence and of applicants for restoration of the rights
43 of citizenship;
44 9. for the purpose of any investigation in the performance of duties
45 made by it or any member thereof, have the power to issue subpoenas, to
46 compel the attendance of witnesses and the production of books, papers,
47 and other documents pertinent to the subject of its inquiry;
48 10. have the power to authorize any members thereof and hearing offi-
49 cers to administer oaths and take the testimony of persons under oath;
50 11. make rules for the conduct of its work, a copy of such rules and
51 of any amendments thereto to be filed by the chairman with the secretary
52 of state;
53 12. [in any case where a person is entitled to jail time credit under
54 the provisions of paragraph (c) of subdivision three of section 70.40 of
55 the penal law, to certify to the person in charge of the institution in
56 which such person's sentence is being served the amount of such credit]
S. 2812--C 75 A. 4012--C
1 to facilitate the supervision of all inmates released on community
2 supervision the chairman of the state board of parole shall consider the
3 implementation of a program of graduated sanctions, including but not
4 limited to the utilization of a risk and needs assessment instrument
5 that would be administered to all inmates eligible for parole super-
6 vision. Such a program would include various components including the
7 use of alternatives to incarceration for technical parole violations;
8 13. transmit a report of the work of the state board of parole for the
9 preceding calendar year to the governor and the legislature annually;
10 14. notwithstanding any other provision of law to the contrary, where
11 a person serving a sentence for an offense defined in article one
12 hundred thirty, one hundred thirty-five or two hundred sixty-three of
13 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
14 the victim of such offense was under the age of eighteen at the time of
15 such offense or such person has been designated a level three sex offen-
16 der pursuant to subdivision six of section one hundred sixty-eight-l of
17 the correction law, is released on parole or conditionally released
18 pursuant to subdivision one or two of this section, the board shall
19 require, as a mandatory condition of such release, that such sentenced
20 offender shall refrain from knowingly entering into or upon any school
21 grounds, as that term is defined in subdivision fourteen of section
22 220.00 of the penal law, or any other facility or institution primarily
23 used for the care or treatment of persons under the age of eighteen
24 while one or more of such persons under the age of eighteen are present,
25 provided however, that when such sentenced offender is a registered
26 student or participant or an employee of such facility or institution or
27 entity contracting therewith or has a family member enrolled in such
28 facility or institution, such sentenced offender may, with the written
29 authorization of his or her parole officer and the superintendent or
30 chief administrator of such facility, institution or grounds, enter such
31 facility, institution or upon such grounds for the limited purposes
32 authorized by the parole officer and superintendent or chief officer.
33 Nothing in this subdivision shall be construed as restricting any lawful
34 condition of supervision that may be imposed on such sentenced offender.
35 15. Notwithstanding any other provision of law to the contrary, where
36 a person is serving a sentence for an offense for which registration as
37 a sex offender is required pursuant to subdivision two or three of
38 section one hundred sixty-eight-a of the correction law, and the victim
39 of such offense was under the age of eighteen at the time of such
40 offense or such person has been designated a level three sex offender
41 pursuant to subdivision six of section one hundred sixty-eight-l of the
42 correction law or the internet was used to facilitate the commission of
43 the crime, is released on parole or conditionally released pursuant to
44 subdivision one or two of this section, the board shall require, as
45 mandatory conditions of such release, that such sentenced offender shall
46 be prohibited from using the internet to access pornographic material,
47 access a commercial social networking website, communicate with other
48 individuals or groups for the purpose of promoting sexual relations with
49 persons under the age of eighteen, and communicate with a person under
50 the age of eighteen when such offender is over the age of eighteen,
51 provided that the board may permit an offender to use the internet to
52 communicate with a person under the age of eighteen when such offender
53 is the parent of a minor child and is not otherwise prohibited from
54 communicating with such child. Nothing in this subdivision shall be
55 construed as restricting any other lawful condition of supervision that
56 may be imposed on such sentenced offender. As used in this subdivision,
S. 2812--C 76 A. 4012--C
1 a "commercial social networking website" shall mean any business, organ-
2 ization or other entity operating a website that permits persons under
3 eighteen years of age to be registered users for the purpose of estab-
4 lishing personal relationships with other users, where such persons
5 under eighteen years of age may: (i) create web pages or profiles that
6 provide information about themselves where such web pages or profiles
7 are available to the public or to other users; (ii) engage in direct or
8 real time communication with other users, such as a chat room or instant
9 messenger; and (iii) communicate with persons over eighteen years of
10 age; provided, however, that, for purposes of this subdivision, a
11 commercial social networking website shall not include a website that
12 permits users to engage in such other activities as are not enumerated
13 herein.
14 15-a. Notwithstanding any other provision of law, where a person is
15 serving a sentence for a violation of section 120.03, 120.04, 120.04-a,
16 125.12, 125.13 or 125.14 of the penal law, or a felony as defined in
17 paragraph (c) of subdivision one of section eleven hundred ninety-three
18 of the vehicle and traffic law, if such person is released on parole or
19 conditional release the board shall require as a mandatory condition of
20 such release, that such person install and maintain, in accordance with
21 the provisions of section eleven hundred ninety-eight of the vehicle and
22 traffic law, an ignition interlock device in any motor vehicle owned or
23 operated by such person during the term of such parole or conditional
24 release for such crime. Provided further, however, the board may not
25 otherwise authorize the operation of a motor vehicle by any person whose
26 license or privilege to operate a motor vehicle has been revoked pursu-
27 ant to the provisions of the vehicle and traffic law.
28 16. [have the duty to provide written notice to such inmates prior to
29 release on presumptive release, parole, parole supervision, conditional
30 release or post release supervision or pursuant to subdivision six of
31 section 410.91 of the criminal procedure law of any requirement to
32 report to the office of victim services any funds of a convicted person
33 as defined in section six hundred thirty-two-a of this chapter, the
34 procedure for such reporting and any potential penalty for a failure to
35 comply.
36 17. have the duty, prior to the release, parole or release to post-re-
37 lease supervision of an inmate designated a level two or three sex
38 offender pursuant to the sex offender registration act, to provide
39 notification to the local social services district in the county in
40 which the inmate expects to reside, when information available to the
41 board pursuant to section one hundred sixty-eight-e of the correction
42 law or any other pre-release procedures indicates that such inmate is
43 likely to seek to access local social services for homeless persons. The
44 board shall provide such notice, when practicable, thirty days or more
45 before such inmate's release, but in any event, in advance of such
46 inmate's arrival in the jurisdiction of such local social services
47 district] determine which inmates serving a definite sentence of impri-
48 sonment may be conditionally released from an institution in which he or
49 she is confined in accordance with subdivision two of section 70.40 of
50 the penal law.
51 17. within amounts appropriated, appoint attorneys to serve as its
52 legal advisors. Such attorneys shall report directly to the board,
53 provided, however, that administrative matters of general applicability
54 within the department shall be applicable to such attorneys.
55 § 38-b-1. Intentionally omitted.
S. 2812--C 77 A. 4012--C
1 § 38-b-2. Section 259-d of the executive law, as added by chapter 904
2 of the laws of 1977, subdivision 1 as amended by chapter 166 of the laws
3 of 1991, is amended to read as follows:
4 § 259-d. Hearing officers. 1. The [chairman of the] state board of
5 parole shall appoint and shall have the power to remove, in accordance
6 with the provisions of the civil service law, hearing officers who shall
7 be authorized to conduct parole revocation proceedings. Hearing offi-
8 cers shall function independently of the department regarding all of
9 their decision-making functions, and shall report directly to the board,
10 provided, however, that administrative matters of general applicability
11 within the department shall be applicable to all hearing officers. A
12 hearing officer conducting such proceedings shall, when delegated such
13 authority by the board in rules adopted by the board, be required to
14 make a written decision in accordance with standards and rules adopted
15 by the board. Nothing in this article shall be deemed to preclude a
16 member of the state board of parole from exercising all of the func-
17 tions, powers and duties of a hearing officer upon request of the chair-
18 man.
19 2. The [chairman] board, acting in cooperation with the civil service
20 commission, shall establish standards, preliminary requisites and requi-
21 sites to govern the selection [and], appointment and removal of hearing
22 officers. Such standards and requisites shall be designed to assure that
23 persons selected as hearing officers have the ability to conduct parole
24 revocation proceedings fairly and impartially. Such standards shall not
25 require prior experience as a parole officer. The board shall have the
26 authority to establish procedures necessary to implement this section.
27 § 38-c. Section 259-e of the executive law, as amended by section 8 of
28 part E of chapter 62 of the laws of 2003, is amended to read as follows:
29 § 259-e. Institutional parole services. The [division] department
30 shall provide institutional parole services. [Subject to the authority
31 of the chairman, these] Such services shall include preparation of
32 reports and other data required by the state board of parole in the
33 exercise of its functions with respect to release on presumptive
34 release, parole, conditional release or post-release supervision of
35 inmates. Employees of the [division] department who collect data, inter-
36 view inmates and prepare reports for the state board of parole in insti-
37 tutions under the jurisdiction of the department [of correctional
38 services] shall [not] work under the direct [or indirect] supervision of
39 the [head of the institution] deputy commissioner of the department in
40 charge of program services. Data and reports submitted to the board
41 shall address the statutory factors to be considered by the board pursu-
42 ant to the relevant provisions of section two hundred fifty-nine-i of
43 this article.
44 § 38-d. Section 259-f of the executive law is REPEALED.
45 § 38-e. Section 259-g of the executive law is REPEALED.
46 § 38-f. Subdivision 1 of section 259-i of the executive law is
47 REPEALED.
48 § 38-f-1. Paragraphs (a), (b) and (d) and subparagraph (A) of para-
49 graph (c) of subdivision 2, subparagraphs (i) and (iii) of paragraph (a)
50 of subdivision 3, subparagraph (x) of paragraph (f) of subdivision 3,
51 and paragraph (i) of subdivision 3 of section 259-i of the executive
52 law, paragraph (a) of subdivision 2 as separately amended by section 11
53 of part E and section 9 of part F of chapter 62 of the laws of 2003,
54 paragraph (b) of subdivision 2, subparagraph (i) of paragraph (a) of
55 subdivision 3 and paragraph (i) of subdivision 3 as amended by section
56 11 of part E of chapter 62 of the laws of 2003, subparagraph (A) of
S. 2812--C 78 A. 4012--C
1 paragraph (c) of subdivision 2 as amended by section 12 of part AAA of
2 chapter 56 of the laws of 2009, paragraph (d) of subdivision 2 as
3 amended by chapter 239 of the laws of 2007, subparagraph (iii) of para-
4 graph (a) of subdivision 3, as amended by section 11 of part E of chap-
5 ter 62 of the laws of 2003 and as renumbered by section 1 of part M of
6 chapter 56 of the laws of 2009, subparagraph (x) of paragraph (f) of
7 subdivision 3 as amended by section 3 of part E of chapter 56 of the
8 laws of 2007, are amended to read as follows:
9 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
10 least one month prior to the date on which an inmate may be paroled
11 pursuant to subdivision one of section 70.40 of the penal law, a member
12 or members as determined by the rules of the board shall personally
13 interview such inmate and determine whether he should be paroled in
14 accordance with the guidelines adopted pursuant to subdivision four of
15 section two hundred fifty-nine-c of this article. If parole is not
16 granted upon such review, the inmate shall be informed in writing within
17 two weeks of such appearance of the factors and reasons for such denial
18 of parole. Such reasons shall be given in detail and not in conclusory
19 terms. The board shall specify a date not more than twenty-four months
20 from such determination for reconsideration, and the procedures to be
21 followed upon reconsideration shall be the same. If the inmate is
22 released, he shall be given a copy of the conditions of parole. Such
23 conditions shall where appropriate, include a requirement that the paro-
24 lee comply with any restitution order, mandatory surcharge, sex offender
25 registration fee and DNA databank fee previously imposed by a court of
26 competent jurisdiction that applies to the parolee. The [board of
27 parole] conditions shall indicate which restitution collection agency
28 established under subdivision eight of section 420.10 of the criminal
29 procedure law, shall be responsible for collection of restitution,
30 mandatory surcharge, sex offender registration fees and DNA databank
31 fees as provided for in section 60.35 of the penal law and section eigh-
32 teen hundred nine of the vehicle and traffic law.
33 (ii) Any inmate who is scheduled for presumptive release pursuant to
34 section eight hundred six of the correction law shall not appear before
35 the [parole] board as provided in subparagraph (i) of this paragraph
36 unless such inmate's scheduled presumptive release is forfeited,
37 canceled, or rescinded subsequently as provided in such law. In such
38 event, the inmate shall appear before the [parole] board for release
39 consideration as provided in subparagraph (i) of this paragraph as soon
40 thereafter as is practicable.
41 (b) Persons presumptively released, paroled, conditionally released or
42 released to post-release supervision from an institution under the
43 jurisdiction of the department [of correctional services or], the
44 department of mental hygiene or the office of children and family
45 services shall, while on presumptive release, parole, conditional
46 release or post-release supervision, be in the legal custody of the
47 [division of parole] department until expiration of the maximum term or
48 period of sentence, or expiration of the period of supervision, includ-
49 ing any period of post-release supervision, or return to imprisonment in
50 the custody of the department [of correctional services], as the case
51 may be.
52 (A) Discretionary release on parole shall not be granted merely as a
53 reward for good conduct or efficient performance of duties while
54 confined but after considering if there is a reasonable probability
55 that, if such inmate is released, he will live and remain at liberty
56 without violating the law, and that his release is not incompatible with
S. 2812--C 79 A. 4012--C
1 the welfare of society and will not so deprecate the seriousness of his
2 crime as to undermine respect for law. In making the parole release
3 decision, the [guidelines] procedures adopted pursuant to subdivision
4 four of section two hundred fifty-nine-c of this article shall require
5 that the following be considered: (i) the institutional record including
6 program goals and accomplishments, academic achievements, vocational
7 education, training or work assignments, therapy and [interpersonal
8 relationships] interactions with staff and inmates; (ii) performance, if
9 any, as a participant in a temporary release program; (iii) release
10 plans including community resources, employment, education and training
11 and support services available to the inmate; (iv) any deportation order
12 issued by the federal government against the inmate while in the custody
13 of the department [of correctional services] and any recommendation
14 regarding deportation made by the commissioner of the department [of
15 correctional services] pursuant to section one hundred forty-seven of
16 the correction law; (v) any statement made to the board by the crime
17 victim or the victim's representative, where the crime victim is
18 deceased or is mentally or physically incapacitated; [and] (vi) the
19 length of the determinate sentence to which the inmate would be subject
20 had he or she received a sentence pursuant to section 70.70 or section
21 70.71 of the penal law for a felony defined in article two hundred twen-
22 ty or article two hundred twenty-one of the penal law; (vii) the seri-
23 ousness of the offense with due consideration to the type of sentence,
24 length of sentence and recommendations of the sentencing court, the
25 district attorney, the attorney for the inmate, the pre-sentence
26 probation report as well as consideration of any mitigating and aggra-
27 vating factors, and activities following arrest prior to confinement;
28 and (viii) prior criminal record, including the nature and pattern of
29 offenses, adjustment to any previous probation or parole supervision and
30 institutional confinement. The board shall provide toll free telephone
31 access for crime victims. In the case of an oral statement made in
32 accordance with subdivision one of section 440.50 of the criminal proce-
33 dure law, the parole board member shall present a written report of the
34 statement to the parole board. A crime victim's representative shall
35 mean the crime victim's closest surviving relative, the committee or
36 guardian of such person, or the legal representative of any such person.
37 Such statement submitted by the victim or victim's representative may
38 include information concerning threatening or intimidating conduct
39 toward the victim, the victim's representative, or the victim's family,
40 made by the person sentenced and occurring after the sentencing. Such
41 information may include, but need not be limited to, the threatening or
42 intimidating conduct of any other person who or which is directed by the
43 person sentenced. [Notwithstanding the provisions of this section, in
44 making the parole release decision for persons whose minimum period of
45 imprisonment was not fixed pursuant to the provisions of subdivision one
46 of this section, in addition to the factors listed in this paragraph the
47 board shall consider the factors listed in paragraph (a) of subdivision
48 one of this section.]
49 (d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
50 of this subdivision, after the inmate has served his minimum period of
51 imprisonment imposed by the court, or at any time after the inmate's
52 period of imprisonment has commenced for an inmate serving a determinate
53 or indeterminate term of imprisonment, provided that the inmate has had
54 a final order of deportation issued against him and provided further
55 that the inmate is not convicted of either an A-I felony offense other
56 than an A-I felony offense as defined in article two hundred twenty of
S. 2812--C 80 A. 4012--C
1 the penal law or a violent felony offense as defined in section 70.02 of
2 the penal law, if the inmate is subject to deportation by the United
3 States Bureau of Immigration and [Naturalization Service] Customs
4 Enforcement, in addition to the criteria set forth in paragraph (c) of
5 this subdivision, the board may consider, as a factor warranting earlier
6 release, the fact that such inmate will be deported, and may grant
7 parole from an indeterminate sentence or release for deportation from a
8 determinate sentence to such inmate conditioned specifically on his
9 prompt deportation. The board may make such conditional grant of early
10 parole from an indeterminate sentence or release for deportation from a
11 determinate sentence only where it has received from the United States
12 Bureau of Immigration and [Naturalization Service] Customs Enforcement
13 assurance (A) that an order of deportation will be executed or that
14 proceedings will promptly be commenced for the purpose of deportation
15 upon release of the inmate from the custody of the department of correc-
16 tional services, and (B) that the inmate, if granted parole or release
17 for deportation pursuant to this paragraph, will not be released from
18 the custody of the United States Bureau of Immigration and [Naturaliza-
19 tion Service] Customs Enforcement, unless such release be as a result of
20 deportation without providing the board a reasonable opportunity to
21 arrange for execution of its warrant for the retaking of such person.
22 (ii) An inmate who has been granted parole from an indeterminate
23 sentence or release for deportation from a determinate sentence pursuant
24 to this paragraph shall be delivered to the custody of the United States
25 Bureau of Immigration and [Naturalization Service] Customs Enforcement
26 along with the board's warrant for his retaking to be executed in the
27 event of his release from such custody other than by deportation. In the
28 event that such person is not deported, the board shall execute the
29 warrant, effect his return to imprisonment in the custody of the depart-
30 ment [of correctional services] and within sixty days after such return,
31 provided that the person is serving an indeterminate sentence and the
32 minimum period of imprisonment has been served, personally interview him
33 to determine whether he should be paroled in accordance with the
34 provisions of paragraphs (a), (b) and (c) of this subdivision. The
35 return of a person granted parole from an indeterminate sentence or
36 release for deportation from a determinate sentence pursuant to this
37 paragraph for the reason set forth herein shall not be deemed to be a
38 parole delinquency and the interruptions specified in subdivision three
39 of section 70.40 of the penal law shall not apply, but the time spent in
40 the custody of the United States Bureau of Immigration and [Naturaliza-
41 tion Service] Customs Enforcement shall be credited against the term of
42 the sentence in accordance with the rules specified in paragraph (c) of
43 that subdivision. Notwithstanding any other provision of law, any
44 inmate granted parole from an indeterminate sentence or release for
45 deportation from a determinate sentence pursuant to this paragraph who
46 is subsequently committed to imprisonment in the custody of the depart-
47 ment [of correctional services] for a felony offense committed after
48 release pursuant to this paragraph shall have his parole eligibility
49 date on the indeterminate sentence for the new felony offense, or his
50 conditional release date on the determinate sentence for the new felony
51 offense, as the case may be, extended by the amount of time between the
52 date on which such inmate was released from imprisonment in the custody
53 of the department [of correctional services] pursuant to this paragraph
54 and the date on which such inmate would otherwise have completed service
55 of the minimum period of imprisonment on the prior felony offense.
S. 2812--C 81 A. 4012--C
1 (i) If the parole officer having charge of a presumptively released,
2 paroled or conditionally released person or a person released to post-
3 release supervision or a person received under the uniform act for out-
4 of-state parolee supervision shall have reasonable cause to believe that
5 such person has lapsed into criminal ways or company, or has violated
6 one or more conditions of his presumptive release, parole, conditional
7 release or post-release supervision, such parole officer shall report
8 such fact to a member of the board [of parole], or to any officer of the
9 [division] department designated by the board, and thereupon a warrant
10 may be issued for the retaking of such person and for his temporary
11 detention in accordance with the rules of the board. The retaking and
12 detention of any such person may be further regulated by rules and regu-
13 lations of the [division] department not inconsistent with this article.
14 A warrant issued pursuant to this section shall constitute sufficient
15 authority to the superintendent or other person in charge of any jail,
16 penitentiary, lockup or detention pen to whom it is delivered to hold in
17 temporary detention the person named therein; except that a warrant
18 issued with respect to a person who has been released on medical parole
19 pursuant to section two hundred fifty-nine-r of this article and whose
20 parole is being revoked pursuant to paragraph (h) of subdivision four of
21 such section shall constitute authority for the immediate placement of
22 the parolee only into imprisonment in the custody of the department [of
23 correctional services] to hold in temporary detention. A warrant issued
24 pursuant to this section shall also constitute sufficient authority to
25 the person in charge of a drug treatment campus, as defined in subdivi-
26 sion twenty of section two of the correction law, to hold the person
27 named therein, in accordance with the procedural requirements of this
28 section, for a period of at least ninety days to complete an intensive
29 drug treatment program mandated by the board [of parole] as an alterna-
30 tive to presumptive release or parole or conditional release revocation,
31 or the revocation of post-release supervision, and shall also constitute
32 sufficient authority for return of the person named therein to local
33 custody to hold in temporary detention for further revocation
34 proceedings in the event said person does not successfully complete the
35 intensive drug treatment program. The board's rules shall provide for
36 cancellation of delinquency and restoration to supervision upon the
37 successful completion of the program.
38 (iii) Where the alleged violator is detained in another state pursuant
39 to such warrant and is not under parole supervision pursuant to the
40 uniform act for out-of-state parolee supervision or where an alleged
41 violator under parole supervision pursuant to the uniform act for out-
42 of-state parolee supervision is detained in a state other than the
43 receiving state, the warrant will not be deemed to be executed until the
44 alleged violator is detained exclusively on the basis of such warrant
45 and the [division of parole] department has received notification that
46 the alleged violator (A) has formally waived extradition to this state
47 or (B) has been ordered extradited to this state pursuant to a judicial
48 determination. The alleged violator will not be considered to be within
49 the convenience and practical control of the [division of parole]
50 department until the warrant is deemed to be executed.
51 (x) If the presiding officer is satisfied that there is a preponder-
52 ance of evidence that the alleged violator violated one or more condi-
53 tions of release in an important respect, he or she shall so find. For
54 each violation so found, the presiding officer may (A) direct that the
55 presumptive releasee, parolee, conditional releasee or person serving a
56 period of post-release supervision be restored to supervision; (B) as an
S. 2812--C 82 A. 4012--C
1 alternative to reincarceration, direct the presumptive releasee, paro-
2 lee, conditional releasee or person serving a period of post-release
3 supervision be placed in a parole transition facility for a period not
4 to exceed one hundred eighty days and subsequent restoration to super-
5 vision; (C) in the case of presumptive releasees, parolees or condi-
6 tional releasees, direct the violator's reincarceration and fix a date
7 for consideration by the board for re-release on presumptive release, or
8 parole or conditional release, as the case may be; or (D) in the case of
9 persons released to a period of post-release supervision, direct the
10 violator's reincarceration up to the balance of the remaining period of
11 post-release supervision, not to exceed five years; provided, however,
12 that a defendant serving a term of post-release supervision for a
13 conviction of a felony sex offense defined in section 70.80 of the penal
14 law may be subject to a further period of imprisonment up to the balance
15 of the remaining period of post-release supervision. [Where a date has
16 been fixed for the violator's re-release on presumptive release, parole
17 or conditional release, as the case may be, the board or board member
18 may waive the personal interview between a member or members of the
19 board and the violator to determine the suitability for re-release;
20 provided, however, that the board shall retain the authority to suspend
21 the date fixed for re-release and to require a personal interview based
22 on the violator's institutional record or on such other basis as is
23 authorized by the rules and regulations of the board. If an interview is
24 required, the board shall notify the violator of the time of such inter-
25 view in accordance with the rules and regulations of the board. If the
26 violator is placed in a parole transition facility or restored to super-
27 vision, the presiding officer may impose such other conditions of
28 presumptive release, parole, conditional release, or post-release super-
29 vision as he or she may deem appropriate, as authorized by rules of the
30 board] For the violator serving an indeterminate sentence who while
31 re-incarcerated has not been found by the department to have committed a
32 serious disciplinary infraction, such violator shall be re-released on
33 the date fixed at the revocation hearing. For the violator serving an
34 indeterminate sentence who has been found by the department to have
35 committed a serious disciplinary infraction while re-incarcerated, the
36 department shall refer the violator to the board for consideration for
37 re-release to community supervision. Upon such referral the board may
38 waive the personal interview between a member or members of the board
39 and the violator to determine the suitability for re-release when the
40 board directs that the violator be re-released upon expiration of the
41 time assessment. The board shall retain the authority to suspend the
42 date fixed for re-release based on the violator's commission of a seri-
43 ous disciplinary infraction and shall in such case require a personal
44 interview be conducted within a reasonable time between a panel of
45 members of the board and the violator to determine suitability for
46 re-release. If an interview is required, the board shall notify the
47 violator in advance of the date and time of such interview in accordance
48 with the rules and regulations of the board.
49 (i) Where there is reasonable cause to believe that a presumptive
50 releasee, parolee, conditional releasee or person under post-release
51 supervision has absconded from supervision the board may declare such
52 person to be delinquent. This paragraph shall not be construed to deny
53 such person a preliminary revocation hearing upon his retaking, nor to
54 relieve the [division of parole] department of any obligation it may
55 have to exercise due diligence to retake the alleged absconder, nor to
S. 2812--C 83 A. 4012--C
1 relieve the parolee or releasee of any obligation he may have to comply
2 with the conditions of his release.
3 § 38-f-2. Paragraph (a) of subdivision 2 of section 259-i of the exec-
4 utive law, as amended by chapter 396 of the laws of 1987, is amended to
5 read as follows:
6 (a) At least one month prior to the expiration of the minimum period
7 or periods of imprisonment fixed by the court or board, a member or
8 members as determined by the rules of the board shall personally inter-
9 view an inmate serving an indeterminate sentence and determine whether
10 he should be paroled at the expiration of the minimum period or periods
11 in accordance with the [guidelines] procedures adopted pursuant to
12 subdivision four of section two hundred fifty-nine-c. If parole is not
13 granted upon such review, the inmate shall be informed in writing within
14 two weeks of such appearance of the factors and reasons for such denial
15 of parole. Such reasons shall be given in detail and not in conclusory
16 terms. The board shall specify a date not more than twenty-four months
17 from such determination for reconsideration, and the procedures to be
18 followed upon reconsideration shall be the same. If the inmate is
19 released, he shall be given a copy of the conditions of parole. Such
20 conditions shall where appropriate, include a requirement that the paro-
21 lee comply with any restitution order and mandatory surcharge previously
22 imposed by a court of competent jurisdiction that applies to the paro-
23 lee. The [board of parole] conditions shall indicate which restitution
24 collection agency established under subdivision eight of section 420.10
25 of the criminal procedure law, shall be responsible for collection of
26 restitution and mandatory surcharge as provided for in section 60.35 of
27 the penal law and section eighteen hundred nine of the vehicle and traf-
28 fic law.
29 § 38-g. Section 259-j of the executive law, as separately amended by
30 section 10 of part F and section 1 of part N of chapter 62 of the laws
31 of 2003, the section heading, subdivisions 1, 3 and 4 as amended by
32 section 13 of part AAA of chapter 56 of the laws of 2009, subdivision
33 3-a as amended by chapter 486 of the laws of 2008 and subdivision 6 as
34 added by chapter 7 of the laws of 2007, is amended to read as follows:
35 § 259-j. [Merit termination of sentence and discharge from presumptive
36 release, parole, conditional release and release to post-release super-
37 vision. 1. The division of parole may grant to any person a merit termi-
38 nation of sentence from presumptive release, parole, conditional release
39 or release to post-release supervision prior to the expiration of the
40 full term or maximum term, provided it is determined by the division of
41 parole that such merit termination is in the best interests of society,
42 such person is not required to register as a sex offender pursuant to
43 article six-C of the correction law, and such person is not on presump-
44 tive release, parole, conditional release or release to post-release
45 supervision from a term of imprisonment imposed for any of the following
46 offenses, or for an attempt to commit any of the following offenses:
47 (a) a violent felony offense as defined in section 70.02 of the penal
48 law;
49 (b) murder in the first degree or murder in the second degree;
50 (c) an offense defined in article one hundred thirty of the penal law;
51 (d) unlawful imprisonment in the first degree, kidnapping in the first
52 degree, or kidnapping in the second degree, in which the victim is less
53 than seventeen years old and the offender is not the parent of the
54 victim;
55 (e) an offense defined in article two hundred thirty of the penal law
56 involving the prostitution of a person less than nineteen years old;
S. 2812--C 84 A. 4012--C
1 (f) disseminating indecent material to minors in the first degree or
2 disseminating indecent material to minors in the second degree;
3 (g) incest;
4 (h) an offense defined in article two hundred sixty-three of the penal
5 law;
6 (i) a hate crime as defined in section 485.05 of the penal law; or
7 (j) an offense defined in article four hundred ninety of the penal
8 law.
9 2. A merit termination granted by the division of parole under this
10 section shall constitute a termination of the sentence with respect to
11 which it was granted. No such merit termination shall be granted unless
12 the division of parole is satisfied that termination of sentence from
13 presumptive release, parole or from conditional release is in the best
14 interest of society, and that the parolee or releasee, otherwise finan-
15 cially able to comply with an order of restitution and the payment of
16 any mandatory surcharge previously imposed by a court of competent
17 jurisdiction, has made a good faith effort to comply therewith.
18 3. A merit termination of sentence may be granted after two years of
19 presumptive release, parole, conditional release or release to post-re-
20 lease supervision to a person serving a sentence for a class A felony
21 offense as defined in article two hundred twenty of the penal law. A
22 merit termination of sentence may be granted to all other eligible
23 persons after one year of presumptive release, parole, conditional
24 release or release to post-release supervision.
25 3-a. The division of parole must grant termination of sentence after
26 three years of unrevoked presumptive release or parole to a person serv-
27 ing an indeterminate sentence for a class A felony offense defined in
28 article two hundred twenty of the penal law, and must grant termination
29 of sentence after two years of unrevoked presumptive release or parole
30 to a person serving an indeterminate sentence for any other felony
31 offense defined in article two hundred twenty or two hundred twenty-one
32 of the penal law.
33 4] Discharge of sentence. 1. Except where a determinate sentence was
34 imposed for a felony other than a felony defined in article two hundred
35 twenty or article two hundred twenty-one of the penal law, if the board
36 of parole is satisfied that an absolute discharge from presumptive
37 release, parole, conditional release or release to a period of post-re-
38 lease supervision is in the best interests of society, the board may
39 grant such a discharge prior to the expiration of the full term or maxi-
40 mum term to any person who has been on unrevoked [presumptive release,
41 parole, conditional release or release to post-release] community super-
42 vision for at least three consecutive years. A discharge granted under
43 this section shall constitute a termination of the sentence with respect
44 to which it was granted. No such discharge shall be granted unless the
45 board [of parole] is satisfied that the parolee or releasee, otherwise
46 financially able to comply with an order of restitution and the payment
47 of any mandatory surcharge, sex offender registration fee or DNA data-
48 bank fee previously imposed by a court of competent jurisdiction, has
49 made a good faith effort to comply therewith.
50 [5] 2. The chairman of the board of parole shall promulgate rules and
51 regulations governing the issuance of [merit terminations of sentence
52 and] discharges from [presumptive release, parole and conditional
53 release] community supervision pursuant to this section to assure that
54 such [terminations and] discharges are consistent with public safety.
55 [6.] 3. Notwithstanding any other provision of this section to the
56 contrary, where a term of post-release supervision in excess of five
S. 2812--C 85 A. 4012--C
1 years has been imposed on a person convicted of a crime defined in arti-
2 cle one hundred thirty of the penal law, including a sexually motivated
3 felony, the [division] board of parole may grant a discharge from post-
4 release supervision prior to the expiration of the maximum term of post-
5 release supervision. Such a discharge may be granted only after the
6 person has served at least five years of post-release supervision, and
7 only to a person who has been on unrevoked post-release supervision for
8 at least three consecutive years. No such discharge shall be granted
9 unless the [division] board of parole[: (a)] or the department acting
10 pursuant to its responsibility under subdivision one of section two
11 hundred one of the correction law consults with any licensed psychol-
12 ogist, qualified psychiatrist, or other mental health professional who
13 is providing care or treatment to the supervisee; [(b)] and the board:
14 (a) determines that a discharge from post-release supervision is in the
15 best interests of society; and [(c)] (b) is satisfied that the supervi-
16 see, otherwise financially able to comply with an order of restitution
17 and the payment of any mandatory surcharge, sex offender registration
18 fee, or DNA data bank fee previously imposed by a court of competent
19 jurisdiction, has made a good faith effort to comply therewith. Before
20 making a determination to discharge a person from a period of post-re-
21 lease supervision, the [division] board of parole may request that the
22 commissioner of the office of mental health arrange a psychiatric evalu-
23 ation of the supervisee. A discharge granted under this section shall
24 constitute a termination of the sentence with respect to which it was
25 granted.
26 § 38-h. Section 259-jj of the executive law is REPEALED.
27 § 38-i. Section 259-k of the executive law, as added by chapter 904 of
28 the laws of 1977, subdivision 3 as amended by chapter 230 of the laws of
29 1986, and subdivision 4 as added by chapter 707 of the laws of 1992, is
30 amended to read as follows:
31 § 259-k. Access to records and institutions. 1. All case files shall
32 be maintained by the [division of parole] department for use by the
33 [division] department and board [of parole]. The [division] department
34 and board [of parole] and authorized officers and employees thereof
35 shall have complete access to such files and the board of parole shall
36 have the right to make such entries as the [division or] board of parole
37 shall deem appropriate in accordance with law.
38 2. The board shall make rules for the purpose of maintaining the
39 confidentiality of records, information contained therein and informa-
40 tion obtained in an official capacity by officers, employees or members
41 of the [division or] board of parole.
42 3. Members of the board and officers and employees of the [division]
43 department providing community supervision services and designated by
44 the [chairman] commissioner shall have free access to all inmates
45 confined in institutions under the jurisdiction of the department [of
46 correctional services], the office of children and family services and
47 the department of mental hygiene in order to enable them to perform
48 their functions, provided, however, that the department of mental
49 hygiene may temporarily restrict such access where it determines, for
50 significant clinical reasons, that such access would interfere with its
51 care and treatment of the mentally ill inmate. If under the provisions
52 of this subdivision an inmate is not accessible for release consider-
53 ation by the board, that inmate shall be scheduled to see the board in
54 the month immediately subsequent to the month within which he was not
55 available.
S. 2812--C 86 A. 4012--C
1 4. Upon a determination by the [division] department and board of
2 parole that [its] records regarding an individual presently under the
3 supervision of the [division and board] department are relevant to an
4 investigation of child abuse or maltreatment conducted by a child
5 protective service pursuant to title six of article six of the social
6 services law, the [division] department and board shall provide the
7 records determined to be relevant to the child protective service
8 conducting the investigation. The [division,] department and board shall
9 promulgate rules for the transmission of records required to be provided
10 under this section.
11 § 38-j. Section 259-l of the executive law, as added by chapter 904 of
12 the laws of 1977, is amended to read as follows:
13 § 259-l. Cooperation. 1. It shall be the duty of the commissioner of
14 [correctional services] corrections and community supervision to insure
15 that all officers and employees of the department [of correctional
16 services] shall at all times cooperate with the [division] board of
17 parole and shall furnish to such [division,] members of the board [of
18 parole and officers] and employees of the [division] board such informa-
19 tion as may be [necessary] appropriate to enable them to perform their
20 independent decision making functions. It is also his or her duty to
21 ensure that the functions of the board of parole are not hampered in
22 any way, including but not limited to: a restriction of resources
23 including staff assistance; limited access to vital information; and
24 presentation of inmate information in a manner that may inappropriately
25 influence the board in its decision making.
26 2. The official in charge of each institution wherein any person is
27 confined under a definite sentence of imprisonment, all officers and
28 employees thereof and all other public officials shall at all times
29 cooperate with the board of parole, and shall furnish to such board, its
30 officers and employees such information as may be required by the board
31 to perform its functions hereunder. The members of the board, its offi-
32 cers and employees shall at all times be given free access to all
33 persons confined in any such institution under such sentence and shall
34 be furnished with appropriate working space in such institution for such
35 purpose without charge therefor.
36 3. It shall be the duty of the clerk of the court, the commissioner of
37 mental hygiene and all probation officers and other appropriate offi-
38 cials to send such information as may be in their possession or under
39 their control to the chairman of the board [of parole] upon request in
40 order to facilitate the work of the board.
41 § 38-k. Section 259-p of the executive law is REPEALED.
42 § 38-k-1. Subdivisions 1, 2, 3, paragraph (b) of subdivision 4, and
43 subdivision 6 of section 259-q of the executive law, subdivisions 1, 2
44 and 6 as added by chapter 904 of the laws of 1977, and subdivision 3 as
45 amended and paragraph (b) of subdivision 4 as added by chapter 466 of
46 the laws of 1978, are amended to read as follows:
47 1. No civil action shall be brought in any court of the state, except
48 by the attorney general on behalf of the state, against any officer or
49 employee of the [division] board of parole or former division of parole,
50 in his personal capacity, for damages arising out of any act done or the
51 failure to perform any act within the scope of the employment and in the
52 discharge of the duties by such officer or employee.
53 2. Any claim for damages arising out of any act done or the failure to
54 perform any act within the scope of the employment and in the discharge
55 of the duties of any officer or employee of the [division] board of
S. 2812--C 87 A. 4012--C
1 parole or former division of parole shall be brought and maintained in
2 the court of claims as a claim against the state.
3 3. The state shall save harmless and indemnify any officer or employee
4 of the [division] board of parole or former division of parole from
5 financial loss resulting from a claim filed in a court of the United
6 States for damages arising out of an act done or the failure to perform
7 any act that was (a) within the scope of the employment and in the
8 discharge of the duties of such officer or employee, and (b) not done or
9 omitted with the intent to violate any rule or regulation of the divi-
10 sion or of any statute or governing case law of the state or of the
11 United States at the time the damages were sustained; provided that the
12 officer or employee shall comply with the provisions of subdivision four
13 of section seventeen of the public officers law.
14 (b) The provisions of this section shall not be construed in any way
15 to impair, modify or abrogate any immunity available to any officer or
16 employee of the [division] board of parole or former division of parole
17 under the statutory or decisional law of the state or the United States.
18 6. The benefits of subdivision three hereof shall inure only to offi-
19 cers and employees of the [division] board of parole or former division
20 of parole and shall not enlarge or diminish the rights of any other
21 party.
22 § 38-l. Section 259-r of the executive law, as added by chapter 55 of
23 the laws of 1992, the section heading as amended by section 1, paragraph
24 (b) of subdivision 1 as amended by section 3, subdivision 2 as amended
25 by section 4, and subdivision 4 as amended by section 5 of part J of
26 chapter 56 of the laws of 2009, paragraph (a) of subdivision 1 as
27 amended by section 3 of chapter 495 of the laws of 2009, and subdivision
28 3 as amended by chapter 503 of the laws of 1994, is amended to read as
29 follows:
30 § 259-r. Release on medical parole for terminally ill inmates. 1. (a)
31 The board shall have the power to release on medical parole any inmate
32 serving an indeterminate or determinate sentence of imprisonment who,
33 pursuant to subdivision two of this section, has been certified to be
34 suffering from a terminal condition, disease or syndrome and to be so
35 debilitated or incapacitated as to create a reasonable probability that
36 he or she is physically or cognitively incapable of presenting any
37 danger to society, provided, however, that no inmate serving a sentence
38 imposed upon a conviction for murder in the first degree or an attempt
39 or conspiracy to commit murder in the first degree shall be eligible for
40 such release, and provided further that no inmate serving a sentence
41 imposed upon a conviction for any of the following offenses shall be
42 eligible for such release unless in the case of an indeterminate
43 sentence he or she has served at least one-half of the minimum period of
44 the sentence and in the case of a determinate sentence he or she has
45 served at least one-half of the term of his or her determinate sentence:
46 murder in the second degree, manslaughter in the first degree, any
47 offense defined in article one hundred thirty of the penal law or an
48 attempt to commit any of these offenses. Solely for the purpose of
49 determining medical parole eligibility pursuant to this section, such
50 one-half of the minimum period of the indeterminate sentence and one-
51 half of the term of the determinate sentence shall not be credited with
52 any time served under the jurisdiction of the [state] department [of
53 correctional services] prior to the commencement of such sentence pursu-
54 ant to the opening paragraph of subdivision one of section 70.30 of the
55 penal law or subdivision two-a of section 70.30 of the penal law, except
S. 2812--C 88 A. 4012--C
1 to the extent authorized by subdivision three of section 70.30 of the
2 penal law.
3 (b) Such release shall be granted only after the board considers
4 whether, in light of the inmate's medical condition, there is a reason-
5 able probability that the inmate, if released, will live and remain at
6 liberty without violating the law, and that such release is not incom-
7 patible with the welfare of society and will not so deprecate the seri-
8 ousness of the crime as to undermine respect for the law, and shall be
9 subject to the limits and conditions specified in subdivision four of
10 this section. Except as set forth in paragraph (a) of this subdivision,
11 such release may be granted at any time during the term of an inmate's
12 sentence, notwithstanding any other provision of law.
13 (c) The board shall afford notice to the sentencing court, the
14 district attorney and the attorney for the inmate that the inmate is
15 being considered for release pursuant to this section and the parties
16 receiving notice shall have fifteen days to comment on the release of
17 the inmate. Release on medical parole shall not be granted until the
18 expiration of the comment period provided for in this paragraph.
19 2. (a) The commissioner [of correctional services], on the commission-
20 er's own initiative or at the request of an inmate, or an inmate's
21 spouse, relative or attorney, may, in the exercise of the commissioner's
22 discretion, direct that an investigation be undertaken to determine
23 whether a diagnosis should be made of an inmate who appears to be
24 suffering from a terminal condition, disease or syndrome. Any such
25 medical diagnosis shall be made by a physician licensed to practice
26 medicine in this state pursuant to section sixty-five hundred twenty-
27 four of the education law. Such physician shall either be employed by
28 the department [of correctional services], shall render professional
29 services at the request of the department [of correctional services], or
30 shall be employed by a hospital or medical facility used by the depart-
31 ment [of correctional services] for the medical treatment of inmates.
32 The diagnosis shall be reported to the commissioner [of correctional
33 services] and shall include but shall not be limited to a description of
34 the terminal condition, disease or syndrome suffered by the inmate, a
35 prognosis concerning the likelihood that the inmate will not recover
36 from such terminal condition, disease or syndrome, a description of the
37 inmate's physical or cognitive incapacity which shall include a predic-
38 tion respecting the likely duration of the incapacity, and a statement
39 by the physician of whether the inmate is so debilitated or incapaci-
40 tated as to be severely restricted in his or her ability to self-ambu-
41 late or to perform significant normal activities of daily living. This
42 report also shall include a recommendation of the type and level of
43 services and treatment the inmate would require if granted medical
44 parole and a recommendation for the types of settings in which the
45 services and treatment should be given.
46 (b) The commissioner, or the commissioner's designee, shall review the
47 diagnosis and may certify that the inmate is suffering from such termi-
48 nal condition, disease or syndrome and that the inmate is so debilitated
49 or incapacitated as to create a reasonable probability that he or she is
50 physically or cognitively incapable of presenting any danger to society.
51 If the commissioner does not so certify then the inmate shall not be
52 referred to the board [of parole] for consideration for release on
53 medical parole. If the commissioner does so certify, then the commis-
54 sioner shall, within seven working days of receipt of such diagnosis,
55 refer the inmate to the board [of parole] for consideration for release
56 on medical parole. However, no such referral of an inmate to the board
S. 2812--C 89 A. 4012--C
1 [of parole] shall be made unless the inmate has been examined by a
2 physician and diagnosed as having a terminal condition, disease or
3 syndrome as previously described herein at some time subsequent to such
4 inmate's admission to a facility operated by the department of correc-
5 tional services.
6 (c) When the commissioner refers an inmate to the board, the commis-
7 sioner shall provide an appropriate medical discharge plan [jointly]
8 established by the department [of correctional services and the division
9 of parole]. The department [of correctional services and the division of
10 parole are] is authorized to request assistance from the department of
11 health and from the county in which the inmate resided and committed his
12 or her crime, which shall provide assistance with respect to the devel-
13 opment and implementation of a discharge plan, including potential
14 placements of a releasee. The department [of correctional services, the
15 division of parole] and the department of health shall jointly develop
16 standards for the medical discharge plan that are appropriately adapted
17 to the criminal justice setting, based on standards established by the
18 department of health for hospital medical discharge planning. The board
19 may postpone its decision pending completion of an adequate discharge
20 plan, or may deny release based on inadequacy of the discharge plan.
21 3. Any certification by the commissioner or the commissioner's desig-
22 nee pursuant to this section shall be deemed a judicial function and
23 shall not be reviewable if done in accordance with law.
24 4. (a) Medical parole granted pursuant to this section shall be for a
25 period of six months.
26 (b) The board shall require as a condition of release on medical
27 parole that the releasee agree to remain under the care of a physician
28 while on medical parole and in a hospital established pursuant to arti-
29 cle twenty-eight of the public health law, a hospice established pursu-
30 ant to article forty of the public health law or any other placement
31 that can provide appropriate medical care as specified in the medical
32 discharge plan required by subdivision two of this section. The medical
33 discharge plan shall state that the availability of the placement has
34 been confirmed, and by whom. Notwithstanding any other provision of law,
35 when an inmate who qualifies for release under this section is cogni-
36 tively incapable of signing the requisite documentation to effectuate
37 the medical discharge plan and, after a diligent search no person has
38 been identified who could otherwise be appointed as the inmate's guardi-
39 an by a court of competent jurisdiction, then, solely for the purpose of
40 implementing the medical discharge plan, the facility health services
41 director at the facility where the inmate is currently incarcerated
42 shall be lawfully empowered to act as the inmate's guardian for the
43 purpose of effectuating the medical discharge.
44 (c) Where appropriate, the board shall require as a condition of
45 release that medical parolees be supervised on intensive caseloads at
46 reduced supervision ratios.
47 (d) The board shall require as a condition of release on medical
48 parole that the releasee undergo periodic medical examinations and a
49 medical examination at least one month prior to the expiration of the
50 period of medical parole and, for the purposes of making a decision
51 pursuant to paragraph (e) of this subdivision, that the releasee provide
52 the board with a report, prepared by the treating physician, of the
53 results of such examination. Such report shall specifically state wheth-
54 er or not the parolee continues to suffer from a terminal condition,
55 disease, or syndrome, and to be so debilitated or incapacitated as to be
S. 2812--C 90 A. 4012--C
1 severely restricted in his or her ability to self-ambulate or to perform
2 significant normal activities of daily living.
3 (e) Prior to the expiration of the period of medical parole the board
4 shall review the medical examination report required by paragraph (d) of
5 this subdivision and may again grant medical parole pursuant to this
6 section; provided, however, that the provisions of paragraph (c) of
7 subdivision one and subdivision two of this section shall not apply.
8 (f) If the updated medical report presented to the board states that a
9 parolee released pursuant to this section is no longer so debilitated or
10 incapacitated as to create a reasonable probability that he or she is
11 physically or cognitively incapable of presenting any danger to society
12 or if the releasee fails to submit the updated medical report then the
13 board may not make a new grant of medical parole pursuant to paragraph
14 (e) of this subdivision. Where the board has not granted medical parole
15 pursuant to such paragraph (e) the board shall promptly conduct through
16 one of its members, or cause to be conducted by a hearing officer desig-
17 nated by the board, a hearing to determine whether the releasee is
18 suffering from a terminal condition, disease or syndrome and is so
19 debilitated or incapacitated as to create a reasonable probability that
20 he or she is physically or cognitively incapable of presenting any
21 danger to society and does not present a danger to society. If the board
22 makes such a determination then it may make a new grant of medical
23 parole pursuant to the standards of paragraph (b) of subdivision one of
24 this section. At the hearing, the releasee shall have the right to
25 representation by counsel, including the right, if the releasee is
26 financially unable to retain counsel, to have the appropriate court
27 assign counsel in accordance with the county or city plan for represen-
28 tation placed in operation pursuant to article eighteen-B of the county
29 law.
30 (g) The hearing and determination provided for by paragraph (f) of
31 this subdivision shall be concluded within the six month period of
32 medical parole. If the board does not renew the grant of medical parole,
33 it shall order that the releasee be returned immediately to the custody
34 of the department [of correctional services].
35 (h) In addition to the procedures set forth in paragraph (f) of this
36 subdivision, medical parole may be revoked at any time upon any of the
37 grounds specified in paragraph (a) of subdivision three of section two
38 hundred fifty-nine-i of this article, and in accordance with the proce-
39 dures specified in subdivision three of section two hundred fifty-nine-i
40 of this article.
41 (i) A releasee who is on medical parole and who becomes eligible for
42 parole pursuant to the provisions of subdivision two of section two
43 hundred fifty-nine-i of this article shall be eligible for parole
44 consideration pursuant to such subdivision.
45 5. A denial of release on medical parole or expiration of medical
46 parole in accordance with the provisions of paragraph (f) of subdivision
47 four of this section shall not preclude the inmate from reapplying for
48 medical parole or otherwise affect an inmate's eligibility for any other
49 form of release provided for by law.
50 6. To the extent that any provision of this section requires disclo-
51 sure of medical information for the purpose of processing an application
52 or making a decision, regarding release on medical parole or renewal of
53 medical parole, or for the purpose of appropriately supervising a person
54 released on medical parole, and that such disclosure would otherwise be
55 prohibited by article twenty-seven-F of the public health law, the
56 provisions of this section shall be controlling.
S. 2812--C 91 A. 4012--C
1 7. The commissioner [of correctional services] and the chairman of the
2 board [of parole] shall be authorized to promulgate rules and regu-
3 lations for their respective agencies to implement the provisions of
4 this section.
5 8. Any decision made by the board pursuant to this section may be
6 appealed pursuant to subdivision four of section two hundred
7 fifty-nine-i of this article.
8 9. The chairman shall report annually to the governor, the temporary
9 president of the senate and the speaker of the assembly, the chair-
10 persons of the assembly and senate codes committees, the chairperson of
11 the senate crime and corrections committee, and the chairperson of the
12 assembly corrections committee the number of inmates who have applied
13 for medical parole; the number who have been granted medical parole; the
14 nature of the illness of the applicants, the counties to which they have
15 been released and the nature of the placement pursuant to the medical
16 discharge plan; the categories of reasons for denial for those who have
17 been denied; the number of releasees who have been granted an additional
18 period or periods of medical parole and the number of such grants; the
19 number of releasees on medical parole who have been returned to impri-
20 sonment in the custody of the department [of correctional services] and
21 the reasons for return.
22 § 38-l-l. Paragraph (a) of subdivision 1 of section 259-r of the exec-
23 utive law, as amended by section 4 of chapter 495 of the laws of 2009,
24 is amended to read as follows:
25 (a) The board shall have the power to release on medical parole any
26 inmate serving an indeterminate or determinate sentence of imprisonment
27 who, pursuant to subdivision two of this section, has been certified to
28 be suffering from a terminal condition, disease or syndrome and to be so
29 debilitated or incapacitated as to create a reasonable probability that
30 he or she is physically or cognitively incapable of presenting any
31 danger to society, provided, however, that no inmate serving a sentence
32 imposed upon a conviction for murder in the first degree or an attempt
33 or conspiracy to commit murder in the first degree shall be eligible for
34 such release, and provided further that no inmate serving a sentence
35 imposed upon a conviction for any of the following offenses shall be
36 eligible for such release unless in the case of an indeterminate
37 sentence he or she has served at least one-half of the minimum period of
38 the sentence and in the case of a determinate sentence he or she has
39 served at least one-half of the term of his or her determinate sentence:
40 murder in the second degree, manslaughter in the first degree, any
41 offense defined in article one hundred thirty of the penal law or an
42 attempt to commit any of these offenses. Solely for the purpose of
43 determining medical parole eligibility pursuant to this section, such
44 one-half of the minimum period of the indeterminate sentence and one-
45 half of the term of the determinate sentence shall not be credited with
46 any time served under the jurisdiction of the [state] department [of
47 correctional services] prior to the commencement of such sentence pursu-
48 ant to the opening paragraph of subdivision one of section 70.30 of the
49 penal law or subdivision two-a of section 70.30 of the penal law, except
50 to the extent authorized by subdivision three of section 70.30 of the
51 penal law.
52 § 38-m. Section 259-s of the executive law, as added by section 6 of
53 part J of chapter 56 of the laws of 2009, paragraph (a) of subdivision 1
54 as amended by chapter 495 of the laws of 2009, is amended to read as
55 follows:
S. 2812--C 92 A. 4012--C
1 § 259-s. Release on medical parole for inmates suffering significant
2 debilitating illnesses. 1. (a) The board shall have the power to release
3 on medical parole any inmate serving an indeterminate or determinate
4 sentence of imprisonment who, pursuant to subdivision two of this
5 section, has been certified to be suffering from a significant and
6 permanent non-terminal condition, disease or syndrome that has rendered
7 the inmate so physically or cognitively debilitated or incapacitated as
8 to create a reasonable probability that he or she does not present any
9 danger to society, provided, however, that no inmate serving a sentence
10 imposed upon a conviction for murder in the first degree or an attempt
11 or conspiracy to commit murder in the first degree shall be eligible for
12 such release, and provided further that no inmate serving a sentence
13 imposed upon a conviction for any of the following offenses shall be
14 eligible for such release unless in the case of an indeterminate
15 sentence he or she has served at least one-half of the minimum period of
16 the sentence and in the case of a determinate sentence he or she has
17 served at least one-half of the term of his or her determinate sentence:
18 murder in the second degree, manslaughter in the first degree, any
19 offense defined in article one hundred thirty of the penal law or an
20 attempt to commit any of these offenses. Solely for the purpose of
21 determining medical parole eligibility pursuant to this section, such
22 one-half of the minimum period of the indeterminate sentence and one-
23 half of the term of the determinate sentence shall not be credited with
24 any time served under the jurisdiction of the [state] department [of
25 correctional services] prior to the commencement of such sentence pursu-
26 ant to the opening paragraph of subdivision one of section 70.30 of the
27 penal law or subdivision two-a of section 70.30 of the penal law, except
28 to the extent authorized by subdivision three of section 70.30 of the
29 penal law.
30 (b) Such release shall be granted only after the board considers
31 whether, in light of the inmate's medical condition, there is a reason-
32 able probability that the inmate, if released, will live and remain at
33 liberty without violating the law, and that such release is not incom-
34 patible with the welfare of society and will not so deprecate the seri-
35 ousness of the crime as to undermine respect for the law, and shall be
36 subject to the limits and conditions specified in subdivision four of
37 this section. In making this determination, the board shall consider:
38 (i) the nature and seriousness of the inmate's crime; (ii) the inmate's
39 prior criminal record; (iii) the inmate's disciplinary, behavioral and
40 rehabilitative record during the term of his or her incarceration; (iv)
41 the amount of time the inmate must serve before becoming eligible for
42 release pursuant to section two hundred fifty-nine-i of this article;
43 (v) the current age of the inmate and his or her age at the time of the
44 crime; (vi) the recommendations of the sentencing court, the district
45 attorney and the victim or the victim's representative; (vii) the nature
46 of the inmate's medical condition, disease or syndrome and the extent of
47 medical treatment or care that the inmate will require as a result of
48 that condition, disease or syndrome; and (viii) any other relevant
49 factor. Except as set forth in paragraph (a) of this subdivision, such
50 release may be granted at any time during the term of an inmate's
51 sentence, notwithstanding any other provision of law.
52 (c) The board shall afford notice to the sentencing court, the
53 district attorney, the attorney for the inmate and, where necessary
54 pursuant to subdivision two of section two hundred fifty-nine-i of this
55 article, the crime victim, that the inmate is being considered for
56 release pursuant to this section and the parties receiving notice shall
S. 2812--C 93 A. 4012--C
1 have thirty days to comment on the release of the inmate. Release on
2 medical parole shall not be granted until the expiration of the comment
3 period provided for in this paragraph.
4 2. (a) The commissioner [of correctional services], on the commission-
5 er's own initiative or at the request of an inmate, or an inmate's
6 spouse, relative or attorney, may, in the exercise of the commissioner's
7 discretion, direct that an investigation be undertaken to determine
8 whether a diagnosis should be made of an inmate who appears to be
9 suffering from a significant and permanent non-terminal and incapacitat-
10 ing condition, disease or syndrome. Any such medical diagnosis shall be
11 made by a physician licensed to practice medicine in this state pursuant
12 to section sixty-five hundred twenty-four of the education law. Such
13 physician shall either be employed by the department [of correctional
14 services], shall render professional services at the request of the
15 department [of correctional services], or shall be employed by a hospi-
16 tal or medical facility used by the department [of correctional
17 services] for the medical treatment of inmates. The diagnosis shall be
18 reported to the commissioner [of correctional services] and shall
19 include but shall not be limited to a description of the condition,
20 disease or syndrome suffered by the inmate, a prognosis concerning the
21 likelihood that the inmate will not recover from such condition, disease
22 or syndrome, a description of the inmate's physical or cognitive inca-
23 pacity which shall include a prediction respecting the likely duration
24 of the incapacity, and a statement by the physician of whether the
25 inmate is so debilitated or incapacitated as to be severely restricted
26 in his or her ability to self-ambulate or to perform significant normal
27 activities of daily living. This report also shall include a recommenda-
28 tion of the type and level of services and treatment the inmate would
29 require if granted medical parole and a recommendation for the types of
30 settings in which the services and treatment should be given.
31 (b) The commissioner, or the commissioner's designee, shall review the
32 diagnosis and may certify that the inmate is suffering from such condi-
33 tion, disease or syndrome and that the inmate is so debilitated or inca-
34 pacitated as to create a reasonable probability that he or she is phys-
35 ically or cognitively incapable of presenting any danger to society. If
36 the commissioner does not so certify then the inmate shall not be
37 referred to the board [of parole] for consideration for release on
38 medical parole. If the commissioner does so certify, then the commis-
39 sioner shall, within seven working days of receipt of such diagnosis,
40 refer the inmate to the board [of parole] for consideration for release
41 on medical parole. However, no such referral of an inmate to the board
42 of parole shall be made unless the inmate has been examined by a physi-
43 cian and diagnosed as having a condition, disease or syndrome as previ-
44 ously described herein at some time subsequent to such inmate's admis-
45 sion to a facility operated by the department [of correctional
46 services].
47 (c) When the commissioner refers an inmate to the board, the commis-
48 sioner shall provide an appropriate medical discharge plan [jointly]
49 established by the department [of correctional services and the division
50 of parole]. The department [of correctional services and the division of
51 parole are] is authorized to request assistance from the department of
52 health and from the county in which the inmate resided and committed his
53 or her crime, which shall provide assistance with respect to the devel-
54 opment and implementation of a discharge plan, including potential
55 placements of a releasee. The department [of correctional services, the
56 division of parole] and the department of health shall jointly develop
S. 2812--C 94 A. 4012--C
1 standards for the medical discharge plan that are appropriately adapted
2 to the criminal justice setting, based on standards established by the
3 department of health for hospital medical discharge planning. The board
4 may postpone its decision pending completion of an adequate discharge
5 plan, or may deny release based on inadequacy of the discharge plan.
6 3. Any certification by the commissioner or the commissioner's desig-
7 nee pursuant to this section shall be deemed a judicial function and
8 shall not be reviewable if done in accordance with law.
9 4. (a) Medical parole granted pursuant to this section shall be for a
10 period of six months.
11 (b) The board shall require as a condition of release on medical
12 parole that the releasee agree to remain under the care of a physician
13 while on medical parole and in a hospital established pursuant to arti-
14 cle twenty-eight of the public health law, a hospice established pursu-
15 ant to article forty of the public health law or any other placement,
16 including a residence with family or others, that can provide appropri-
17 ate medical care as specified in the medical discharge plan required by
18 subdivision two of this section. The medical discharge plan shall state
19 that the availability of the placement has been confirmed, and by whom.
20 Notwithstanding any other provision of law, when an inmate who qualifies
21 for release under this section is cognitively incapable of signing the
22 requisite documentation to effectuate the medical discharge plan and,
23 after a diligent search no person has been identified who could other-
24 wise be appointed as the inmate's guardian by a court of competent
25 jurisdiction, then, solely for the purpose of implementing the medical
26 discharge plan, the facility health services director at the facility
27 where the inmate is currently incarcerated shall be lawfully empowered
28 to act as the inmate's guardian for the purpose of effectuating the
29 medical discharge.
30 (c) Where appropriate, the board shall require as a condition of
31 release that medical parolees be supervised on intensive caseloads at
32 reduced supervision ratios.
33 (d) The board shall require as a condition of release on medical
34 parole that the releasee undergo periodic medical examinations and a
35 medical examination at least one month prior to the expiration of the
36 period of medical parole and, for the purposes of making a decision
37 pursuant to paragraph (e) of this subdivision, that the releasee provide
38 the board with a report, prepared by the treating physician, of the
39 results of such examination. Such report shall specifically state wheth-
40 er or not the parolee continues to suffer from a significant and perma-
41 nent non-terminal and debilitating condition, disease, or syndrome, and
42 to be so debilitated or incapacitated as to be severely restricted in
43 his or her ability to self-ambulate or to perform significant normal
44 activities of daily living.
45 (e) Prior to the expiration of the period of medical parole the board
46 shall review the medical examination report required by paragraph (d) of
47 this subdivision and may again grant medical parole pursuant to this
48 section; provided, however, that the provisions of paragraph (c) of
49 subdivision one and subdivision two of this section shall not apply.
50 (f) If the updated medical report presented to the board states that a
51 parolee released pursuant to this section is no longer so debilitated or
52 incapacitated as to create a reasonable probability that he or she is
53 physically or cognitively incapable of presenting any danger to society
54 or if the releasee fails to submit the updated medical report then the
55 board may not make a new grant of medical parole pursuant to paragraph
56 (e) of this subdivision. Where the board has not granted medical parole
S. 2812--C 95 A. 4012--C
1 pursuant to such paragraph (e) the board shall promptly conduct through
2 one of its members, or cause to be conducted by a hearing officer desig-
3 nated by the board, a hearing to determine whether the releasee is
4 suffering from a significant and permanent non-terminal and incapacitat-
5 ing condition, disease or syndrome and is so debilitated or incapaci-
6 tated as to create a reasonable probability that he or she is physically
7 or cognitively incapable of presenting any danger to society and does
8 not present a danger to society. If the board makes such a determination
9 then it may make a new grant of medical parole pursuant to the standards
10 of paragraph (b) of subdivision one of this section. At the hearing, the
11 releasee shall have the right to representation by counsel, including
12 the right, if the releasee is financially unable to retain counsel, to
13 have the appropriate court assign counsel in accordance with the county
14 or city plan for representation placed in operation pursuant to article
15 eighteen-B of the county law.
16 (g) The hearing and determination provided for by paragraph (f) of
17 this subdivision shall be concluded within the six month period of
18 medical parole. If the board does not renew the grant of medical parole,
19 it shall order that the releasee be returned immediately to the custody
20 of the department of correctional services.
21 (h) In addition to the procedures set forth in paragraph (f) of this
22 subdivision, medical parole may be revoked at any time upon any of the
23 grounds specified in paragraph (a) of subdivision three of section two
24 hundred fifty-nine-i of this article, and in accordance with the proce-
25 dures specified in subdivision three of section two hundred fifty-nine-i
26 of this article.
27 (i) A releasee who is on medical parole and who becomes eligible for
28 parole pursuant to the provisions of subdivision two of section two
29 hundred fifty-nine-i of this article shall be eligible for parole
30 consideration pursuant to such subdivision.
31 5. A denial of release on medical parole or expiration of medical
32 parole in accordance with the provisions of paragraph (f) of subdivision
33 four of this section shall not preclude the inmate from reapplying for
34 medical parole or otherwise affect an inmate's eligibility for any other
35 form of release provided for by law.
36 6. To the extent that any provision of this section requires disclo-
37 sure of medical information for the purpose of processing an application
38 or making a decision, regarding release on medical parole or renewal of
39 medical parole, or for the purpose of appropriately supervising a person
40 released on medical parole, and that such disclosure would otherwise be
41 prohibited by article twenty-seven-F of the public health law, the
42 provisions of this section shall be controlling.
43 7. The commissioner [of correctional services] and the chair of the
44 board [of parole] shall be authorized to promulgate rules and regu-
45 lations for their respective agencies to implement the provisions of
46 this section.
47 8. Any decision made by the board pursuant to this section may be
48 appealed pursuant to subdivision four of section two hundred
49 fifty-nine-i of this article.
50 9. The chair of the board shall report annually to the governor, the
51 temporary president of the senate and the speaker of the assembly, the
52 chairpersons of the assembly and senate codes committees, the chair-
53 person of the senate crime and corrections committee, and the chair-
54 person of the assembly corrections committee the number of inmates who
55 have applied for medical parole under this section; the number who have
56 been granted medical parole; the nature of the illness of the appli-
S. 2812--C 96 A. 4012--C
1 cants, the counties to which they have been released and the nature of
2 the placement pursuant to the medical discharge plan; the categories of
3 reasons for denial for those who have been denied; the number of releas-
4 ees who have been granted an additional period or periods of medical
5 parole and the number of such grants; the number of releasees on medical
6 parole who have been returned to imprisonment in the custody of the
7 department [of correctional services] and the reasons for return.
8 § 39. Transfer of employees. Notwithstanding any other provision of
9 law, rule, or regulation to the contrary, upon the transfer of functions
10 from the department of correctional services, the division of parole and
11 the state board of parole pursuant to this act, all employees of the
12 department of correctional services, the division of parole and the
13 state board of parole shall be transferred to the department of
14 corrections and community supervision. Employees transferred pursuant to
15 this section shall be transferred without further examination or quali-
16 fication and shall retain their respective civil service classifica-
17 tions, status and collective bargaining unit designations and collective
18 bargaining agreements.
19 § 40. Transfer of records. All books, papers, and property of the
20 department of correctional services, the division of parole and the
21 state board of parole shall be deemed to be in the possession of the
22 commissioner of the department of corrections and community supervision.
23 All books, papers, and property of the department of correctional
24 services, the division of parole and the state board of parole shall
25 continue to be maintained by the department of corrections and community
26 supervision.
27 § 41. Continuity of authority. For the purpose of succession of all
28 functions, powers, duties and obligations transferred and assigned to,
29 devolved upon and assumed by it pursuant to this act, the department of
30 corrections and community supervision shall be deemed and held to
31 constitute the continuation of the department of correctional services,
32 the division of parole and the state board of parole.
33 § 42. Completion of unfinished business. Any business or other matter
34 undertaken or commenced by the department of correctional services, the
35 division of parole or the state board of parole pertaining to or
36 connected with the functions, powers, obligations and duties hereby
37 transferred and assigned to the department of corrections and community
38 supervision and pending on the effective date of this act, may be
39 conducted and completed by the department of corrections and community
40 supervision or the board of parole in the same manner and under the same
41 terms and conditions and with the same effect as if conducted and
42 completed by the department of corrections, the division of parole or
43 the state board of parole.
44 § 43. Continuation of rules and regulations. All rules, regulations,
45 acts, orders, determinations, and decisions of the department of correc-
46 tional services, the division of parole and the state board of parole
47 pertaining to the functions and powers transferred and assigned pursuant
48 to this act, in force at the time of such transfer and assumption, shall
49 continue in full force and effect as rules, regulations, acts, orders,
50 determinations and decisions of the department of corrections and commu-
51 nity supervision or the board of parole until duly modified or abrogated
52 by the commissioner of the department of corrections and community
53 supervision or the chairman of the board of parole, as appropriate.
54 § 44. Terms occurring in laws, contracts and other documents. Whenever
55 the department of correctional services, the division of parole or the
56 board of parole, or the chairman or commissioner thereof, is referred to
S. 2812--C 97 A. 4012--C
1 or designated in any law, contract or document pertaining to the func-
2 tions, powers, obligations and duties hereby transferred to and assigned
3 to the department of corrections and community supervision or the
4 commissioner of the department of corrections and community supervision,
5 such reference or designation shall be deemed to refer to the department
6 of corrections and community supervision or the commissioner of the
7 department of corrections and community supervision, as applicable.
8 § 45. Existing rights and remedies preserved. No existing right or
9 remedy of any character shall be lost, impaired or affected by any
10 provisions of this act.
11 § 46. Pending actions and proceedings. No action or proceeding pending
12 at the time when this act shall take effect, brought by or against the
13 department of correctional services, the division of parole or the state
14 board of parole, or the chairman or commissioner thereof, shall be
15 affected by any provision of this act, but the same may be prosecuted or
16 defended in the name of the commissioner of the department of
17 corrections and community supervision or the department of corrections
18 and community supervision. In all such actions and proceedings, the
19 commissioner of the department of corrections and community supervision,
20 upon application of the court, shall be substituted as a party.
21 § 47. Transfer of appropriations heretofore made. All appropriations
22 or reappropriations heretofore made to the department of correctional
23 services, the division of parole or the state board of parole to the
24 extent of remaining unexpended or unencumbered balance thereof, whether
25 allocated or unallocated and whether obligated or unobligated, are here-
26 by transferred to and made available for use and expenditure by the
27 department of corrections and community supervision subject to the
28 approval of the director of the budget for the same purposes for which
29 originally appropriated or reappropriated and shall be payable on vouch-
30 ers certified or approved by the commissioner of the department of
31 corrections and community supervision on audit and warrant of the comp-
32 troller.
33 § 48. Transfer of assets and liabilities. All assets and liabilities
34 of the department of correctional services, the division of parole and
35 the state board of parole are hereby transferred to and assumed by the
36 department of corrections and community supervision.
37 § 49. This act shall take effect immediately, provided, however:
38 (a) that the amendments to subdivision 18 of section 2 of the
39 correction law made by section one-a of this act shall be subject to the
40 expiration and reversion of such subdivision pursuant to chapter 55 of
41 the laws of 1992, as amended, when upon such date the provisions of
42 section two of this act shall take effect;
43 (b) that the amendments to section 8 of the correction law made by
44 section six of this act shall not affect the expiration of such section
45 and shall be deemed to expire therewith;
46 (c) that the amendments to subdivision 9 of section 201 of the
47 correction law as added by section thirty-two of this act shall remain
48 in effect until September 1, 2013, when it shall expire and be deemed
49 repealed;
50 (d) that the amendments to paragraph c of subdivision 7 of section
51 500-b of the correction law made by section thirty-six of this act shall
52 not affect the repeal of such section and shall be deemed repealed ther-
53 ewith;
54 (e) the amendments to subdivision 1 of section 259-c of the executive
55 law made by section thirty-eight-b of this act shall not affect the
56 expiration of such subdivision and shall be deemed to expire therewith;
S. 2812--C 98 A. 4012--C
1 (f) the amendments to subdivision 4 of section 259-c of the executive
2 law made by section thirty-eight-b of this act shall take effect six
3 months after it shall have become a law;
4 (g) the amendments to paragraph (a) of subdivision 1 of section 259-r
5 of the executive law made by section thirty-eight-1 of this act shall be
6 subject to the expiration and reversion of such paragraph pursuant to
7 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
8 date the provisions of section thirty-eight-1-1 shall take effect;
9 (h) section sixteen-a of this act shall take effect six months after
10 it shall have become a law; and
11 (i) any employee covered by section two hundred fifty-nine-q of the
12 executive law prior to the effective date of section thirty-eight-k-1 of
13 this act shall be entitled to any benefits or rights provided by such
14 section of the executive law arising out of any act or failure to act
15 occurring before such effective date.
16 SUBPART B
17 Section 1. Section 15-b of the correction law, as added by chapter 670
18 of the laws of 1935, is amended to read as follows:
19 § 15-b. Education. The present director of vocational education shall
20 be the director of education with the powers and duties of the director
21 of education and hereafter shall be appointed by the commissioner. The
22 director of education, at any time appointed, shall be a person whose
23 education, training and experience shall cover fields of penology and of
24 professional education. The educational qualifications shall include the
25 satisfactory completion of three years of graduate work in education,
26 penology, and allied fields. The head of the division of education shall
27 have the direct supervision of all educational work in the department of
28 [correction] corrections and community supervision and shall have full
29 authority to visit and inspect all institutions of the department to
30 observe, study, organize, and develop the educational activities of such
31 institutions in harmony with the general educational program of the
32 department. He or she shall be responsible to the commissioner and depu-
33 ty commissioner [of correction] designated by the commissioner.
34 § 2. Intentionally omitted.
35 § 3. Intentionally omitted.
36 § 4. Section 20 of the correction law is amended to read as follows:
37 § 20. Library. A library shall be provided in the department [of
38 correction] containing the leading books on parole, probation and other
39 correctional activities, together with reports and other documents on
40 correlated topics of criminology and social work.
41 § 5. Section 23 of the correction law, as amended by chapter 476 of
42 the laws of 1970 and as renumbered by chapter 475 of the laws of 1970,
43 is amended to read as follows:
44 § 23. Transfer of inmates from one correctional facility to another;
45 treatment in outside hospitals. 1. The commissioner [of correction]
46 shall have the power to transfer inmates from one correctional facility
47 to another. Whenever the transfer of inmates from one correctional
48 facility to another shall be ordered by the commissioner [of
49 correction], the superintendent of the facility from which the inmates
50 are transferred shall take immediate steps to make the transfer. The
51 transfer shall be in accordance with rules and regulations promulgated
52 by the department for the safe delivery of such inmates to the desig-
53 nated facility.
S. 2812--C 99 A. 4012--C
1 2. The commissioner [of correction], in his or her discretion, may by
2 written order permit inmates to receive medical diagnosis and treatment
3 in outside hospitals, upon the recommendation of the superintendent or
4 director that such outside treatment or diagnosis is necessary by reason
5 of inadequate facilities within the institution. Such inmates shall
6 remain under the jurisdiction and in the custody of the department while
7 in said outside hospital and said superintendent or director shall
8 enforce proper measures in each case to safely maintain such jurisdic-
9 tion and custody.
10 3. The cost of transporting inmates between facilities and to outside
11 hospitals shall be paid from funds appropriated to the department [of
12 correction] for such purpose.
13 § 6. Paragraph (b) of subdivision 3 and subdivisions 7 and 8 of
14 section 70 of the correction law, paragraph (b) of subdivision 3 as
15 amended by chapter 261 of the laws of 1987, subdivisions 7 and 8 as
16 added by chapter 476 of the laws of 1970, are amended to read as
17 follows:
18 (b) A correctional camp or a shock incarceration correctional facility
19 may be established by the department (i) upon land controlled and desig-
20 nated by the commissioner [of correctional services], or (ii) on land
21 controlled and designated by the commissioner of parks, recreation and
22 historic preservation or, in the sixth park region, by the commissioner
23 of environmental conservation.
24 7. The commissioner [of correction] shall have the authority to enter
25 into leases within the amount appropriated therefor, for the purpose of
26 maintaining or establishing any correctional facility or any adjunct
27 thereto.
28 8. The commissioner [of correction] is authorized to enter into
29 contracts, within the amount appropriated therefor, with any university,
30 social agency or qualified person to render professional services to any
31 correctional facility.
32 § 7. Section 72-a of the correction law, as added by chapter 554 of
33 the laws of 1986, is amended to read as follows:
34 § 72-a. Community treatment facilities. 1. Transfer of eligible
35 inmate. Notwithstanding the provisions of section seventy-two of this
36 chapter, any inmate confined in a correctional facility who is an
37 "eligible inmate" as defined by subdivision two of section eight hundred
38 fifty-one of this chapter and has been certified by the division of
39 substance abuse services as being in need of substance abuse treatment
40 and rehabilitation may be transferred by the commissioner to a community
41 treatment facility.
42 2. Designation of facilities. A community treatment facility shall be
43 designated by the director of the division of substance abuse services
44 and the commissioner. Such facility shall be operated by a provider or
45 sponsoring agency that has provided approved residential substance abuse
46 treatment services for at least two years duration.
47 3. Operating standards. The commissioner, after consultation with the
48 director of the division of substance abuse services, shall promulgate
49 rules and regulations which provide for minimum standards of operation,
50 including but not limited to the following:
51 (a) provision for adequate security and protection of the surrounding
52 community;
53 (b) adequate physical plant standards;
54 (c) provisions for adequate program services, staffing, and record
55 keeping; and
56 (d) provision for the general welfare of the inmates.
S. 2812--C 100 A. 4012--C
1 4. [Parole] Community supervision. The department shall [contract
2 with the division of parole] provide for the provision of [parole]
3 community supervision services. [Pursuant to such contract, all] All
4 inmates residing in a community treatment facility shall be assigned to
5 parole officers for supervision. Such parole officers shall be responsi-
6 ble [to the division of parole] for [the purpose of] providing such
7 supervision. [As part of its supervisory functions the division shall be
8 required to provide reports to the department every two months on each
9 inmate under its supervision. Such reports shall include, but not be
10 limited to:
11 (a) an evaluation of the inmate's participation in such program; and
12 (b) a statement of any problems relative to an inmate's participation
13 in such program and the manner in which such problems were resolved; and
14 (c) a recommendation with respect to the inmate's continued partic-
15 ipation in the program.]
16 5. Reports. The department and the division of substance abuse
17 services shall jointly issue quarterly reports including a description
18 of those facilities [which] that have been designated as community
19 treatment facilities, the number of inmates confined in each facility, a
20 description of the programs within each facility, and the number of
21 absconders, if any, as well as the nature and number of re-arrests, if
22 any, during the [individuals' parole] individual's period of community
23 supervision. Copies of such reports, as well as copies of any inspection
24 report issued by the department or the commission [on] of correction
25 shall be sent to the director of the budget, the chairman of the senate
26 finance [comittee] committee, the chairman of the senate crime and
27 correction committee, the chairman of the assembly ways and means
28 [comittee] committee and the chairman of the assembly committee on
29 codes.
30 6. Reimbursement. (a) The commissioner, in consultation with the
31 director of the division of substance abuse services, shall enter into
32 an agreement with the division of substance abuse services whereby the
33 division of substance abuse services will contract with community treat-
34 ment facilities for provision of services pursuant to this section with-
35 in amounts made available by the department. Each contract shall provide
36 for frequent visitation, inspection of the facility, and enforcement of
37 the minimum standards and shall authorize the supervision of inmates
38 residing in a community treatment facility by parole officers.
39 (b) The commissioner shall promulgate rules and regulations specifying
40 those costs related to the general operation of community treatment
41 facilities [which] that shall be eligible for reimbursement. Such eligi-
42 ble costs shall not include debt service, whether principal or interest,
43 or costs for which state or federal aid or reimbursement is otherwise
44 available. Such rules and regulations shall be subject to the approval
45 of the director of the budget.
46 (c) The [division] department shall not contract for [provisions]
47 provision of services to more than fifty inmates at any one facility.
48 (d) At least thirty days prior to final approval of any such contract,
49 a copy of the proposed contract shall be sent to the director of the
50 budget, the chairman of the senate finance committee, the chairman of
51 the senate crime and correction committee, the chairman of the assembly
52 ways and means committee, and the chairman of the assembly committee on
53 codes.
54 § 8. Section 73 of the correction law, as added by chapter 476 of the
55 laws of 1970, subdivision 6 as amended by chapter 843 of the laws of
56 1980, is amended to read as follows:
S. 2812--C 101 A. 4012--C
1 § 73. Residential treatment facilities. 1. The commissioner may
2 transfer any inmate of a correctional facility who is eligible for
3 [parole] community supervision or who will become eligible for [parole]
4 community supervision within six months after the date of transfer or
5 who has one year or less remaining to be served under his or her
6 sentence to a residential treatment facility and such person may be
7 allowed to go outside the facility during reasonable and necessary hours
8 to engage in any activity reasonably related to his or her rehabili-
9 tation and in accordance with the program established for him or her.
10 While outside the facility he or she shall be at all times in the custo-
11 dy of the department [of correction] and under [the] its supervision [of
12 the state division of parole].
13 2. The [division of parole] department shall be responsible for secur-
14 ing appropriate education, on-the-job training and employment for
15 inmates transferred to residential treatment facilities. The [division]
16 department also shall supervise such inmates during their participation
17 in activities outside any such facility and at all times while they are
18 outside any such facility.
19 3. Programs directed toward the rehabilitation and total reintegration
20 into the community of persons transferred to a residential treatment
21 facility shall be established [jointly by the department of correction
22 and the division of parole]. Each inmate shall be assigned a specific
23 program by the superintendent of the facility and a written memorandum
24 of such program shall be delivered to him or her.
25 4. If at any time the superintendent of a residential treatment facil-
26 ity is of the opinion that any aspect of the program assigned to an
27 individual is inconsistent with the welfare or safety of the community
28 or of the facility or its inmates, the superintendent may suspend such
29 program or any part thereof and restrict the inmate's activities in any
30 manner that is necessary and appropriate. Upon taking such action the
31 superintendent shall promptly notify the commissioner [of correction]
32 and pending decision by the commissioner, the superintendent may keep
33 such inmate under such security as may be necessary.
34 5. The commissioner may at any time and for any reason transfer an
35 inmate from a residential treatment facility to another correctional
36 facility. [The chairman of the state board of parole may request the
37 commissioner of correction to transfer a person out of a residential
38 treatment facility if at any time the chairman is of the opinion that
39 such person should no longer be allowed to follow a program that permits
40 him to engage in activities in the community. Upon receipt of any such
41 request, the commissioner shall forthwith transfer the inmate to a
42 correctional facility other than a residential treatment facility.]
43 6. Where a person who is an inmate of a residential treatment facility
44 absconds, or fails to return thereto as specified in the program
45 approved for him or her, he or she may be arrested and returned by an
46 officer or employee of the department [of correction or the division of
47 parole] or by any peace officer, acting pursuant to his or her special
48 duties, or police officer without a warrant; or a member of the board of
49 parole or an officer [of the division of parole] designated by such
50 board may issue a warrant for the retaking of such person. A warrant
51 issued pursuant to this subdivision shall have the same force and
52 effect, and shall be executed in the same manner, as a warrant issued
53 for violation of [parole] community supervision.
54 7. The provisions of this chapter relating to good behavior allowances
55 and conditional release shall apply to behavior of inmates while
56 assigned to a residential treatment facility for behavior on the prem-
S. 2812--C 102 A. 4012--C
1 ises and outside the premises of such facility and good behavior allow-
2 ances may be granted, withheld, forfeited or cancelled in whole or in
3 part for behavior outside the premises of the facility to the same
4 extent and in the same manner as is provided for inmates within the
5 premises of any facility.
6 8. The state board of parole may grant parole to any inmate of a resi-
7 dential treatment facility at any time after he or she becomes eligible
8 therefor. Such parole shall be in accordance with provisions of law that
9 would apply if the person were still confined in the facility from which
10 he or she was transferred, except that any personal appearance before
11 the board may be at any place designated by the board.
12 9. The earnings of any inmate of a residential treatment facility
13 shall be dealt with in accordance with the procedure set forth in
14 section eight hundred [fifty-seven] sixty of this chapter.
15 10. The commissioner [of correction and the chairman of the board of
16 parole are] is authorized to [enter into an agreement for the] use [of]
17 any residential treatment facility as a residence for persons who are on
18 [parole or conditional release, and persons under supervision of the
19 board of parole] community supervision. Persons who reside in such a
20 facility shall be subject to conditions of [parole or release] community
21 supervision imposed by the board.
22 § 9. Subdivision 3 of section 90 of the correction law, as added by
23 chapter 478 of the laws of 1970, is amended to read as follows:
24 3. To expand the use of programs designed to bridge the gap between
25 incarceration and activities in the community, through the use of insti-
26 tutions operated by local government as facilities for residential
27 treatment of persons in the custody of the state department of
28 [correction] corrections and community supervision.
29 § 10. Section 91 of the correction law, as added by chapter 478 of the
30 laws of 1970, is amended to read as follows:
31 § 91. Agreements for custody of definite sentence inmates. 1. The
32 state commissioner of [correction] corrections and community supervision
33 may enter into an agreement with any county or with the city of New York
34 to provide for custody by the state department of [correction]
35 corrections and community supervision of persons who receive definite
36 sentences of imprisonment with terms in excess of ninety days who other-
37 wise would serve such sentences in the jail, workhouse, penitentiary or
38 other local correctional institution maintained by such locality.
39 2. Any such agreement, except one that is made with the city of New
40 York, may be made with the sheriff, warden, superintendent, local
41 commissioner of correction or other person in charge of such county
42 institution and shall be subject to the approval of the chief executive
43 officer of the county. An agreement made with the city of New York may
44 be made with the commissioner of correction of that city and shall be
45 subject to the approval of the mayor.
46 3. An agreement made under this section shall not require the locality
47 to pay the cost of treatment, maintenance and custody furnished by the
48 state department of [correction] corrections and community supervision
49 and shall contain at least the following provisions:
50 (a) A provision specifying the minimum length of the term of imprison-
51 ment of persons who may be received by the state department of
52 [correction] corrections and community supervision under the agreement,
53 which may be any term in excess of ninety days agreed to by the parties
54 and which need not be the same in each agreement;
55 (b) A provision that no charge will be made to the state or to the
56 state department of [correction] corrections and community supervision
S. 2812--C 103 A. 4012--C
1 or to any of its institutions during the pendency of such agreement for
2 delivery of inmates to the state department of [correction] corrections
3 and community supervision by officers of the locality, and that the
4 provisions of section six hundred two of this chapter or of any similar
5 law shall not apply for delivery of inmates during such time;
6 (c) A provision that no charge shall be made to or shall be payable by
7 the state during the pendency of such agreement for the expense of main-
8 taining parole violators pursuant to section two hundred sixteen of this
9 chapter, for the expense of maintaining coram nobis prisoners pursuant
10 to section six hundred one-b of this chapter, for the expense of main-
11 taining felony prisoners pursuant to section six hundred one-c of this
12 chapter, or for the expense of maintaining alternative local reformatory
13 inmates pursuant to section eight hundred thirty-five in institutions
14 maintained by the locality;
15 (d) A provision, approved by the state comptroller, for reimbursement
16 of the state department of [correction] corrections and community super-
17 vision by the locality for expenses incurred under subdivision two or
18 three of section one hundred twenty-five of this chapter relating to
19 clothing, money and transportation furnished upon release or discharge
20 of inmates delivered to the state department of [correction] corrections
21 and community supervision pursuant to the agreement;
22 (e) Designation of the correctional facility or facilities to which
23 persons under sentences covered by the agreement are to be delivered;
24 (f) Any other provision the state commissioner of [correction]
25 corrections and community supervision may deem necessary or appropriate;
26 and
27 (g) A provision giving either party the right to cancel the agreement
28 by giving the other party notice in writing, with cancellation to become
29 effective on such date as may be specified in such notice.
30 4. A copy of such agreement shall be filed with the secretary of state
31 and with the clerk of each court having jurisdiction to impose sentences
32 covered by the agreement in the county or city to which it applies.
33 § 11. Section 92 of the correction law, as added by chapter 478 of the
34 laws of 1970, is amended to read as follows:
35 § 92. Effect of agreement for custody of definite sentence inmates. 1.
36 After a copy of an agreement made under section ninety-one of this arti-
37 cle is filed with the secretary of state, all commitments under
38 sentences covered by the agreement by courts in the county or city to
39 which it applies shall be deemed to be to the custody of the state
40 department of [correction] corrections and community supervision and
41 shall be so construed and interpreted irrespective of the institution or
42 agency to which the commitments are made.
43 2. Any inmate who is serving a term of imprisonment covered by the
44 agreement imposed prior to the filing of such agreement, and any inmate
45 who is under consecutive definite sentences of imprisonment with an
46 aggregate term of the length covered by the agreement, irrespective of
47 whether one or more of such sentences was imposed prior to the filing of
48 the agreement, may be transferred to the care of the state department of
49 [correction] corrections and community supervision upon request of the
50 head of the county or city institution and approval of the state commis-
51 sioner of [correction] corrections and community supervision.
52 3. Inmates who are deemed committed to the custody of the state
53 department of [correction] corrections and community supervision under
54 subdivision one of this section, or who may be transferred to the care
55 of the state department of [correction] corrections and community super-
56 vision under subdivision two of this section, shall be dealt with in all
S. 2812--C 104 A. 4012--C
1 respects in the same manner as inmates committed to the custody of the
2 state department of [correction] corrections and community supervision.
3 4. In the event any such agreement is cancelled, inmates delivered to
4 the state department of [correction] corrections and community super-
5 vision prior to the date of cancellation shall continue to serve their
6 sentences in the custody of such department and the provisions of such
7 agreement shall continue to apply with respect to such inmates. A copy
8 of the notice of cancellation shall be filed with the secretary of state
9 and with the clerks of courts in the manner provided in subdivision four
10 of section ninety-one of this article, and no inmates shall be delivered
11 to the custody of the state department of [correction] corrections and
12 community supervision under such agreement after the date on which such
13 cancellation becomes effective.
14 § 12. Section 93 of the correction law, as added by chapter 478 of the
15 laws of 1970, is amended to read as follows:
16 § 93. Temporary custody of sentenced inmates in emergencies. 1. When-
17 ever a state of emergency shall be declared by the chief executive offi-
18 cer of a local government pursuant to section two hundred nine-m of the
19 general municipal law, the chief executive officer of the county in
20 which such state of emergency is declared, or where a county or counties
21 are wholly within a city the mayor of such city, may request the gover-
22 nor to remove all or any number of sentenced inmates from institutions
23 maintained by such county or city. Upon receipt of such request, if the
24 governor is satisfied that the public interest so requires, the governor
25 may, in his discretion, authorize and direct the state commissioner of
26 [correction] corrections and community supervision to remove such
27 inmates.
28 2. Upon receipt of any such direction the state commissioner of
29 [correction] corrections and community supervision shall transport such
30 inmates to any correctional facility in the department and such inmates
31 shall be retained in the custody of the department, subject to all laws
32 and rules and regulations pertaining to inmates in the custody of the
33 department, until returned to the institution from which they were
34 removed or discharged or released in accordance with the law.
35 3. In the event that the state department of [correction] corrections
36 and community supervision does not have space in its correctional facil-
37 ities to accommodate all or any number of the inmates so removed from a
38 local institution, the commissioner [of correction] shall have the power
39 to lodge any number of such inmates in any county jail, workhouse or
40 penitentiary within the state that has room to receive them and such
41 institution shall be required to receive such inmates. Inmates so lodged
42 shall be subject to all rules and regulations pertaining to inmates
43 committed to such institution until returned to the institution from
44 which they were removed, or removed to a state correctional facility, or
45 discharged or released in accordance with the law; provided, however,
46 that inmates discharged or released from any such local institution
47 shall be entitled to receive clothing, money and transportation from the
48 state department of [correction] corrections and community supervision
49 to the same extent as inmates discharged or released from a state
50 correctional facility.
51 4. When sentenced inmates have been removed from a penitentiary pursu-
52 ant to this section, such penitentiary may be used for the purpose of
53 detention of prisoners awaiting trial or for any other purpose to which
54 a county jail may be put.
55 5. The original order of commitment and any other case record pertain-
56 ing to inmates removed pursuant to this section shall be delivered to
S. 2812--C 105 A. 4012--C
1 the head of any institution in which he or she may be lodged and shall
2 be returned to the institution from which he or she was removed at the
3 time of his return to such institution or upon his or her release or
4 discharge in accordance with the law.
5 6. Inmates removed from a local institution pursuant to a request made
6 under subdivision one of this section may be returned to such institu-
7 tion by the state commissioner of [correction] corrections and community
8 supervision, subject to the approval of the governor, at any time such
9 commissioner is satisfied that the return of such inmates is not incon-
10 sistent with the public interest.
11 7. The county or city maintaining the institution from which inmates
12 are removed pursuant to subdivision one of this section shall be liable
13 for all damages arising out of any act performed pursuant to this
14 section and for reimbursement for the following items:
15 (a) The cost of clothing, money and transportation furnished to any
16 inmate who is released or discharged prior to the return of such inmate
17 to the institution from which he or she is removed shall be paid to the
18 state department of [correction] corrections and community supervision;
19 and
20 (b) The cost of maintaining any inmate in a county jail, workhouse or
21 penitentiary shall be paid to the local government that maintains such
22 institution. Such cost shall be the actual per capita daily cost, as
23 certified to the state commissioner of [correction] corrections and
24 community supervision.
25 § 13. Section 94 of the correction law, as added by chapter 478 of the
26 laws of 1970, is amended to read as follows:
27 § 94. Use of local government institutions for residential treatment
28 of persons under the custody of the state department of [correction]
29 corrections and community supervision. 1. The state commissioner of
30 [correction] corrections and community supervision is hereby authorized
31 to transfer any inmate under the care or custody of the department who
32 is eligible to be transferred to a residential treatment facility under
33 section seventy-three of this chapter to any county jail, workhouse or
34 penitentiary for the purpose of having such inmate engage in a residen-
35 tial treatment facility program; provided, however, that:
36 (a) Such inmate has resided or was employed or has dependents or
37 parents who reside in the county, or in a county that is contiguous to
38 the county, in which the institution to which he would be transferred is
39 located;
40 (b) Arrangements have been made for the education, on-the-job train-
41 ing, employment or for some other rehabilitative treatment of such
42 inmate in the county, or in a county that is contiguous to the county,
43 in which the institution to which he would be transferred is located;
44 and
45 (c) The sheriff, warden, superintendent, local commissioner of
46 correction or other person in charge of the institution to which the
47 inmate would be transferred consents to such transfer.
48 2. An inmate so transferred shall continue to be in the custody of the
49 state department of [correction] corrections and community supervision
50 but shall, during the period of such transfer, be in the care of the
51 head of the institution to which he or she is transferred. The
52 provisions of section seventy-three of this chapter shall apply in the
53 case of any such transfer as fully and completely as if the inmate were
54 transferred to a residential treatment facility, and the head of the
55 institution to which the inmate is transferred and the officers and
56 employees thereof shall have and may exercise all of the powers of the
S. 2812--C 106 A. 4012--C
1 superintendent of a residential treatment facility with respect to the
2 care or custody of such inmate.
3 In any case where an inmate is employed, however, the provisions of
4 subdivision nine of such section seventy-three shall not apply and the
5 wages or salary of such inmate shall be dealt with under the provisions
6 applicable to a work release program in the type of institution to which
7 he is transferred as provided in sections one hundred fifty-four, eight
8 hundred seventy-two or eight hundred ninety-three as the case may be;
9 and in the event such inmate is returned to a state correctional facili-
10 ty, any balance remaining in the trust fund account shall be paid over
11 to the superintendent of such facility and shall be deposited by him or
12 her as inmates' funds pursuant to section one hundred sixteen of this
13 chapter.
14 3. If at any time the head of a local institution to which an inmate
15 is transferred under this section is of the opinion that continued care
16 of such inmate in such institution is inconsistent with the welfare or
17 safety of the community or of the institution or its inmates, he or she
18 may request the state commissioner to return such inmate to a state
19 correctional facility and, upon the receipt of any such request, the
20 commissioner shall cause such inmate to be so returned promptly and at
21 the expense of the state department of [correction] corrections and
22 community supervision.
23 4. The expenses of any such transfer shall be paid by the state
24 department of [correction] corrections and community supervision and the
25 commissioner is hereby authorized to reimburse the local institution for
26 a sum determined by the head of such institution and agreed to in
27 advance by the [state] commissioner [of correction] to be the cost of
28 food, lodging and clothing within the institution, and the actual and
29 necessary food, travel and other expenses required for a program outside
30 the institution, incurred or advanced by the institution; provided,
31 however, that:
32 (a) In any case where the [state] commissioner [of correction] has a
33 pending agreement with a locality under section ninety-one of this arti-
34 cle, the [commmissioner of correction] commissioner shall not reimburse
35 the local institution for any cost incurred for food, lodging and cloth-
36 ing within the institution; and
37 (b) The wages or salary, if any, of such inmate shall be used for such
38 reimbursement and shall be applied to defray any costs authorized to be
39 paid under this section before any amount shall be paid by the commis-
40 sioner [of correction] hereunder, and any such wages or salary may be so
41 applied irrespective of the provisions of paragraph (a) of this subdivi-
42 sion.
43 § 14. Section 116 of the correction law, as amended by section 42 of
44 part A-1 of chapter 56 of the laws of 2010, is amended to read as
45 follows:
46 § 116. Inmates' funds. The warden or superintendent of each of the
47 institutions within the jurisdiction of the department of [correction]
48 corrections and community supervision shall deposit at least once in
49 each week to his or her credit as such warden, or superintendent, in
50 such bank or banks as may be designated by the comptroller, all the
51 moneys received by him or her as such warden, or superintendent, as
52 inmates' funds, and send to the comptroller and also to the commissioner
53 [of correction] monthly, a statement showing the amount so received and
54 deposited. Such statement of deposits shall be certified by the proper
55 officer of the bank receiving such deposit or deposits. The warden, or
56 superintendent, shall also verify by his or her affidavit that the sum
S. 2812--C 107 A. 4012--C
1 so deposited is all the money received by him or her as inmates' funds
2 during the month. Any bank in which such deposits shall be made shall,
3 before receiving any such deposits, file a bond with the comptroller of
4 the state, subject to his or her approval, for such sum as he or she
5 shall deem necessary. Upon a certificate of approval issued by the
6 director of the budget, pursuant to the provisions of section fifty-
7 three of the state finance law, the amount of interest, if any, hereto-
8 fore accrued and hereafter to accrue on moneys so deposited, heretofore
9 and hereafter credited to the warden, or superintendent, by the bank
10 from time to time, shall be available for expenditure by the warden, or
11 superintendent, subject to the direction of the commissioner, for
12 welfare work among the inmates in his custody. The withdrawal of moneys
13 so deposited by such warden, or superintendent, as inmates' funds,
14 including any interest so credited, shall be subject to his or her
15 check. Each warden, or superintendent, shall each month provide the
16 comptroller and also the commissioner with a record of all withdrawals
17 from inmates' funds. As used in this section, the term "inmates' funds"
18 means the funds in the possession of the inmate at the time of his or
19 her admission into the institution, funds earned by him or her as
20 provided in section one hundred eighty-seven of this chapter and any
21 other funds received by him or her or on his or her behalf and deposited
22 with such warden or superintendent in accordance with the rules and
23 regulations of the commissioner. Whenever the total unencumbered value
24 of funds in an inmate's account exceeds ten thousand dollars, the super-
25 intendent shall give written notice to the office of victim services.
26 § 15. Subdivision 2 of section 120 of the correction law, as added by
27 chapter 202 of the laws of 2007, is amended to read as follows:
28 2. Nothing in this section shall limit in any way the authority of the
29 commissioner, or any county or the city of New York, to enter into any
30 contract authorized by subdivision eighteen of section two, section
31 seventy-two-a, section seventy-three, section ninety-five, article
32 five-A or article twenty-six of this chapter, or to limit the responsi-
33 bility of the [state division of parole] department of corrections and
34 community supervision to supervise inmates or [parolees] persons
35 released to community supervision while away from an institution pursu-
36 ant to section seventy-two-a, section seventy-three or article twenty-
37 six of this chapter or while confined at a drug treatment campus as
38 defined in subdivision twenty of section two of this chapter.
39 § 16. Section 140-a of the correction law, as added by section 2 of
40 part UU of chapter 56 of the laws of 2009, is amended to read as
41 follows:
42 § 140-a. Pilot project for filing medical assistance applications for
43 inmates prior to their release. 1. Subject to the availability of an
44 appropriation of no less than two hundred thousand dollars, the commis-
45 sioner, after consultation with the chairman of the [division] state
46 board of parole, the commissioner of the department of health, and the
47 commissioner of the office of temporary and disability assistance, shall
48 establish a pilot program at a designated correctional facility for the
49 purpose of filing applications for enrollment in the medical assistance
50 program established under title eleven of article five of the social
51 services law for eligible inmates prior to their release to the communi-
52 ty; provided, however, that the commissioner shall not establish such
53 pilot program at the Orleans correctional facility. For purposes of this
54 pilot program, eligible inmates shall not include any inmates who were
55 receiving such medical assistance immediately prior to their commitment
56 to the department and whose medical assistance was thereafter suspended
S. 2812--C 108 A. 4012--C
1 pursuant to the provisions of subdivision one-a of section three hundred
2 sixty-six of the social services law.
3 2. In determining the facility where the pilot program shall be estab-
4 lished, the commissioner shall give due consideration to the following
5 factors, which shall include, but not be limited to: (i) the degree to
6 which pre-release services and re-entry services are either already
7 available at such facility or can be made readily available at such
8 facility; (ii) the proximity of the facility to the communities to which
9 the eligible inmates will be released; (iii) the availability of commu-
10 nity linkages which would facilitate the preparation and submission of
11 such medical assistance applications for eligible inmates; and (iv) the
12 recommendations of the commissioner of the office of temporary and disa-
13 bility assistance, the commissioner of the department of health and the
14 chairman of the [division] state board of parole.
15 3. The commissioner may use the appropriation for this pilot program
16 to establish one or more department positions to perform any responsi-
17 bilities [which] that may arise in connection with the preparation and
18 submission of such medical assistance applications. The commissioner may
19 also use the appropriation to enter into any contract with one or more
20 outside individuals or entities to provide any services that may be
21 needed in connection with this pilot program. Further, all or a portion
22 of the funds appropriated for the pilot program may be transferred to
23 another state agency in order to establish positions to perform any
24 responsibilities which may be necessary to operate the pilot program.
25 4. Applications for medical assistance shall be submitted to the
26 statewide enrollment center established by contract with the department
27 of health pursuant to subdivision twenty-four of section two hundred six
28 of the public health law in sufficient time before the anticipated
29 release, conditional release or discharge of the eligible inmate to
30 permit the enrollment center to process the application prior to such
31 inmate's release from the custody; provided, however, that where the
32 eligible inmate will be released to the same county where the pilot
33 program is established, the application for medical assistance may be
34 filed with the local county department of social services.
35 5. Upon receipt of an application filed pursuant to this section, the
36 centralized statewide enrollment center shall determine the eligibility
37 of such inmate for enrollment in the medical assistance program estab-
38 lished under title eleven of article five of the social services law.
39 Such determination shall be based on whether the inmate, except for his
40 or her status as an inmate, would be eligible to receive medical assist-
41 ance. Notwithstanding any inconsistent provision of law, enrollment in
42 the medical assistance program shall be effective on the date an eligi-
43 ble inmate is released, conditionally released or discharged from custo-
44 dy in a department facility to the community. The commissioner, the
45 commissioner of the state department of health and the chairman of the
46 state [division] board of parole shall determine the process for issuing
47 the medical assistance identification card so that the applicant will
48 receive appropriate documentation of [his/her] his or her eligibility of
49 medical assistance either upon release or as soon thereafter as practi-
50 cable.
51 6. After the pilot program becomes operational, the commissioner shall
52 periodically monitor all indicators related to the preparation and proc-
53 essing of inmate applications which shall include, but not be limited
54 to: (i) the degree to which all of the requisite information for an
55 application can be obtained while the inmate is incarcerated by the
56 department; (ii) the average processing times to prepare and complete
S. 2812--C 109 A. 4012--C
1 applications; (iii) the most effective manner for the transmittal of a
2 completed application for an eligibility determination; (iv) the average
3 amount of time required before an eligibility determination can be
4 completed and the necessary medical assistance eligibility card is
5 provided to the eligible individual; and (v) the identification of
6 issues and factors which may prevent, impede, or delay the preparation
7 and submission of applications, which could be ameliorated by modifica-
8 tions to existing laws, rules and regulations, or policies and proce-
9 dures.
10 7. After the pilot program has been operational for a period of twelve
11 months, or sooner if determined to be appropriate by the commissioner, a
12 report shall be prepared by the commissioner and submitted to the gover-
13 nor, the temporary president of the senate and the speaker of the assem-
14 bly on the factors listed in subdivision six of this section. Such
15 report shall also include any recommendations for additional legislative
16 enactments that may be needed, or new appropriations that may be
17 required, to improve, enhance and subsequently expand the program to
18 other correctional facilities as determined to be appropriate by the
19 commissioner, with the ultimate goal to assist as many inmates as feasi-
20 ble to submit applications for medical assistance prior to their release
21 to the community.
22 8. The [division] state board of parole shall assist the department in
23 any manner necessary to assure that the purposes and objective of this
24 section are effectively accomplished.
25 9. The commissioner and the commissioner of the department of health
26 may promulgate rules and regulations necessary for the uniform and time-
27 ly preparation, submission, acceptance and processing of applications by
28 eligible inmates prior to their release from custody.
29 § 17. Section 148 of the correction law, as amended by chapter 81 of
30 the laws of 1964, is amended to read as follows:
31 § 148. Psychiatric and diagnostic clinics. The commissioner of
32 [correction and the chairman of the board of parole are] corrections and
33 community supervision is hereby authorized and directed to assist and
34 cooperate with the commissioner of mental [hygiene] health in the estab-
35 lishment and conduct of such psychiatric and diagnostic clinics in the
36 institutions and facilities under their jurisdiction as such commission-
37 ers [and chairman] may deem necessary within the amount appropriated
38 therefor. The persons conducting the work of such clinics shall deter-
39 mine the physical and mental condition of all inmates serving an inde-
40 terminate term, having a minimum of one day and a maximum of natural
41 life, and of such other inmates whose criminal record, behavior or other
42 factors indicate to those in charge of such clinics the need of study
43 and treatment. The work of the clinics shall include scientific study
44 and psychiatric evaluation of each such inmate, including his or her
45 career and life history, investigation of the cause of the crime and
46 recommendations for the care, training and employment of such inmates
47 with a view to their reformation and to the protection of society. Each
48 of the different phases of the work of the clinics shall be so coordi-
49 nated with all the other phases of clinic work as to be a part of a
50 unified and comprehensive scheme in the study and treatment of such
51 inmates. After classification in the clinics the inmate sentenced to
52 state prison shall be certified to the warden and recommendation made to
53 the commissioner of [correction] corrections and community supervision
54 as to their disposition.
55 § 18. Section 168-g of the correction law, as added by chapter 192 of
56 the laws of 1995, is amended to read as follows:
S. 2812--C 110 A. 4012--C
1 § 168-g. Prior convictions; duty to inform and register. 1. The
2 [division of parole] department or [department] office of probation and
3 correctional alternatives in accordance with risk factors pursuant to
4 section one hundred sixty-eight-l of this article shall determine the
5 duration of registration and notification for every sex offender who on
6 the effective date of this article is then on [parole] community super-
7 vision or probation for an offense provided for in subdivision two or
8 three of section one hundred sixty-eight-a of this article.
9 2. Every sex offender who on the effective date of this article is
10 then on [parole] community supervision or probation for an offense
11 provided for in subdivision two or three of section one hundred sixty-
12 eight-a of this article shall within ten calendar days of such determi-
13 nation register with his parole or probation officer. On each anniver-
14 sary of the sex offender's initial registration date thereafter, the
15 provisions of section one hundred sixty-eight-f of this article shall
16 apply. Any sex offender who fails or refuses to so comply shall be
17 subject to the same penalties as otherwise provided for in this article
18 which would be imposed upon a sex offender who fails or refuses to so
19 comply with the provisions of this article on or after such effective
20 date.
21 3. It shall be the duty of the parole or probation officer to inform
22 and register such sex offender according to the requirements imposed by
23 this article. A parole or probation officer shall give one copy of the
24 form to the sex offender and shall, within three calendar days, send two
25 copies electronically or otherwise to the [division] department which
26 shall forward one copy electronically or otherwise to the law enforce-
27 ment agency having jurisdiction where the sex offender resides upon his
28 [parole] or her community supervision, probation, or [upon any form of
29 state or] local conditional release.
30 4. A petition for relief from this section is permitted to any sex
31 offender required to register while released [on parole] to community
32 supervision or probation pursuant to section one hundred sixty-eight-o
33 of this article.
34 § 19. Subdivision 1 of section 168-1 of the correction law, as added
35 by chapter 192 of the laws of 1995, is amended to read as follows:
36 1. There shall be a board of examiners of sex offenders which shall
37 possess the powers and duties hereinafter specified. Such board shall
38 consist of five members appointed by the governor. [Three members who]
39 All members shall be employees of the department and shall be experts in
40 the field of the behavior and treatment of sex offenders [shall be
41 employees of the division of parole and the remaining two members shall
42 be from the department]. The term of office of each member of such board
43 shall be for six years; provided, however, that any member chosen to
44 fill a vacancy occurring otherwise than by expiration of term shall be
45 appointed for the remainder of the unexpired term of the member whom he
46 or she is to succeed. In the event of the inability to act of any
47 member, the governor may appoint some competent informed person to act
48 in his or her stead during the continuance of such disability.
49 § 20. Section 168-m of the correction law, as amended by chapter 453
50 of the laws of 1999, is amended to read as follows:
51 § 168-m. Review. Notwithstanding any other provision of law to the
52 contrary, any state or local correctional facility, hospital or institu-
53 tion, district attorney, law enforcement agency, probation department,
54 [division] state board of parole, court or child protective agency shall
55 forward relevant information pertaining to a sex offender to be
56 discharged, paroled, released to post-release supervision or released to
S. 2812--C 111 A. 4012--C
1 the board for review no later than one hundred twenty days prior to the
2 release or discharge and the board shall make recommendations as
3 provided in subdivision six of section one hundred sixty-eight-l of this
4 article within sixty days of receipt of the information. Information may
5 include, but may not be limited to all or a portion of the arrest file,
6 prosecutor's file, probation or parole file, child protective file,
7 court file, commitment file, medical file and treatment file pertaining
8 to such person. Such person shall be permitted to submit to the board
9 any information relevant to the review. Upon application of the sex
10 offender or the district attorney, the court shall seal any portion of
11 the board's file pertaining to the sex offender [which] that contains
12 material that is confidential under any state or federal law; provided,
13 however, that in any subsequent proceedings in which the sex offender
14 who is the subject of the sealed record is a party and which requires
15 the board to provide a recommendation to the court pursuant to this
16 article, such sealed record shall be available to the sex offender, the
17 district attorney, the court and the attorney general where the attorney
18 general is a party, or represents a party, in the proceeding.
19 § 21. Subdivision 1 of section 184 of the correction law, as amended
20 by chapter 166 of the laws of 1991, is amended to read as follows:
21 1. The commissioner [of correctional services] is authorized and
22 directed to cause to be manufactured or prepared by the inmates in the
23 state correctional facilities, such articles as are needed and used
24 therein, and also, such articles as are required by the state or poli-
25 tical subdivisions thereof, and in the buildings, offices and public
26 institutions owned or managed and controlled by the state, including
27 articles and materials to be used in the erection of the buildings, and
28 including material for the construction, improvement or repair of high-
29 ways, streets and roads.
30 § 22. Subdivisions 1 and 3 of section 186 of the correction law,
31 subdivision 1 as amended by chapter 166 of the laws of 1991 and subdivi-
32 sion 3 as amended by chapter 83 of the laws of 1995, are amended to read
33 as follows:
34 1. The commissioner [of correctional services] shall establish the
35 prices at which all services performed, and all articles manufactured in
36 the correctional facilities in this state, and furnished to the state,
37 or the political subdivisions thereof, or to the public institutions
38 thereof, or to public benefit corporations, authorities or commissions.
39 However, prices for goods or services furnished by the local correction-
40 al facilities to or for the county in which they are located, or the
41 political subdivisions thereof, shall be fixed by the board of supervi-
42 sors of such counties, except the counties located within New York city,
43 in which the prices shall be fixed by the commissioner [of correction].
44 It shall also be the duty of such boards, respectively, to classify the
45 buildings, offices and institutions owned or managed and controlled by
46 the state, and the political subdivisions thereof, and to fix and deter-
47 mine the styles, patterns, designs and qualities of the articles to be
48 manufactured for such buildings, offices and public institutions, except
49 where the same have been fixed or their specifications approved by the
50 office of general services in the executive department. So far as prac-
51 ticable, all supplies used in such buildings, offices and public insti-
52 tutions shall be uniform for each class, and of the styles, patterns,
53 designs and qualities that can be manufactured in the correctional
54 facilities in this state.
55 3. A purchaser of any such product or services may, at any time prior
56 to or within thirty days of the time of sale, appeal the purchase price
S. 2812--C 112 A. 4012--C
1 on the basis that it unreasonably exceeds fair market price. Such
2 appeal shall be raised in a form to be provided for by the commissioner
3 pursuant to rule and shall include a verified statement setting forth
4 the basis of an alternative fair market price determined according to
5 the standards for establishing prices set forth in subdivision two of
6 this section.
7 An appeal brought by such a purchaser as to the reasonableness of the
8 fair market price established pursuant to subdivision two of this
9 section shall be decided by majority vote of a three-member price review
10 board consisting of the director of the budget, the commissioner [of
11 correctional services] and the commissioner of the office of general
12 services or their representatives.
13 All hearings before such price review board shall be governed by the
14 rules to be adopted and prescribed by such board. The hearings of such
15 board may, in the discretion of a majority of its members, be open to
16 the public, but shall not be bound by the technical rules of evidence.
17 The price review board shall permit the parties to such an appeal to
18 present such evidence, in person or through their attorneys, as the
19 board may deem necessary for its determination. A stenographic record
20 shall be kept of any proceeding before such board and the decision of
21 the board shall be in writing and state the reasons for such decision.
22 The decision of such board as to the reasonableness of the price
23 established by the commissioner shall be conclusive on all parties. If
24 the board finds that a price unreasonably exceeds the fair market price,
25 it may adjust the sales price with respect to such purchaser. Prices so
26 adjusted shall otherwise apply prospectively to purchases made subse-
27 quent to such adjustment until such time as new prices are established
28 pursuant to subdivision two of this section. In the event that payment
29 has been made, upon such adjustment of price, any excess paid to the
30 state shall be refunded to such purchaser on a voucher signed by the
31 commissioner within amounts available therefor or at the option of the
32 purchaser, the commissioner may credit such excess amount toward any
33 future purchase.
34 § 23. Section 190 of the correction law is amended to read as follows:
35 § 190. Monthly statement of receipts and expenditures for industries.
36 The warden of each of the state prisons shall, on the first of each
37 month, make a full detailed statement of all materials, machinery or
38 other property procured, and of the cost thereof, and of the expendi-
39 tures made during the last preceding month for manufacturing purposes,
40 together with a statement of all materials then on hand to be manufac-
41 tured, or in process of manufacture, or manufactured, and of machinery,
42 fixtures or other appurtenances for the purpose of carrying on the labor
43 of the prisoners, and the amount and kinds of work done, and the earn-
44 ings realized, and the total amount of moneys coming into his or her
45 hands as such warden during such last preceding month as the proceeds of
46 the labor of the prisoners at such prison, which statement shall be
47 verified by the oath of such warden to be just and true, and shall be by
48 him or her forwarded to the department [of correction].
49 § 24. Subdivisions 1 and 2 of section 275 of the correction law, as
50 added by section 1 of part SS of chapter 56 of the laws of 2009, are
51 amended to read as follows:
52 1. If a person who has been granted conditional release pursuant to
53 this article resides or desires to reside in a place other than the one
54 located within the jurisdiction of the commission which has legal custo-
55 dy of such person, such commission, or any member thereof, may designate
56 any other commission established pursuant to this article, or the
S. 2812--C 113 A. 4012--C
1 [parole board] department, to assume custody of such person and may so
2 transfer custody upon the consent of such other commission or the
3 [parole board] department.
4 2. Where custody of a person who has been granted conditional release
5 pursuant to this article is transferred pursuant to subdivision one of
6 this section, upon designation and prior to transfer, the commission
7 making the designation shall notify the commission which has been desig-
8 nated to receive custody of such transfer or the [parole board] depart-
9 ment. The commission making the designation shall immediately forward
10 its entire case record regarding such person to the receiving commission
11 or the [parole board] department. The commission to which legal custody
12 has been transferred, or the [parole board] department, shall assume the
13 same powers and duties exercised by the designating commission and shall
14 have the sole custody of such person.
15 § 25. Section 315 of the correction law is REPEALED.
16 § 26. Article 17 of the correction law is REPEALED.
17 § 27. Article 18 of the correction law is REPEALED.
18 § 28. Subdivisions 2 and 3 of section 504 of the correction law,
19 subdivision 2 as amended by section 8 of part Q of chapter 56 of the
20 laws of 2009 and subdivision 3 as amended by chapter 799 of the laws of
21 1974, are amended to read as follows:
22 2. Where the jail in a county becomes unfit or unsafe for the confine-
23 ment of some or all of the inmates due to an inmate disturbance or other
24 extraordinary circumstances, including but not limited to a natural
25 disaster, unanticipated deficiencies in the structural integrity of a
26 facility or the inability to provide one or more inmates with essential
27 services such as medical care, upon the request of the municipal offi-
28 cial as defined in subdivision four of section forty of this chapter and
29 no other suitable place within the county nor the jail of any other
30 county is immediately available to house some or all of the inmates, the
31 commissioner of [correctional services] corrections and community super-
32 vision may, in his or her sole discretion, make available, upon such
33 terms and conditions as he or she may deem appropriate, all or any part
34 of a state correctional institution for the confinement of some or all
35 of such inmates as an adjunct to the county jail for a period not to
36 exceed thirty days. However, if the county jail remains unfit or unsafe
37 for the confinement of some or all of such inmates beyond thirty days,
38 the state commission of correction, with the consent of the commissioner
39 of [correctional services] corrections and community supervision, may
40 extend the availability of a state correctional institution for one or
41 more additional thirty day periods. The state commission of correction
42 shall promulgate rules and regulations governing the temporary transfer
43 of inmates to state correctional institutions from county jails, includ-
44 ing but not limited to provisions for confinement of such inmates in the
45 nearest correctional facility, to the maximum extent practicable, taking
46 into account necessary security. The commissioner of [correctional
47 services] corrections and community supervision may, in his or her sole
48 discretion, based on standards promulgated by the department, determine
49 whether a county shall reimburse the state for any or all of the actual
50 costs of confinement as approved by the director of the division of the
51 budget. On or before the expiration of each thirty day period, the state
52 commission of correction must make an appropriate designation pursuant
53 to subdivision one if the county jail remains unfit or unsafe for the
54 confinement of some or all of the inmates and consent to the continued
55 availability of a state correctional institution as required for herein.
56 The superintendence, management and control of a state correctional
S. 2812--C 114 A. 4012--C
1 institution or part thereof made available pursuant hereto and the
2 inmates housed therein shall be as directed by the commissioner of
3 [correctional services] corrections and community supervision.
4 3. The county clerk must serve a copy of the designation, duly certi-
5 fied by him or her, under his or her official seal, on the sheriff and
6 keeper of the jail of the county designated. The sheriff of that county
7 must, upon the delivery of the sheriff of the county for which the
8 designation is made, receive into his or her jail, and there safely
9 keep, all persons who may be lawfully confined therein, pursuant to this
10 article; and he or she is responsible for their safekeeping, as if he or
11 she was sheriff of the county for which the designation is made.
12 § 29. The opening paragraph, subdivisions 2, 3, 4 and 6 of section
13 601-d of the correction law, as added by chapter 141 of the laws of
14 2008, are amended to read as follows:
15 This section shall apply only to inmates in the custody of the commis-
16 sioner, and releasees under the supervision of the [division of parole]
17 department, upon whom a determinate sentence was imposed between Septem-
18 ber first, nineteen hundred ninety-eight, and the effective date of this
19 section, which was required by law to include a term of post-release
20 supervision:
21 2. Whenever it shall appear to the satisfaction of the department that
22 an inmate in its custody[,] or [to the satisfaction of the division of
23 parole] that a releasee under its supervision, is a designated person,
24 [such agency] the department shall make notification of that fact to the
25 court that sentenced such person, and to the inmate or releasee.
26 3. If a sentencing court that has received such notice, after review-
27 ing the sentencing minutes, if available, is or becomes aware that a
28 term of post-release supervision was in fact pronounced at the prior
29 sentencing of such person, it shall issue a superseding commitment order
30 reflecting that fact, accompanied by a written explanation of the basis
31 for that conclusion, and send such order and explanation to the [agency
32 that provided the notice] department, to the defendant, and to the
33 attorney who appeared for the defendant in connection with the judgment
34 or sentence or, if the defendant is currently represented concerning his
35 or her conviction or sentence or with respect to an appeal from his or
36 her sentence, such present counsel.
37 4. (a) If the sentencing court shall not have issued a superseding
38 commitment order, reflecting imposition of a term of post-release super-
39 vision, within ten days after receiving notice pursuant to subdivision
40 two of this section, then the sentencing court shall appoint counsel
41 pursuant to section seven hundred twenty-two of the county law, provide
42 a copy of the notice pursuant to subdivision two of this section to such
43 counsel, and calendar such person for a court appearance which shall
44 occur no later than twenty days after receipt of said notice. At such
45 court appearance, the court shall furnish a copy of such notice and the
46 proceeding date pursuant to paragraph (c) of this subdivision to the
47 district attorney, the designated person, assigned counsel and the
48 department [or the division of parole].
49 (b) The court shall promptly seek to obtain sentencing minutes, plea
50 minutes and any other records and shall provide copies to the parties
51 and conduct any reconstruction proceedings that may be necessary to
52 determine whether to resentence such person.
53 (c) The court shall commence a proceeding to consider resentence no
54 later than thirty days after receiving notice pursuant to subdivision
55 two of this section.
S. 2812--C 115 A. 4012--C
1 (d) The court shall, no later than forty days after receipt of such
2 notice, issue and enter a written determination and order, copies of
3 which shall be immediately provided to the district attorney, the desig-
4 nated person, his or her counsel and the department [or the division of
5 parole] along with any sentencing minutes pursuant to section 380.70 of
6 the criminal procedure law.
7 (e) The designated person may, with counsel, knowingly consent to
8 extend the time periods specified in paragraphs (c) and (d) of this
9 subdivision. The people may apply to the court for an extension of ten
10 days on the basis of extraordinary circumstances that preclude final
11 resolution within such period of the question of whether the defendant
12 will be resentenced. The department [or the division of parole] shall be
13 notified by the court of any such extension.
14 6. In any case in which the department [or division of parole] noti-
15 fies the court of a designated person, and has not been informed that
16 the court has made a determination in accordance with paragraph (d) of
17 subdivision four of this section (unless extended pursuant to paragraph
18 (e) of such subdivision), [then such agency] the department may notify
19 the court that it has not received a determination and, in any event,
20 shall adjust its records with respect to post-release supervision noting
21 that the court has not, in accordance with subdivision four of this
22 section, imposed a sentence of post-release supervision.
23 § 30. Section 605-a of the correction law, as added by chapter 476 of
24 the laws of 1970, is amended to read as follows:
25 § 605-a. Transportation of female inmates. Whenever any female inmate
26 is conveyed to an institution [in] under the jurisdiction of the state
27 department of [correction] corrections and community supervision pursu-
28 ant to sentence or commitment, such female inmate shall be accompanied
29 by at least one female officer.
30 § 31. Section 619 of the correction law, as added by chapter 911 of
31 the laws of 1983, is amended to read as follows:
32 § 619. Cooperation with authorized agencies of the department of
33 social services. It shall be the duty of an official of any institution
34 under the jurisdiction of the commissioner of [correctional services]
35 corrections and community supervision to cooperate with an authorized
36 agency of the department of social services in making suitable arrange-
37 ments for an inmate confined therein to visit with his or her child
38 pursuant to subdivision seven of section three hundred eighty-four-b of
39 the social services law.
40 § 32. Subdivisions 1, 4 and 6 of section 702 of the correction law,
41 subdivisions 1 and 4 as amended by chapter 342 of the laws of 1972 and
42 subdivision 6 as amended by chapter 720 of the laws of 2006, are amended
43 to read as follows:
44 1. Any court of this state may, in its discretion, issue a certificate
45 of relief from disabilities to an eligible offender for a conviction
46 that occurred in such court, if the court either (a) imposed a [revoka-
47 ble] revocable sentence or (b) imposed a sentence other than one
48 executed by commitment to an institution under the jurisdiction of the
49 state department of [correctional services] corrections and community
50 supervision. Such certificate may be issued (i) at the time sentence is
51 pronounced, in which case it may grant relief from forfeitures, as well
52 as from disabilities, or (ii) at any time thereafter, in which case it
53 shall apply only to disabilities.
54 4. Where the court has imposed a [revokable] revocable sentence and
55 the certificate of relief from disabilities is issued prior to the expi-
56 ration or termination of the time which the court may revoke such
S. 2812--C 116 A. 4012--C
1 sentence, the certificate shall be deemed to be a temporary certificate
2 until such time as the court's authority to revoke the sentence has
3 expired or is terminated. While temporary, such certificate (a) may be
4 revoked by the court for violation of the conditions of the sentence,
5 and (b) shall be revoked by the court if it revokes the sentence and
6 commits the person to an institution under the jurisdiction of the state
7 department of [correctional services] corrections and community super-
8 vision. Any such revocation shall be upon notice and after an opportu-
9 nity to be heard. If the certificate is not so revoked, it shall become
10 a permanent certificate upon expiration or termination of the court's
11 authority to revoke the sentence.
12 6. Any written report submitted to the court pursuant to this section
13 is confidential and may not be made available to any person or public or
14 private agency except where specifically required or permitted by stat-
15 ute or upon specific authorization of the court. However, upon the
16 court's receipt of such report, the court shall provide a copy of such
17 report, or direct that such report be provided to the applicant's attor-
18 ney, or the applicant himself, if he or she has no attorney. In its
19 discretion, the court may except from disclosure a part or parts of the
20 report which are not relevant to the granting of a certificate, or
21 sources of information which have been obtained on a promise of confi-
22 dentiality, or any other portion thereof, disclosure of which would not
23 be in the interest of justice. The action of the court excepting infor-
24 mation from disclosure shall be subject to appellate review. The court,
25 in its discretion, may hold a conference in open court or in chambers to
26 afford an applicant an opportunity to controvert or to comment upon any
27 portions of the report. The court may also conduct a summary hearing at
28 the conference on any matter relevant to the granting of the application
29 and may take testimony under oath.
30 § 33. Intentionally omitted.
31 § 34. Section 703 of the correction law, as amended by chapter 342 of
32 the laws of 1972, the section heading as amended by chapter 931 of the
33 laws of 1976, subdivision 1 as amended by chapter 475 of the laws of
34 1974, subdivision 6 as added by chapter 378 of the laws of 1988 and
35 subdivision 7 as added by section 3 of part OO of chapter 56 of the laws
36 of 2010, is amended to read as follows:
37 § 703. Certificates of relief from disabilities issued by the [board
38 of parole] department of corrections and community supervision. 1. The
39 [state board of parole] department of corrections and community super-
40 vision shall have the power to issue a certificate of relief from disa-
41 bilities to:
42 (a) any eligible offender who has been committed to an institution
43 under the jurisdiction of the state department of [correctional
44 services] corrections and community supervision. Such certificate may
45 be issued by the [board] department at the time the offender is released
46 from such institution under the [board's] department's supervision or
47 otherwise or at any time thereafter;
48 (b) any eligible offender who resides within this state and whose
49 judgment of conviction was rendered by a court in any other jurisdic-
50 tion.
51 2. Where the [board of parole] department has issued a certificate of
52 relief from disabilities, the [board] department may at any time issue a
53 new certificate enlarging the relief previously granted.
54 3. The [board of parole] department shall not issue any certificate of
55 relief from disabilities pursuant to subdivisions one or two, unless the
56 [board] department is satisfied that:
S. 2812--C 117 A. 4012--C
1 (a) The person to whom it is to be granted is an eligible offender, as
2 defined in section seven hundred;
3 (b) The relief to be granted by the certificate is consistent with the
4 rehabilitation of the eligible offender; and
5 (c) The relief to be granted by the certificate is consistent with the
6 public interest.
7 4. Any certificate of relief from disabilities issued by the [board of
8 parole] department to an eligible offender who at time of the issuance
9 of the certificate is under the [board's] department's supervision,
10 shall be deemed to be a temporary certificate until such time as the
11 eligible offender is discharged from the [board's] department's super-
12 vision, and, while temporary, such certificate may be revoked by the
13 [board] department for violation of the conditions of [parole or
14 release] community supervision. Revocation shall be upon notice to the
15 [parolee] releasee, who shall be accorded an opportunity to explain the
16 violation prior to decision thereon. If the certificate is not so
17 revoked, it shall become a permanent certificate upon expiration or
18 termination of the [board's] department's jurisdiction over the [offen-
19 der] individual.
20 5. In granting or revoking a certificate of relief from disabilities
21 the action of the [board of parole shall be by unanimous vote of the
22 members authorized to grant or revoke parole. Such action] department
23 shall be deemed a judicial function and shall not be reviewable if done
24 according to law.
25 6. For the purpose of determining whether such certificate shall be
26 issued, the [board] department may conduct an investigation of the
27 applicant.
28 7. Presumption based on federal recommendation. Where a certificate of
29 relief from disabilities is sought pursuant to paragraph (b) of subdivi-
30 sion one of this section on a judgment of conviction rendered by a
31 federal district court in this state and the [board of parole] depart-
32 ment is in receipt of a written recommendation in favor of the issuance
33 of such certificate from the chief probation officer of the district,
34 the [board] department shall issue the requested certificate, unless it
35 finds that the requirements of paragraphs (a), (b) and (c) of subdivi-
36 sion three of this section have not been satisfied; or that the inter-
37 ests of justice would not be advanced by the issuance of the certif-
38 icate.
39 § 35. Section 703-b of the correction law, as added by chapter 931 of
40 the laws of 1976, subdivisions 1 and 3 as amended by, subdivision 2 as
41 added by and subdivisions 4 and 5 as renumbered by chapter 386 of the
42 laws of 1985, is amended to read as follows:
43 § 703-b. Issuance of certificate of good conduct. 1. The [state board
44 of parole, or any three members thereof by unanimous vote,] department
45 of corrections and community supervision shall have the power to issue a
46 certificate of good conduct to any person previously convicted of a
47 crime in this state, when the [board] department is satisfied that:
48 (a) The applicant has conducted himself or herself in a manner
49 warranting such issuance for a minimum period in accordance with the
50 provisions of subdivision three of this section;
51 (b) The relief to be granted by the certificate is consistent with the
52 rehabilitation of the applicant; and
53 (c) The relief to be granted is consistent with the public interest.
54 2. The [state board of parole, or any three members thereof by unani-
55 mous vote,] department shall have the power to issue a certificate of
S. 2812--C 118 A. 4012--C
1 good conduct to any person previously convicted of a crime in any other
2 jurisdiction, when the [board] department is satisfied that:
3 (a) The applicant has demonstrated that there exist specific facts and
4 circumstances, and specific sections of New York state law that have an
5 adverse impact on the applicant and warrant the application for relief
6 to be made in New York; and
7 (b) The provisions of paragraphs (a), (b) and (c) of subdivision one
8 of this section have been met.
9 3. The minimum period of good conduct by the individual referred to in
10 paragraph (a) of subdivision one of this section, shall be as follows:
11 where the most serious crime of which the individual was convicted is a
12 misdemeanor, the minimum period of good conduct shall be one year; where
13 the most serious crime of which the individual was convicted is a class
14 C, D or E felony, the minimum period of good conduct shall be three
15 years; and, where the most serious crime of which the individual was
16 convicted is a class B or A felony, the minimum period of good conduct
17 shall be five years. Criminal acts committed outside the state shall be
18 classified as acts committed within the state based on the maximum
19 sentence that could have been imposed based upon such conviction pursu-
20 ant to the laws of such foreign jurisdiction. Such minimum period of
21 good conduct by the individual shall be measured either from the date of
22 the payment of any fine imposed upon him or her or the suspension of
23 sentence, or from the date of his or her unrevoked release from custody
24 by parole, commutation or termination of his or her sentence. The
25 [board] department shall have power and it shall be its duty to investi-
26 gate all persons when such application is made and to grant or deny the
27 same within a reasonable time after the making of the application.
28 4. Where the [board of parole] department has issued a certificate of
29 good conduct, the [board] department may at any time issue a new certif-
30 icate enlarging the relief previously granted.
31 5. Any certificate of good conduct by the [board of parole] department
32 to an individual who at time of the issuance of the certificate is under
33 the [board's] department's supervision, shall be deemed to be a tempo-
34 rary certificate until such time as the individual is discharged from
35 the [board's] department's supervision, and, while temporary, such
36 certificate may be revoked by the [board] department for violation of
37 the conditions of [parole or release] community supervision. Revocation
38 shall be upon notice to the [parolee] releasee, who shall be accorded an
39 opportunity to explain the violation prior to decision thereon. If the
40 certificate is not so revoked, it shall become a permanent certificate
41 upon expiration or termination of the [board's] department's jurisdic-
42 tion over the individual.
43 § 36. Section 705 of the correction law, as added by chapter 654 of
44 the laws of 1966, subdivision 1 as amended by section 49 of part A of
45 chapter 56 of the laws of 2010, is amended to read as follows:
46 § 705. Forms and filing. 1. All applications, certificates and orders
47 of revocation necessary for the purposes of this article shall be upon
48 forms prescribed pursuant to agreement among the state commissioner of
49 [correctional services] corrections and community supervision, the
50 chairman of the state board of parole and the administrator of the state
51 judicial conference. Such forms relating to certificates of relief from
52 disabilities shall be distributed by the office of probation and correc-
53 tional alternatives and forms relating to certificates of good conduct
54 shall be distributed by the [chairman of the board of parole] commis-
55 sioner of the department of corrections and community supervision.
S. 2812--C 119 A. 4012--C
1 2. Any court or [board] department issuing or revoking any certificate
2 pursuant to this article shall immediately file a copy of the certif-
3 icate, or of the order of revocation, with the New York state identifi-
4 cation and intelligence system.
5 § 37. Paragraphs (a), (b) and (c) of subdivision 1 and subdivisions 3,
6 4 and 5 of section 803 of the correction law, paragraph (a) of subdivi-
7 sion 1, subdivisions 3, 4 and 5 as amended and paragraphs (b) and (c) of
8 subdivision 1 as added by chapter 3 of the laws of 1995, are amended to
9 read as follows:
10 (a) Every person confined in an institution of the department or a
11 facility in the department of mental hygiene serving an indeterminate or
12 determinate sentence of imprisonment, except a person serving a sentence
13 with a maximum term of life imprisonment, may receive time allowance
14 against the term or maximum term of his or her sentence imposed by the
15 court. Such allowances may be granted for good behavior and efficient
16 and willing performance of duties assigned or progress and achievement
17 in an assigned treatment program, and may be withheld, forfeited or
18 canceled in whole or in part for bad behavior, violation of institu-
19 tional rules or failure to perform properly in the duties or program
20 assigned.
21 (b) A person serving an indeterminate sentence of imprisonment may
22 receive time allowance against the maximum term of his or her sentence
23 not to exceed one-third of the maximum term imposed by the court.
24 (c) A person serving a determinate sentence of imprisonment may
25 receive time allowance against the term of his or her sentence not to
26 exceed one-seventh of the term imposed by the court.
27 3. The commissioner of [correctional services] corrections and commu-
28 nity supervision shall promulgate rules and regulations for the grant-
29 ing, withholding, forfeiture, cancellation and restoration of allowances
30 authorized by this section in accordance with the criteria herein speci-
31 fied. Such rules and regulations shall include provisions designating
32 the person or committee in each correctional institution delegated to
33 make discretionary determinations with respect to the allowances, the
34 books and records to be kept, and a procedure for review of the institu-
35 tional determinations by the commissioner.
36 4. No person shall have the right to demand or require the allowances
37 authorized by this section. The decision of the commissioner of [correc-
38 tional services] corrections and community supervision as to the grant-
39 ing, withholding, forfeiture, cancellation or restoration of such allow-
40 ances shall be final and shall not be reviewable if made in accordance
41 with law.
42 5. Time allowances granted prior to any release [on parole or prior to
43 any conditional release] to community supervision shall be forfeited and
44 shall not be restored if the [paroled or conditionally] released person
45 is returned to an institution under the jurisdiction of the state
46 department of [correctional services] corrections and community super-
47 vision for violation of [parole, violation of the conditions of release]
48 community supervision or by reason of a conviction for a crime committed
49 while on [parole or conditional release] community supervision. A
50 person who is so returned may, however, subsequently receive time allow-
51 ances against the remaining portion of his or her term, maximum term or
52 aggregate maximum term pursuant to this section and provided such
53 remaining portion of his or her term, maximum term, or aggregate maximum
54 term is more than one year.
S. 2812--C 120 A. 4012--C
1 § 38. Subdivisions 3, 4 and 5 of section 803 of the correction law, as
2 amended by chapter 126 of the laws of 1987, are amended to read as
3 follows:
4 3. The commissioner of [correctional services] corrections and commu-
5 nity supervision shall promulgate rules and regulations for the grant-
6 ing, withholding, forfeiture, cancellation and restoration of allowances
7 authorized by this section in accordance with the criteria herein speci-
8 fied. Such rules and regulations shall include provisions designating
9 the person or committee in each correctional institution delegated to
10 make discretionary determinations with respect to the allowances, the
11 books and records to be kept, and a procedure for review of the institu-
12 tional determinations by the commissioner.
13 4. No person shall have the right to demand or require the allowances
14 authorized by this section. The decision of the commissioner of [correc-
15 tional services] corrections and community supervision as to the grant-
16 ing, withholding, forfeiture, cancellation or restoration of such allow-
17 ances shall be final and shall not be reviewable if made in accordance
18 with law.
19 5. Time allowances granted prior to any release [on parole or prior to
20 any conditional release] to community supervision shall be forfeited and
21 shall not be restored if the [paroled or conditionally] released person
22 is returned to an institution under the jurisdiction of the state
23 department of [correctional services] corrections and community super-
24 vision for violation of [parole, violation of the conditions of release]
25 community supervision or by reason of a conviction for a crime committed
26 while on [parole or conditional release] community supervision. A
27 person who is so returned may, however, subsequently receive time allow-
28 ances against the remaining portion of his maximum or aggregate maximum
29 term or period not to exceed in the aggregate one-third of such portion
30 provided such remaining portion of his or her maximum or aggregate maxi-
31 mum term or period is more than one year.
32 § 39. Subdivision 6 of section 804 of the correction law, as added by
33 chapter 680 of the laws of 1967, is amended to read as follows:
34 6. Notwithstanding anything to the contrary in this section, in any
35 case where a person is serving a definite sentence in an institution
36 under the jurisdiction of the state department of [correction]
37 corrections and community supervision, subdivisions three and four of
38 section eight hundred three of this chapter shall apply.
39 § 40. Subdivisions 3 and 6 of section 806 of the correction law, as
40 added by section 5 of part E of chapter 62 of the laws of 2003, are
41 amended to read as follows:
42 3. Any inmate eligible for presumptive release pursuant to this
43 section shall be required to apply for such release pursuant to section
44 [two hundred fifty-nine-g of the executive law. Upon release from the
45 department of correctional services, such person shall be in the legal
46 custody of the division of parole as provided in subdivisions two,
47 three, four, five, six and seven of section two hundred fifty-nine-i of
48 the executive law] two hundred six of this chapter.
49 6. Any eligible inmate who is not released pursuant to subdivision one
50 or two of this section shall be considered for discretionary release on
51 parole pursuant to the provisions of section eight hundred five of this
52 article or section two hundred [fifty-nine-i] fifty-nine-b of the execu-
53 tive law, whichever is applicable.
54 § 41. Subdivision 1 of section 851 of the correction law, as amended
55 by chapter 554 of the laws of 1986, is amended to read as follows:
S. 2812--C 121 A. 4012--C
1 1. "Institution" means any institution under the jurisdiction of the
2 state department of [correctional services] corrections and community
3 supervision or an institution designated by the commissioner pursuant to
4 section seventy-two-a of this chapter.
5 § 41-a. Subdivision 1 of section 851 of the correction law, as amended
6 by chapter 691 of the laws of 1977, is amended to read as follows:
7 1. "Institution" means any institution under the jurisdiction of the
8 state department of [correctional services] corrections and community
9 supervision.
10 § 41-b. Subdivision 1 of section 851 of the correction law, as added
11 by chapter 472 of the laws of 1969, is amended to read as follows:
12 1. "Institution" means any institution under the jurisdiction of the
13 state department of [correction] corrections and community supervision.
14 § 42. The closing paragraph of subdivision 2 of section 851 of the
15 correction law, as added by chapter 3 of the laws of 1995, is amended to
16 read as follows:
17 The governor, by executive order, may exclude or limit the partic-
18 ipation of any class of otherwise eligible inmates from participation in
19 a temporary release program. Nothing in this paragraph shall be
20 construed to affect either the validity of any executive order previous-
21 ly issued limiting the participation of otherwise eligible inmates in
22 such program or the authority of the commissioner [of the department of
23 correctional services] to impose appropriate regulations limiting such
24 participation.
25 § 43. The closing paragraph of subdivision 2 of section 851 of the
26 correction law, as added by chapter 3 of the laws of 1995, is amended to
27 read as follows:
28 The governor, by executive order, may exclude or limit the partic-
29 ipation of any class of otherwise eligible inmates from participation in
30 a temporary release program. Nothing in this paragraph shall be
31 construed to affect either the validity of any executive order previous-
32 ly issued limiting the participation of otherwise eligible inmates in
33 such program or the authority of the commissioner [of the department of
34 correctional services] to impose appropriate regulations limiting such
35 participation.
36 § 43-a. Subdivision 5 of section 851 of the correction law, as added
37 by chapter 472 of the laws of 1969, is amended to read as follows:
38 5. "Work release committee" means the body of persons, which may
39 include members of the public, appointed pursuant to regulations promul-
40 gated by the commissioner [of correction] for the purpose of formulat-
41 ing, modifying and revoking work release programs at an institution.
42 § 44. Subdivision 5 of section 852 of the correction law, as amended
43 by chapter 495 of the laws of 1981, is amended to read as follows:
44 5. All inmates participating in temporary release programs shall be
45 assigned to parole officers for supervision. [Such parole officers shall
46 be responsible to the division of parole for the purpose of providing
47 such supervision. The division shall provide to the department super-
48 vision in accordance with the contract required by subdivision six of
49 this section.] As part of [its] the parole officer's supervisory func-
50 tions [the division] he or she shall be required to provide reports [to
51 the department] every two months on each inmate under [its] his or her
52 supervision. Such reports shall include but not be limited to:
53 (a) an evaluation of the individual's participation in such program;
54 (b) a statement of any problems and the manner in which such problems
55 were resolved relative to an individual's participation in such
56 programs; and
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1 (c) a recommendation with respect to the individual's continued
2 participation in the program.
3 § 44-a. Subdivision 6 of section 852 of the correction law is
4 REPEALED.
5 § 45. Subdivision 2 of section 852 of the correction law, as added by
6 chapter 472 of the laws of 1969, is amended to read as follows:
7 2. The [division of parole] department shall be responsible for secur-
8 ing appropriate education, on-the-job training and employment opportu-
9 nities for [eligbile] eligible inmates[. The division also] and shall
10 supervise inmates during their participation in work release programs
11 outside the premises of institutions.
12 § 46. Subdivision 2 of section 856 of the correction law, as added by
13 chapter 472 of the laws of 1969, is amended to read as follows:
14 2. If the inmate violates any provision of the program, or any rule or
15 regulation promulgated by the commissioner of [correction] corrections
16 and community supervision for conduct of inmates participating in work
17 release programs, he or she shall be subject to disciplinary measures to
18 the same extent as if he or she violated a rule or regulation of the
19 commissioner for conduct of inmates within the premises of the institu-
20 tion.
21 § 47. Subdivision 6 of section 855 of the correction law, as amended
22 by chapter 843 of the laws of 1980, is amended to read as follows:
23 6. In order for an applicant to accept a program of temporary release,
24 such inmate shall agree to be bound by all the terms and conditions
25 thereof and shall indicate such agreement by signing the memorandum of
26 the program immediately below a statement reading as follows: "I accept
27 the foregoing program and agree to be bound by the terms and conditions
28 thereof. I understand that I will be under the supervision of the state
29 department of [correctional services] corrections and community super-
30 vision while I am away from the premises of the institution and I agree
31 to comply with the instructions of any parole officer or other employee
32 of the department assigned to supervise me. I understand that my partic-
33 ipation in the program is a privilege which may be revoked at any time,
34 and that if I violate any provision of the program I may be taken into
35 custody by any peace officer or police officer and I will be subject to
36 disciplinary procedures. I further understand that if I intentionally
37 fail to return to the institution at or before the time specified in the
38 memorandum I may be found guilty of a felony." Such agreement shall be
39 placed on file at the institution from which such temporary release is
40 granted.
41 § 48. Subdivisions 2, 3 and 4 of section 855 of the correction law, as
42 added by chapter 472 of the laws of 1969, are amended to read as
43 follows:
44 2. If the work release committee determines that a work release
45 program for the applicant is consistent with the safety of the communi-
46 ty, is in the best interests of rehabilitation of the applicant, and is
47 consistent with rules and regulations of the commissioner [of
48 correction], the committee[, with the assistance of the division of
49 parole,] shall develop a suitable program of work release for the appli-
50 cant.
51 3. The committee shall then prepare a memorandum setting forth the
52 details of the work release program, including the extended bounds of
53 confinement and any other matter required by rules or regulations of the
54 commissioner [of correction]. Such memorandum shall be transmitted to
55 the warden who may approve or reject the program. If the warden approves
56 the program, he or she shall indicate such approval in writing by sign-
S. 2812--C 123 A. 4012--C
1 ing the memorandum. If the warden rejects the program, such decision
2 shall be reviewed by the commissioner [of correction].
3 4. In order for an applicant to accept a program of work release, he
4 or she shall agree to be bound by all the terms and conditions thereof
5 and shall indicate such agreement by signing the memorandum of the
6 program immediately below a statement reading as follows: "I accept the
7 foregoing program and agree to be bound by the terms and conditions
8 thereof. I understand that I will be under the supervision of the [State
9 Division of Parole] department of corrections and community supervision
10 while I am away from the premises of the institution and I agree to
11 comply with the instructions of any parole officer assigned to supervise
12 me. I will carry a copy of this memorandum on my person at all times
13 while I am away from the premises of the institution and I will exhibit
14 it to any peace officer upon his or her request. I understand that my
15 participation in the program is a privilege which may be revoked at any
16 time, and that if I violate any provision of the program I may be taken
17 into custody by any peace officer and I will be subject to disciplinary
18 procedures. I further understand that if I intentionally fail to return
19 to the institution at or before the time specified in the memorandum I
20 may be found guilty of a felony."
21 § 49. The opening paragraph of subdivision 1 of section 1304 of the
22 abandoned property law, as amended by chapter 471 of the laws of 1980,
23 is amended to read as follows:
24 The following unclaimed property belonging or credited to a
25 discharged, deceased or escaped person in an institution under the
26 jurisdiction of the department of social services, the department of
27 health, the department of mental hygiene, the executive department, or
28 the department of [correctional services] corrections and community
29 supervision shall be deemed abandoned property:
30 § 50. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
31 age control law, subdivisions 1 and 4 as amended by chapter 366 of the
32 laws of 1992 and subdivision 1-a as amended by chapter 367 of the laws
33 of 1992, are amended to read as follows:
34 1. Except as provided in subdivision one-a of this section, a person
35 who has been convicted of a felony or any of the misdemeanors mentioned
36 in section eleven hundred forty-six of the former penal law as in force
37 and effect immediately prior to September first, nineteen hundred
38 sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
39 penal law, unless subsequent to such conviction such person shall have
40 received an executive pardon therefor removing this disability, a
41 certificate of good conduct granted by the [board of parole] department
42 of corrections and community supervision, or a certificate of relief
43 from disabilities granted by the [board of parole] department of
44 corrections and community supervision or a court of this state pursuant
45 to the provisions of article twenty-three of the correction law to
46 remove the disability under this section because of such conviction.
47 1-a. Notwithstanding the provision of subdivision one of this section,
48 a corporation holding a license to traffic in alcoholic beverages shall
49 not, upon conviction of a felony or any of the misdemeanors or offenses
50 described in subdivision one of this section, be automatically forbidden
51 to traffic in alcoholic beverages, but the application for a license by
52 such a corporation shall be subject to denial, and the license of such a
53 corporation shall be subject to revocation or suspension by the authori-
54 ty pursuant to section one hundred eighteen of this chapter, consistent
55 with the provisions of article twenty-three-A of the correction law. For
56 any felony conviction by a court other than a court of this state, the
S. 2812--C 124 A. 4012--C
1 authority may request the [board of parole] department of corrections
2 and community supervision to investigate and review the facts and
3 circumstances concerning such a conviction, and [the board of parole]
4 such department shall, if so requested, submit its findings to the
5 authority as to whether the corporation has conducted itself in a manner
6 such that discretionary review by the authority would not be inconsist-
7 ent with the public interest. The [division of parole] department of
8 corrections and community supervision may charge the licensee or appli-
9 cant a fee equivalent to the expenses of an appropriate investigation
10 under this subdivision. For any conviction rendered by a court of this
11 state, the authority may request the corporation, if the corporation is
12 eligible for a certificate of relief from disabilities, to seek such a
13 certificate from the court which rendered the conviction and to submit
14 such a certificate as part of the authority's discretionary review proc-
15 ess.
16 4. A copartnership or a corporation, unless each member of the part-
17 nership, or each of the principal officers and directors of the corpo-
18 ration, is a citizen of the United States or an alien lawfully admitted
19 for permanent residence in the United States, not less than twenty-one
20 years of age, and has not been convicted of any felony or any of the
21 misdemeanors, specified in section eleven hundred forty-six of the
22 former penal law as in force and effect immediately prior to September
23 first, nineteen hundred sixty-seven, or of an offense defined in section
24 230.20 or 230.40 of the penal law, or if so convicted has received,
25 subsequent to such conviction, an executive pardon therefor removing
26 this disability a certificate of good conduct granted by the [board of
27 parole] department of corrections and community supervision, or a
28 certificate of relief from disabilities granted by the [board of parole]
29 department of corrections and community supervision or a court of this
30 state pursuant to the provisions of article twenty-three of the
31 correction law to remove the disability under this section because of
32 such conviction; provided however that a corporation which otherwise
33 conforms to the requirements of this section and chapter may be licensed
34 if each of its principal officers and more than one-half of its direc-
35 tors are citizens of the United States or aliens lawfully admitted for
36 permanent residence in the United States; and provided further that a
37 corporation organized under the not-for-profit corporation law or the
38 education law which otherwise conforms to the requirements of this
39 section and chapter may be licensed if each of its principal officers
40 and more than one-half of its directors are not less than twenty-one
41 years of age and none of its directors are less than eighteen years of
42 age; and provided further that a corporation organized under the not-
43 for-profit corporation law or the education law and located on the prem-
44 ises of a college as defined by section two of the education law which
45 otherwise conforms to the requirements of this section and chapter may
46 be licensed if each of its principal officers and each of its directors
47 are not less than eighteen years of age.
48 § 51. Subparagraph (i) of paragraph 1 and paragraph 3 of subdivision
49 (f) of section 1101 of the civil practice law and rules, as added by
50 section 1 of part D of chapter 412 of the laws of 1999, are amended to
51 read as follows:
52 (i) in the case of a state inmate who has been transferred from anoth-
53 er state correctional facility, the court shall obtain a trust fund
54 account statement for the six month period from the central office of
55 the department of [correctional services] corrections and community
56 supervision in Albany; or
S. 2812--C 125 A. 4012--C
1 3. The institution at which an inmate is confined, or the central
2 office for the department of [correctional services] corrections and
3 community supervision, whichever is applicable, shall promptly provide
4 the trust fund account statement to the inmate as required by this
5 subdivision.
6 § 52. Section 5011 of the civil practice law and rules, as amended by
7 section 50 of part A-1 of chapter 56 of the laws of 2010, is amended to
8 read as follows:
9 § 5011. Definition and content of judgment. A judgment is the determi-
10 nation of the rights of the parties in an action or special proceeding
11 and may be either interlocutory or final. A judgment shall refer to, and
12 state the result of, the verdict or decision, or recite the default upon
13 which it is based. A judgment may direct that property be paid into
14 court when the party would not have the benefit or use or control of
15 such property or where special circumstances make it desirable that
16 payment or delivery to the party entitled to it should be withheld. In
17 any case where damages are awarded to an inmate serving a sentence of
18 imprisonment with the state department of [correctional services]
19 corrections and community supervision or to a prisoner confined at a
20 local correctional facility, the court shall give prompt written notice
21 to the office of victim services, and at the same time shall direct that
22 no payment be made to such inmate or prisoner for a period of thirty
23 days following the date of entry of the order containing such direction.
24 § 53. Subdivision 1 of section 50-a of the civil rights law, as
25 amended by chapter 137 of the laws of 2002, is amended to read as
26 follows:
27 1. All personnel records[,] used to evaluate performance toward
28 continued employment or promotion, under the control of any police agen-
29 cy or department of the state or any political subdivision thereof
30 including authorities or agencies maintaining police forces of individ-
31 uals defined as police officers in section 1.20 of the criminal proce-
32 dure law and such personnel records under the control of a sheriff's
33 department or a department of correction of individuals employed as
34 correction officers and such personnel records under the control of a
35 paid fire department or force of individuals employed as firefighters or
36 firefighter/paramedics and such personnel records under the control of
37 the [division of parole] department of corrections and community super-
38 vision for individuals defined as peace officers pursuant to subdivi-
39 sions twenty-three and twenty-three-a of section 2.10 of the criminal
40 procedure law shall be considered confidential and not subject to
41 inspection or review without the express written consent of such police
42 officer, firefighter, firefighter/paramedic, correction officer or peace
43 officer within the [division of parole] department of corrections and
44 community supervision except as may be mandated by lawful court order.
45 § 54. Subdivision 2 of section 61 of the civil rights law, as amended
46 by chapter 320 of the laws of 2006, is amended to read as follows:
47 2. If the petitioner stands convicted of a violent felony offense as
48 defined in section 70.02 of the penal law or a felony defined in article
49 one hundred twenty-five of such law or any of the following provisions
50 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
51 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
52 subdivision two of section 230.30 or 230.32, and is currently confined
53 as an inmate in any correctional facility or currently under the super-
54 vision of the [state division of parole] department of corrections and
55 community supervision or a county probation department as a result of
56 such conviction, the petition shall for each such conviction specify
S. 2812--C 126 A. 4012--C
1 such felony conviction, the date of such conviction or convictions, and
2 the court in which such conviction or convictions were entered.
3 § 55. Subdivision 2 of section 62 of the civil rights law, as amended
4 by chapter 320 of the laws of 2006, is amended to read as follows:
5 2. If the petition be to change the name of a person currently
6 confined as an inmate in any correctional facility or currently under
7 the supervision of the [state division of parole] department of
8 corrections and community supervision or a county probation department
9 as a result of a conviction for a violent felony offense as defined in
10 section 70.02 of the penal law or a felony defined in article one
11 hundred twenty-five of such law or any of the following provisions of
12 such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
13 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
14 subdivision two of section 230.30 or 230.32, notice of the time and
15 place when and where the petition will be presented shall be served, in
16 like manner as a notice of a motion upon an attorney in an action, upon
17 the district attorney of every county in which such person has been
18 convicted of such felony and upon the court or courts in which the
19 sentence for such felony was entered. Unless a shorter period of time is
20 ordered by the court, said notice shall be served upon each such
21 district attorney and court or courts not less than sixty days prior to
22 the date on which such petition is noticed to be heard.
23 § 56. Subdivision 2 and paragraph (a) of subdivision 3 of section 79
24 of the civil rights law, as amended by chapter 687 of the laws of 1973,
25 are amended to read as follows:
26 2. A sentence of imprisonment in a state correctional institution for
27 any term less than for life or a sentence of imprisonment in a state
28 correctional institution for an indeterminate term, having a minimum of
29 one day and a maximum of natural life shall not be deemed to suspend the
30 right or capacity of any person so sentenced to commence and prosecute
31 an action or proceeding in any court within this state or before a body
32 or officer exercising judicial, quasi-judicial or administrative func-
33 tions within this state; provided, however, that where at the time of
34 the commencement and during the prosecution of such action or proceeding
35 such person is an inmate of a state correctional institution, he shall
36 not appear at any place other than within the institution for any
37 purpose related to such action or proceeding unless upon a subpoena
38 issued by the court before whom such action or proceeding is pending or,
39 where such action or proceeding is pending before a body or officer,
40 before a judge to whom a petition for habeas corpus could be made under
41 subdivision (b) of section seven thousand two of the civil practice law
42 and rules upon motion of any party and upon a determination that such
43 person's appearance is essential to the proper and just disposition of
44 the action or proceeding. Unless the court orders otherwise, a motion
45 for such subpoena shall be made on at least two days' notice to the
46 commissioner of [correctional services] corrections and community super-
47 vision.
48 (a) Except as provided in paragraph (b), the state shall not be liable
49 for any expense of or related to any such action or proceeding, includ-
50 ing but not limited to the expense of or related to transporting the
51 inmate to, or lodging or guarding him at any place other than in a state
52 correctional institution. The [Department] department of [Correctional
53 Services] corrections and community supervision shall not be required to
54 perform any services related to such action or proceeding, including but
55 not limited to transporting the inmate to or lodging or guarding him at
S. 2812--C 127 A. 4012--C
1 any place other than a state correctional institution unless and until
2 the [Department] department has received payment for such services.
3 § 57. Subdivisions 1 and 2 and paragraph (a) of subdivision 3 of
4 section 79-a of the civil rights law, subdivision 1 as amended by chap-
5 ter 118 of the laws of 1981 and subdivision 2 and paragraph (a) of
6 subdivision 3 as added by chapter 687 of the laws of 1973, are amended
7 to read as follows:
8 1. Except as provided in subdivisions two and three, a person
9 sentenced to imprisonment for life is thereafter deemed civilly dead;
10 provided, that such a person may marry while on [parole] community
11 supervision, or after he or she has been discharged from [parole] commu-
12 nity supervision, if otherwise capable of contracting a valid marriage.
13 A marriage contracted pursuant to this section by a person while he or
14 she is on [parole] community supervision, without prior written approval
15 of the [board of parole] commissioner of corrections and community
16 supervision, shall be ground for revocation of the [parole] community
17 supervision. This section shall not be deemed to impair the validity of
18 a marriage between a person sentenced to imprisonment for life and his
19 or her spouse.
20 2. A sentence to imprisonment for life shall not be deemed to suspend
21 the right or capacity of any person so sentenced to commence, prosecute
22 or defend an action or proceeding in any court within this state or
23 before a body or officer exercising judicial, quasi-judicial or adminis-
24 trative functions within this state; provided, however, that where at
25 the time of the commencement and during the prosecution or defense of
26 such action or proceeding such person is an inmate of a state correc-
27 tional institution, he or she shall not appear at any place other than
28 within the institution for any purpose related to such action or
29 proceeding unless upon a subpoena issued by the court before whom such
30 action or proceeding is pending or, where such action or proceeding is
31 pending before a body or officer, before a judge to whom a petition for
32 habeas corpus could be made under subdivision (b) of section seven thou-
33 sand two of the civil practice law and rules upon motion of any party
34 and upon a determination that such person's appearance is essential to
35 the proper and just disposition of the action or proceeding. Unless the
36 court orders otherwise, a motion for such subpoena shall be made on at
37 least two days' notice to the commissioner of [correctional services]
38 corrections and community supervision.
39 (a) Except as provided in paragraph (b), the state shall not be liable
40 for any expense of or related to any such action or proceeding, includ-
41 ing but not limited to the expense of or related to transporting the
42 inmate to, or lodging or guarding him or her at any place other than in
43 a state correctional institution. The [Department] department of
44 [Correctional Services] corrections and community supervision shall not
45 be required to perform any services related to such action or proceed-
46 ing, including but not limited to transporting the inmate to or lodging
47 or guarding him or her at any place other than a state correctional
48 institution unless and until the [Department] department has received
49 payment for such services.
50 § 58. Subparagraphs (ii) and (iv) of paragraph (c) of subdivision 4 of
51 section 58 of the civil service law, as amended by chapter 190 of the
52 laws of 2008, are amended to read as follows:
53 (ii) Notwithstanding any other provision of law, in any jurisdiction,
54 other than a city with a population of one million or more or the state
55 department of [correctional services] corrections and community super-
56 vision, which does not administer examinations for designation to detec-
S. 2812--C 128 A. 4012--C
1 tive or investigator, any person who has received permanent appointment
2 to the position of police officer, correction officer of any rank or
3 deputy sheriff and is temporarily assigned to perform the duties of
4 detective or investigator shall, whenever such assignment to the duties
5 of a detective or investigator exceeds eighteen months, be permanently
6 designated as a detective or investigator and receive the compensation
7 ordinarily paid to persons in such designation.
8 (iv) Detectives and investigators designated since September twenty-
9 third, nineteen hundred ninety and prior to February twenty-fourth,
10 nineteen hundred ninety-five by any state, county, town, village or city
11 (other than a city with a population of one million or more or the state
12 department of [correctional services] corrections and community super-
13 vision) police, correction or sheriffs department, pursuant to the
14 provisions of this paragraph in effect during such period, who continue
15 to serve in such positions, shall retain their detective or investigator
16 status without any right to retroactive financial entitlement.
17 § 59. Subdivision 2 of section 59-a of the civil service law, as
18 amended by chapter 190 of the laws of 2008, is amended to read as
19 follows:
20 2. Notwithstanding the provisions of this chapter or any provisions to
21 the contrary contained in any general, special, or local laws, any
22 person holding a permanent competitive class appointment as a police
23 officer, correction officer of any rank or deputy sheriff in a police
24 force, police department or sheriffs department in a jurisdiction other
25 than a city with a population of one million or more or the state
26 department of [correctional services] corrections and community super-
27 vision, who was serving in a detective or investigator capacity, as
28 designated by such police force, police department or sheriffs depart-
29 ment, on the date such position was classified by the local civil
30 service commission having jurisdiction and for at least eighteen months
31 immediately preceding such date, shall receive a permanent appointment
32 to a detective or investigator position, in such title as may be proper-
33 ly classified by the local civil service commission having jurisdiction,
34 without further examination or qualifications and shall have all the
35 rights and privileges of the jurisdictional class to which such position
36 may be allocated.
37 § 60. Subparagraph 6 of paragraph b and the opening paragraphs of
38 paragraphs g and j of subdivision 1 of section 130 of the civil service
39 law, subparagraph 6 of paragraph b as added by chapter 4 of the laws of
40 2007, the opening paragraph of paragraph g as added by chapter 214 of
41 the laws of 2009 and the opening paragraph of paragraph j as added by
42 chapter 152 of the laws of 2010, are amended to read as follows:
43 (6) Effective on the dates indicated in paragraph i of this subdivi-
44 sion, salary grades for positions in the competitive, non-competitive
45 and labor classes of the classified service of the state of New York in
46 the collective negotiating unit designated as the security supervisors
47 unit established pursuant to article fourteen of this chapter who are
48 police officers pursuant to subdivision thirty-four of section 1.20 of
49 the criminal procedure law, except those members designated as police
50 officers pursuant to chapter six hundred ninety-three of the laws of two
51 thousand six, shall be as prescribed in paragraph i of this subdivision.
52 Effective on the dates indicated in paragraph j of this subdivision,
53 salary grades for positions in the competitive, non-competitive and
54 labor classes of the classified service of the state of New York in the
55 collective negotiating unit designated as the security supervisors unit
56 established pursuant to article fourteen of this chapter who are
S. 2812--C 129 A. 4012--C
1 employed by the state department of [correctional services] corrections
2 and community supervision and are designated as peace officers pursuant
3 to subdivision twenty-five of section 2.10 of the criminal procedure law
4 shall be as prescribed in paragraph j of this subdivision.
5 Pursuant to the terms of an interest arbitration award issued pursuant
6 to subdivision four of section two hundred nine of this chapter covering
7 members of the security services collective negotiating unit who are
8 employed within the state department of [correctional services]
9 corrections and community supervision and who are designated as peace
10 officers pursuant to section 2.10 of the criminal procedure law, effec-
11 tive on the dates indicated, salary grades for such unit members shall
12 be as follows:
13 Pursuant to the terms of an agreement between the state and an employ-
14 ee organization entered into pursuant to article fourteen of [the civil
15 service law] this chapter covering members of the collective negotiating
16 unit designated as security supervisors who are employed by the state
17 department of [correctional services] corrections and community super-
18 vision and are designated as peace officers pursuant to subdivision
19 twenty-five of section 2.10 of the criminal procedure law, effective on
20 the dates indicated, salary grades for such unit members shall be as
21 follows:
22 § 61. Subdivision 2 of section 134 of the civil service law, as
23 amended by chapter 373 of the laws of 1958, is amended to read as
24 follows:
25 2. Any person employed by the state in any institution under the
26 jurisdiction of the department of mental hygiene, the department of
27 [correction] corrections and community supervision, the department of
28 health or the department of social welfare, or in the state barge canal
29 system, or in the New York state school for the blind, Batavia, or in
30 the New York state veterans' rest camp, Mt. McGregor, whose hours of
31 labor are limited to forty hours per week, or six days per week, by law
32 or administrative regulation, who is not allowed time off by the
33 appointing officer, during any fiscal year commencing on or after April
34 first, nineteen hundred forty-six, for any holiday, pass day or vacation
35 period which he was eligible to receive by law or by administrative
36 regulation, shall, upon the approval of the superintendent or other head
37 of such institution or department and the director of the budget, be
38 entitled to compensation therefor at the hourly rate of pay received by
39 such employee, or shall be allowed an equivalent amount of time off in
40 lieu of such compensation.
41 § 62. Subdivisions 1, 2 and 3 of section 136 of the civil service law,
42 subdivisions 1 and 3 as separately amended by chapters 471 and 474 of
43 the laws of 1980, and subdivision 2 as amended by chapter 74 of the laws
44 of 2000, are amended to read as follows:
45 1. The term "teacher", for purposes of this section, means any employ-
46 ee of a state facility or institution in the [division for youth] office
47 of children and family services in the executive department and in the
48 departments of [correctional services] corrections and community super-
49 vision, health, mental hygiene and social services holding a position
50 the principal duty of which is the teaching or instruction of patients
51 or inmates, or the direct supervision of such teaching or instruction,
52 including an institution education director, as determined by the
53 department of civil service subject to approval of the director of the
54 budget.
55 2. The annual salary of a teacher shall be determined in accordance
56 with the provisions of this article. Commencing July first, two thou-
S. 2812--C 130 A. 4012--C
1 sand, the total salary which a teacher would otherwise be entitled to
2 receive for any year beginning on July first shall be paid over either
3 (a) a period of consecutive months beginning with the first day of the
4 facility's or institution's academic year, as determined by the employ-
5 er, and ending with the last day of the facility's or institution's
6 academic year, as determined by the employer or, in the case of a teach-
7 er in the department of [correctional services] corrections and communi-
8 ty supervision, over a period of ten consecutive months designated by
9 the commissioner of [correctional services] corrections and community
10 supervision or (b) a period of twelve months from September first to
11 August thirty-first. Any such teacher who is required to work in his
12 position or in any other position allocated to a salary grade in section
13 one hundred thirty of this chapter in the period of time that is outside
14 the facility's or institution's academic year, as determined by the
15 employer or, in the case of a teacher in the department of [correctional
16 services] corrections and community supervision in the two month period
17 outside of the ten consecutive months designated by the commissioner of
18 [correctional services] corrections and community supervision shall
19 receive additional compensation therefor. If such work is performed in
20 his regular position or title or in a position the title of which is
21 allocated to the same salary grade as his regular position, he shall
22 receive additional compensation therefor at the hourly rate of pay
23 received by him in his regular position. If such work is performed in a
24 position having a title allocated to a lower salary grade than the sala-
25 ry grade to which the title of his regular position is allocated, he
26 shall receive additional compensation therefor at the hourly rate of pay
27 of the job rate of the grade of the position in which such work is
28 performed, or at such job rate plus the additional increment or incre-
29 ments of such grade if he would be entitled to such additional increment
30 or increments were he then appointed to such position; provided, howev-
31 er, that when such hourly rate exceeds the hourly rate of pay received
32 by him in his regular position, his additional compensation shall be at
33 the hourly rate of pay of his regular position. When such work is
34 performed in a position allocated to a salary grade higher than the
35 salary grade to which his regular position is allocated, he shall
36 receive additional compensation therefor at the hourly rate of pay of
37 the rate of compensation to which he would be entitled if he were perma-
38 nently promoted to the position in which such work is performed.
39 3. Teachers shall not be subject to the rules governing sick leaves,
40 vacations, time allowances and other conditions of employment in the
41 classified service of the state established pursuant to paragraph (c) of
42 subdivision one [(c)] of section six of the civil service law. The
43 director of the [division for youth] office of children and family
44 services, the commissioner of [correctional services] corrections and
45 community supervision, the commissioner of health, the commissioner of
46 mental [hygiene] health and the commissioner of social services, respec-
47 tively, shall adopt regulations for sick leaves, vacations, time allow-
48 ances and other conditions of employment which shall be applicable to
49 teachers under its or his jurisdiction and, notwithstanding any other
50 provision of law, such rules may provide for cash payment of the mone-
51 tary value of accumulated and unused vacation and time allowances grant-
52 ed in lieu of overtime compensation standing to the credit of an employ-
53 ee at the time of his separation from service or his entrance into the
54 armed forces of the United States for active duty (other than for train-
55 ing) as defined in title ten of the United States code, whether or not
56 such entrance constitutes a separation from service, and for the payment
S. 2812--C 131 A. 4012--C
1 of the monetary value of his accumulated and unused time allowances
2 granted in lieu of overtime compensation standing to the credit of an
3 employee at the time of his appointment, promotion or transfer to anoth-
4 er department or agency of the state. Such rules shall be subject to
5 approval of the state civil service commission.
6 § 63. Paragraph (a) of subdivision 1 of section 178 of the civil
7 service law, as added by chapter 390 of the laws of 2005, is amended to
8 read as follows:
9 (a) "Assailant" means a person arrested and charged with a crime, as
10 defined in section 10.00 of the penal law, or a person committed to,
11 certified to, or placed in the custody of the department of
12 [corrections] corrections and community supervision or any other correc-
13 tional facility or county jail.
14 § 64. Subdivision 2, the opening paragraph and paragraph (f) of subdi-
15 vision 4 of section 209 of the civil service law, subdivision 2 and the
16 opening paragraph of subdivision 4 as amended by chapter 234 of the laws
17 of 2008, paragraph (f) of subdivision 4 as amended by chapter 179 of the
18 laws of 2008, are amended to read as follows:
19 2. Public employers are hereby empowered to enter into written agree-
20 ments with recognized or certified employee organizations setting forth
21 procedures to be invoked in the event of disputes which reach an impasse
22 in the course of collective negotiations. Such agreements may include
23 the undertaking by each party to submit unresolved issues to impartial
24 arbitration. In the absence or upon the failure of such procedures,
25 public employers and employee organizations may request the board to
26 render assistance as provided in this section, or the board may render
27 such assistance on its own motion, as provided in subdivision three of
28 this section, or, in regard to officers or members of any organized fire
29 department, or any unit of the public employer which previously was a
30 part of an organized fire department whose primary mission includes the
31 prevention and control of aircraft fires, police force or police depart-
32 ment of any county, city, town, village or fire or police district, or
33 detective-investigators, or rackets investigators employed in the office
34 of a district attorney of a county, or in regard to any organized unit
35 of troopers, commissioned or noncommissioned officers of the division of
36 state police, or in regard to investigators, senior investigators and
37 investigator specialists of the division of state police, or in regard
38 to members of collective negotiating units designated as security
39 services and security supervisors who are police officers, who are
40 forest ranger captains or who are employed by the state department of
41 [correctional services] corrections and community supervision and are
42 designated as peace officers pursuant to subdivision twenty-five of
43 section 2.10 of the criminal procedure law, or in regard to members of
44 the collective negotiating unit designated as the agency law enforcement
45 services unit who are police officers pursuant to subdivision thirty-
46 four of section 1.20 of the criminal procedure law or who are forest
47 rangers, or in regard to organized units of deputy sheriffs who are
48 engaged directly in criminal law enforcement activities that aggregate
49 more than fifty per centum of their service as certified by the county
50 sheriff and are police officers pursuant to subdivision thirty-four of
51 section 1.20 of the criminal procedure law as certified by the municipal
52 police training council or Suffolk county correction officers or Suffolk
53 county park police, as provided in subdivision four of this section.
54 On request of either party or upon its own motion, as provided in
55 subdivision two of this section, and in the event the board determines
56 that an impasse exists in collective negotiations between such employee
S. 2812--C 132 A. 4012--C
1 organization and a public employer as to the conditions of employment of
2 officers or members of any organized fire department, or any other unit
3 of the public employer which previously was a part of an organized fire
4 department whose primary mission includes the prevention and control of
5 aircraft fires, police force or police department of any county, city,
6 town, village or fire or police district, and detective-investigators,
7 criminal investigators or rackets investigators employed in the office
8 of a district attorney, or as to the conditions of employment of members
9 of any organized unit of troopers, commissioned or noncommissioned offi-
10 cers of the division of state police or as to the conditions of employ-
11 ment of members of any organized unit of investigators, senior investi-
12 gators and investigator specialists of the division of state police, or
13 as to the terms and conditions of employment of members of collective
14 negotiating units designated as security services and security supervi-
15 sors, who are police officers, who are forest ranger captains or who are
16 employed by the state department of [correctional services] corrections
17 and community supervision and are designated as peace officers pursuant
18 to subdivision twenty-five of section 2.10 of the criminal procedure
19 law, or in regard to members of the collective negotiating unit desig-
20 nated as the agency law enforcement services unit who are police offi-
21 cers pursuant to subdivision thirty-four of section 1.20 of the criminal
22 procedure law or who are forest rangers, or as to the conditions of
23 employment of any organized unit of deputy sheriffs who are engaged
24 directly in criminal law enforcement activities that aggregate more than
25 fifty per centum of their service as certified by the county sheriff and
26 are police officers pursuant to subdivision thirty-four of section 1.20
27 of the criminal procedure law as certified by the municipal police
28 training council or Suffolk county correction officers or Suffolk county
29 park police, the board shall render assistance as follows:
30 (f) With regard to any members of collective negotiating units desig-
31 nated as security services or security supervisors, who are police offi-
32 cers, who are forest ranger captains or who are employed by the state
33 department of [correctional services] corrections and community super-
34 vision and are designated as peace officers pursuant to subdivision
35 twenty-five of section 2.10 of the criminal procedure law, or in regard
36 to members of the collective negotiating unit designated as the agency
37 law enforcement services unit who are police officers pursuant to subdi-
38 vision thirty-four of section 1.20 of the criminal procedure law or who
39 are forest rangers, or in regard to detective-investigators, criminal
40 investigators or rackets investigators employed in the office of a
41 district attorney of a county contained within a city with a population
42 of one million or more, the provisions of this section shall only apply
43 to the terms of collective bargaining agreements directly relating to
44 compensation, including, but not limited to, salary, stipends, location
45 pay, insurance, medical and hospitalization benefits; and shall not
46 apply to non-compensatory issues including, but not limited to, job
47 security, disciplinary procedures and actions, deployment or scheduling,
48 or issues relating to eligibility for overtime compensation which shall
49 be governed by other provisions proscribed by law.
50 § 65. Section 217-a of the county law, as added by chapter 134 of the
51 laws of 1984, is amended to read as follows:
52 § 217-a. Qualification for employment as a county correction officer.
53 A county may adopt the provisions contained in section twenty-two-a of
54 the correction law relating to qualifications of its officials who may
55 thereafter be appointed in a law enforcement capacity in any of its
56 penal correctional institutions. Any determination that would otherwise
S. 2812--C 133 A. 4012--C
1 be made by the commissioner or his or her designee of the department of
2 [correctional services] corrections and community supervision under the
3 provisions of section twenty-two-a of the correction law, shall, if such
4 provisions are so adopted, be made by the appointing authority for such
5 officials.
6 § 66. Subdivision 4 of section 652 of the county law is amended to
7 read as follows:
8 4. Before the appointment by a sheriff of any person as an undersher-
9 iff or a deputy, other than a person deputed to do particular acts, the
10 sheriff shall require such person to, and such person shall, submit to
11 the sheriff fingerprints of [the two hands of] such person, in the form
12 and manner prescribed by the division of criminal justice services, and
13 it shall thereupon be the duty of the sheriff to compare, or cause to be
14 compared such fingerprints with fingerprints filed with the division of
15 criminal [identification of the state department of correction] justice
16 services; provided, however, that in any case where the fingerprints of
17 any such person shall once have been submitted pursuant to this section
18 and are on file in the office of the sheriff, no new submission thereof
19 shall be required, nor shall the sheriff be required to make or cause to
20 be made such comparison if such comparison shall have been made previ-
21 ously and certification thereof by such department is on file in his
22 office.
23 § 67. Subdivision 9 of section 10 of the court of claims act, as added
24 by section 2 of part D of chapter 412 of the laws of 1999, is amended to
25 read as follows:
26 9. A claim of any inmate in the custody of the department of [correc-
27 tional services] corrections and community supervision for recovery of
28 damages for injury to or loss of personal property may not be filed
29 unless and until the inmate has exhausted the personal property claims
30 administrative remedy, established for inmates by the department. Such
31 claim must be filed and served within one hundred twenty days after the
32 date on which the inmate has exhausted such remedy.
33 § 68. Subdivision 6-a of section 20 of the court of claims act, as
34 amended by section 46 of part A-1 of chapter 56 of the laws of 2010, is
35 amended to read as follows:
36 6-a. Notwithstanding the provisions of subdivisions five, five-a and
37 six of this section, in any case where a judgment or any part thereof is
38 to be paid to an inmate serving a sentence of imprisonment with the
39 state department of [correctional services] corrections and community
40 supervision or to a prisoner confined at a local correctional facility,
41 the comptroller shall give written notice, if required pursuant to
42 subdivision two of section six hundred thirty-two-a of the executive
43 law, to the office of victim services that such judgment shall be paid
44 thirty days after the date of such notice.
45 § 69. Section 20-a of the court of claims act, as amended by chapter
46 62 of the laws of 2001, is amended to read as follows:
47 § 20-a. Settlement of claims. Notwithstanding any inconsistent
48 provision of this act or of the state finance law, the comptroller shall
49 examine, audit, and certify for payment the settlement of any claim
50 filed in the court of claims for injuries to personal property, real
51 property, or for personal injuries caused by the tort of an officer or
52 employee of the state while acting as such officer or employee, provided
53 that a stipulation of settlement executed by the parties shall have been
54 approved by order of the court. No such stipulation shall be executed on
55 behalf of the state without, after consultation with the director of the
56 budget, the approval of the head of the department or agency having
S. 2812--C 134 A. 4012--C
1 supervision of the officer or employee alleged to have caused the inju-
2 ries and of the attorney general. The attorney general shall cause a
3 review to be made within the department of law of all cases filed in the
4 court of claims to determine which cases are appropriate for possible
5 settlement. Payment of any claim made pursuant to the approval of a
6 settlement by the court shall be made from the funds appropriated for
7 the purpose of payment of judgments against the state pursuant to
8 section twenty of this act. In any case where payment is to be made to
9 an inmate serving a sentence of imprisonment with the state department
10 of [correctional services] corrections and community supervision or to a
11 prisoner confined at a local correctional facility, the procedures set
12 forth in subdivision six-a of section twenty of this article shall be
13 followed. On or before January fifteenth the comptroller, in consulta-
14 tion with the department of law and other agencies as may be appropri-
15 ate, shall submit to the governor and the legislature an annual account-
16 ing of settlements paid pursuant to this section during the preceding
17 and current fiscal years. Such accounting shall include, but not be
18 limited to the number, type and amount of claims so paid, as well as an
19 estimate of claims to be paid during the remainder of the current fiscal
20 year and during the following fiscal year.
21 § 70. Subdivisions 23, 23-a and 25 of section 2.10 of the criminal
22 procedure law, subdivisions 23 and 25 as added by chapter 843 of the
23 laws of 1980, and subdivision 23-a as added by chapter 404 of the laws
24 of 2000, are amended to read as follows:
25 23. Parole officers or warrant officers in the [division of parole]
26 department of corrections and community supervision.
27 23-a. Parole revocation specialists in the [division of parole]
28 department of corrections and community supervision; provided, however,
29 that nothing in this subdivision shall be deemed to authorize such
30 employee to carry, possess, repair or dispose of a firearm unless the
31 appropriate license therefor has been issued pursuant to section 400.00
32 of the penal law.
33 25. Officials, as designated by the commissioner of the department of
34 [correctional services] corrections and community supervision pursuant
35 to rules of the department, and correction officers of any state correc-
36 tional facility or of any penal correctional institution.
37 § 71. Section 120.55 of the criminal procedure law, as amended by
38 chapter 456 of the laws of 1981, is amended to read as follows:
39 § 120.55 [Warant] Warrant of arrest; [defendent] defendant under parole
40 or probation supervision.
41 If the defendant named within a warrant of arrest issued by a local
42 criminal court pursuant to the provisions of this article, or by a supe-
43 rior court issued pursuant to subdivision three of section 210.10 of
44 [such] this chapter, is under the supervision of the state [division of
45 parole] department of corrections and community supervision or a local
46 or state probation department, then a warrant for his or her arrest may
47 be executed by a parole officer or probation officer, when authorized by
48 his or her probation director, within his or her geographical area of
49 employment. The execution of the warrant by a parole officer or
50 probation officer shall be upon the same conditions and conducted in the
51 same manner as provided for execution of a warrant by a police officer.
52 § 72. Subdivisions 1, 2, 3 and 5 of section 140.10 of the criminal
53 procedure law, subdivisions 1, 2 and 3 as amended by chapter 997 of the
54 laws of 1970, paragraph (a) of subdivision 2 as amended by chapter 300
55 of the laws of 2003, and subdivision 5 as amended by chapter 476 of the
56 laws of 2009, are amended to read as follows:
S. 2812--C 135 A. 4012--C
1 § 140.10 Arrest without a warrant; by police officer; when and where
2 authorized.
3 1. Subject to the provisions of subdivision two, a police officer may
4 arrest a person for:
5 (a) Any offense when he or she has reasonable cause to believe that
6 such person has committed such offense in his or her presence; and
7 (b) A crime when he or she has reasonable cause to believe that such
8 person has committed such crime, whether in his or her presence or
9 otherwise.
10 2. A police officer may arrest a person for a petty offense, pursuant
11 to subdivision one, only when:
12 (a) Such offense was committed or believed by him or her to have been
13 committed within the geographical area of such police officer's employ-
14 ment or within one hundred yards of such geographical area; and
15 (b) Such arrest is made in the county in which such offense was
16 committed or believed to have been committed or in an adjoining county;
17 except that the police officer may follow such person in continuous
18 close pursuit, commencing either in the county in which the offense was
19 or is believed to have been committed or in an adjoining county, in and
20 through any county of the state, and may arrest him or her in any county
21 in which he or she apprehends him or her.
22 3. A police officer may arrest a person for a crime, pursuant to
23 subdivision one, whether or not such crime was committed within the
24 geographical area of such police officer's employment, and he or she may
25 make such arrest within the state, regardless of the situs of the
26 commission of the crime. In addition, he or she may, if necessary,
27 pursue such person outside the state and may arrest him or her in any
28 state the laws of which contain provisions equivalent to those of
29 section 140.55.
30 5. Upon investigating a report of a crime or offense between members
31 of the same family or household as such terms are defined in section
32 530.11 of this chapter and section eight hundred twelve of the family
33 court act, a law enforcement officer shall prepare and file a written
34 report of the incident, on a form promulgated pursuant to section eight
35 hundred thirty-seven of the executive law, including statements made by
36 the victim and by any witnesses, and make any additional reports
37 required by local law enforcement policy or regulations. Such report
38 shall be prepared and filed, whether or not an arrest is made as a
39 result of the officers' investigation, and shall be retained by the law
40 enforcement agency for a period of not less than four years. Where the
41 reported incident involved an offense committed against a person who is
42 sixty-five years of age or older a copy of the report required by this
43 subdivision shall be sent to the New York state committee for the coor-
44 dination of police services to elderly persons established pursuant to
45 section eight hundred forty-four-b of the executive law. Where the
46 reported incident involved an offense committed by an individual known
47 by the law enforcement officer to be under probation or parole super-
48 vision, he or she shall transmit a copy of the report as soon as practi-
49 cable to the supervising probation department or the [division of
50 parole] department of corrections and community supervision.
51 § 73. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
52 procedure law, as amended by chapter 169 of the laws of 1994, is amended
53 to read as follows:
54 (d) such records shall be made available to the person accused or to
55 such person's designated agent, and shall be made available to (i) a
56 prosecutor in any proceeding in which the accused has moved for an order
S. 2812--C 136 A. 4012--C
1 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
2 enforcement agency upon ex parte motion in any superior court, if such
3 agency demonstrates to the satisfaction of the court that justice
4 requires that such records be made available to it, or (iii) any state
5 or local officer or agency with responsibility for the issuance of
6 licenses to possess guns, when the accused has made application for such
7 a license, or (iv) the New York state [division of parole] department of
8 corrections and community supervision when the accused is on parole
9 supervision as a result of conditional release or a parole release
10 granted by the New York state board of parole, and the arrest which is
11 the subject of the inquiry is one which occurred while the accused was
12 under such supervision or (v) any prospective employer of a police offi-
13 cer or peace officer as those terms are defined in subdivisions thirty-
14 three and thirty-four of section 1.20 of this chapter, in relation to an
15 application for employment as a police officer or peace officer;
16 provided, however, that every person who is an applicant for the posi-
17 tion of police officer or peace officer shall be furnished with a copy
18 of all records obtained under this paragraph and afforded an opportunity
19 to make an explanation thereto, or (vi) the probation department respon-
20 sible for supervision of the accused when the arrest which is the
21 subject of the inquiry is one which occurred while the accused was under
22 such supervision; and
23 § 74. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
24 procedure law, as amended by chapter 476 of the laws of 2009, is amended
25 to read as follows:
26 (d) the records referred to in paragraph (c) of this subdivision shall
27 be made available to the person accused or to such person's designated
28 agent, and shall be made available to (i) a prosecutor in any proceeding
29 in which the accused has moved for an order pursuant to section 170.56
30 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
31 parte motion in any superior court, if such agency demonstrates to the
32 satisfaction of the court that justice requires that such records be
33 made available to it, or (iii) any state or local officer or agency with
34 responsibility for the issuance of licenses to possess guns, when the
35 accused has made application for such a license, or (iv) the New York
36 state [division of parole] department of corrections and community
37 supervision when the accused is under parole supervision as a result of
38 conditional release or parole release granted by the New York state
39 board of parole and the arrest which is the subject of the inquiry is
40 one which occurred while the accused was under such supervision, or (v)
41 the probation department responsible for supervision of the accused when
42 the arrest which is the subject of the inquiry is one which occurred
43 while the accused was under such supervision, or (vi) a police agency,
44 probation department, sheriff's office, district attorney's office,
45 department of correction of any municipality and parole department, for
46 law enforcement purposes, upon arrest in instances in which the individ-
47 ual stands convicted of harassment in the second degree, as defined in
48 section 240.26 of the penal law, committed against a member of the same
49 family or household as the defendant, as defined in subdivision one of
50 section 530.11 of this chapter, and determined pursuant to subdivision
51 eight-a of section 170.10 of this title; and
52 § 75. Subdivisions 4 and 5 of section 380.50 of the criminal procedure
53 law, as amended by chapter 7 of the laws of 2007, are amended to read as
54 follows:
55 4. Regardless of whether the victim requests to make a statement with
56 regard to the defendant's sentence, where the defendant is committed to
S. 2812--C 137 A. 4012--C
1 the custody of the department of [correctional services] corrections and
2 community supervision upon a sentence of imprisonment for conviction of
3 a violent felony offense as defined in section 70.02 of the penal law or
4 a felony defined in article one hundred twenty-five of such law, or a
5 sex offense as defined in subdivision (p) of section 10.03 of the mental
6 hygiene law, within sixty days of the imposition of sentence the prose-
7 cutor shall provide the victim with a form, prepared and distributed by
8 the commissioner of the department of [correctional services]
9 corrections and community supervision, on which the victim may indicate
10 a demand to be informed of the escape, absconding, discharge, parole,
11 conditional release, release to post-release supervision, transfer to
12 the custody of the office of mental health pursuant to article ten of
13 the mental hygiene law, or release from confinement under article ten of
14 the mental hygiene law of the person so imprisoned. If the victim
15 submits a completed form to the prosecutor, it shall be the duty of the
16 prosecutor to mail promptly such form to the department of [correctional
17 services] corrections and community supervision.
18 5. Following the receipt of such form from the prosecutor, it shall be
19 the duty of the department of [correctional services] corrections and
20 community supervision or, where the person is committed to the custody
21 of the office of mental health, at the time such person is discharged,
22 paroled, conditionally released, released to post-release supervision,
23 or released from confinement under article ten of the mental hygiene
24 law, to notify the victim of such occurrence by certified mail directed
25 to the address provided by the victim. In the event such person escapes
26 or absconds from a facility under the jurisdiction of the department of
27 [correctional services] corrections and community supervision, it shall
28 be the duty of such department to notify immediately the victim of such
29 occurrence at the most current address or telephone number provided by
30 the victim in the most reasonable and expedient possible manner. In the
31 event such escapee or absconder is subsequently taken into custody by
32 the department of [correctional services] corrections and community
33 supervision, it shall be the duty of such department to notify the
34 victim of such occurrence by certified mail directed to the address
35 provided by the victim within forty-eight hours of regaining such custo-
36 dy. In the case of a person who escapes or absconds from confinement
37 under article ten of the mental hygiene law, the office of mental health
38 shall notify the victim or victims in accordance with the procedures set
39 forth in subdivision (g) of section 10.10 of the mental hygiene law. In
40 no case shall the state be held liable for failure to provide any notice
41 required by this subdivision.
42 § 76. Subdivisions 1, 6 and 8 of section 410.91 of the criminal proce-
43 dure law, subdivision 1 as amended by chapter 121 of the laws of 2010
44 and subdivisions 6 and 8 as added by chapter 3 of the laws of 1995, are
45 amended to read as follows:
46 1. A sentence of parole supervision is an indeterminate sentence of
47 imprisonment, or a determinate sentence of imprisonment imposed pursuant
48 to paragraphs (b) and (d) of subdivision three of section 70.70 of the
49 penal law, which may be imposed upon an eligible defendant, as defined
50 in subdivision two of this section. If an indeterminate sentence, such
51 sentence shall have a minimum term and a maximum term within the ranges
52 specified by subdivisions three and four of section 70.06 of the penal
53 law. If a determinate sentence, such sentence shall have a term within
54 the ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of
55 subdivision three of section 70.70 of the penal law. Provided, however,
56 if the court directs that the sentence be executed as a sentence of
S. 2812--C 138 A. 4012--C
1 parole supervision, it shall remand the defendant for immediate delivery
2 to a reception center operated by the state department of [correctional
3 services] corrections and community supervision, in accordance with
4 section 430.20 of this chapter and section six hundred one of the
5 correction law, for a period not to exceed ten days. An individual who
6 receives such a sentence shall be placed under the immediate supervision
7 of the [state division of parole] department of corrections and communi-
8 ty supervision and must comply with the conditions of parole, which
9 shall include an initial placement in a drug treatment campus for a
10 period of ninety days at which time the defendant shall be released
11 therefrom.
12 6. Upon delivery of the defendant to the reception center, he or she
13 shall be given a copy of the conditions of parole by a representative of
14 the [division of parole] department of corrections and community super-
15 vision and shall acknowledge receipt of a copy of the conditions in
16 writing. The conditions shall be established in accordance with article
17 twelve-B of the executive law and the rules and regulations of the
18 [division] board of parole. Thereafter and while the parolee is partic-
19 ipating in the intensive drug treatment program provided at the drug
20 treatment campus, the [division of parole] department of corrections and
21 community supervision shall assess the parolee's special needs and shall
22 develop an intensive program of parole supervision that will address the
23 parolee's substance abuse history and which shall include periodic
24 urinalysis testing. Unless inappropriate, such program shall include the
25 provision of treatment services by a community-based substance abuse
26 service provider which has a contract with the [division of parole]
27 department of corrections and community supervision.
28 8. If the parole officer having charge of a person sentenced to parole
29 supervision pursuant to this section has reasonable cause to believe
30 that such person has violated the conditions of his or her parole, the
31 procedures of subdivision three of section two hundred fifty-nine-i of
32 the executive law shall apply to the issuance of a warrant and the
33 conduct of further proceedings; provided, however, that a parole
34 violation warrant issued for a violation committed while the parolee is
35 being supervised at a drug treatment campus shall constitute authority
36 for the immediate placement of the parolee into a correctional facility
37 operated by the department of [correctional services] corrections and
38 community supervision, which to the extent practicable shall be reason-
39 ably proximate to the place at which the violation occurred, to hold in
40 temporary detention pending completion of the procedures required by
41 subdivision three of section two hundred fifty-nine-i of the executive
42 law.
43 § 77. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
44 law, as amended by chapter 3 of the laws of 1995, are amended to read as
45 follows:
46 2. Indeterminate and determinate sentences. In the case of an indeter-
47 minate or determinate sentence of imprisonment, commitment must be to
48 the custody of the state department of [correctional services]
49 corrections and community supervision as provided in subdivision one of
50 section 70.20 of the penal law. The order of commitment must direct that
51 the defendant be delivered to an institution designated by the commis-
52 sioner of [correctional services] corrections and community supervision
53 in accordance with the provisions of the correction law.
54 4. Certain resentences. When a sentence of imprisonment that has been
55 imposed on a defendant is vacated and a new sentence is imposed on such
56 defendant for the same offense, or for an offense based upon the same
S. 2812--C 139 A. 4012--C
1 act, if the term of the new definite or determinate sentence or the
2 maximum term of the new indeterminate sentence so imposed is less than
3 or equal to that of the vacated sentence:
4 (a) where the time served by the defendant on the vacated sentence is
5 equal to or greater than the term or maximum term of the new sentence,
6 the new sentence shall be deemed to be served in its entirety and the
7 defendant shall not be committed to a correctional facility pursuant to
8 said sentence; and
9 (b) where the defendant was under the supervision of a local condi-
10 tional release commission or the [division of parole] department of
11 corrections and community supervision at the time the sentence was
12 vacated, then the commitment shall direct that said conditional release
13 or parole be recommenced, and the defendant shall not be committed to a
14 correctional facility pursuant to said sentence, except as a result of
15 revocation of parole or of conditional release; and
16 (c) where the defendant was not under the supervision of the [division
17 of parole] department of corrections and community supervision at the
18 time the indeterminate or determinate sentence was vacated, but would
19 immediately be eligible for conditional release from the new indetermi-
20 nate or determinate sentence, the court shall ascertain from the depart-
21 ment of [correctional services] corrections and community supervision
22 whether the defendant has earned a sufficient amount of good time under
23 the vacated sentence so as to require the conditional release of the
24 defendant under the new sentence; in the event the defendant has earned
25 a sufficient amount of good time, the court shall stay execution of
26 sentence until the defendant surrenders at a correctional facility
27 pursuant to the direction of the department of [correctional services]
28 corrections and community supervision, which shall occur no later than
29 sixty days after imposition of sentence; upon said stay of execution,
30 the court clerk shall immediately mail to the commissioner of [correc-
31 tional services] corrections and community supervision a certified copy
32 of the commitment reflecting said stay of execution and the name, mail-
33 ing address and telephone number of the defendant's legal represen-
34 tative; in the event the defendant fails to surrender as directed by the
35 department of [correctional services] corrections and community super-
36 vision, the department shall notify the court which shall thereafter
37 remand the defendant to custody pursuant to section 430.30 of this arti-
38 cle; and
39 (d) upon the resentence of a defendant as described in this subdivi-
40 sion, the court clerk shall immediately mail a certified copy of the
41 commitment to the commissioner of [correctional services] corrections
42 and community supervision if the vacated sentence or the new sentence is
43 an indeterminate or determinate sentence and no mailing is required by
44 paragraph (c) of this subdivision; additionally, the court clerk shall
45 immediately mail a certified copy of the new commitment to the head of
46 the appropriate local correctional facility if the vacated sentence or
47 the new sentence is a definite sentence.
48 § 78. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
49 law, subdivision 2 as amended by chapter 788 of the laws of 1971 and
50 subdivision 4 as amended by chapter 370 of the laws of 1994, are amended
51 to read as follows:
52 2. Indeterminate [and reformatory] sentences. In the case of an inde-
53 terminate [or reformatory] sentence of imprisonment, commitment must be
54 to the custody of the state department of [correctional services]
55 corrections and community supervision as provided in subdivision one of
56 section 70.20 [and section 75.05] of the penal law. The order of commit-
S. 2812--C 140 A. 4012--C
1 ment must direct that the defendant be delivered to an institution
2 designated by the commissioner of [correctional services] corrections
3 and community supervision in accordance with the provisions of the
4 correction law.
5 4. Certain resentences. When a sentence of imprisonment that has been
6 imposed on a defendant is vacated and a new sentence is imposed on such
7 defendant for the same offense, or for an offense based upon the same
8 act, if the term of the new definite sentence or the maximum term of the
9 new indeterminate sentence so imposed is less than or equal to that of
10 the vacated sentence:
11 (a) where the time served by the defendant on the vacated sentence is
12 equal to or greater than the term or maximum term of the new sentence,
13 the new sentence shall be deemed to be served in its entirety and the
14 defendant shall not be committed to a correctional facility pursuant to
15 said sentence; and
16 (b) where the defendant was under the supervision of a local condi-
17 tional release commission or the [division of parole] department of
18 corrections and community supervision at the time the sentence was
19 vacated, then the commitment shall direct that said conditional release
20 or parole be recommenced, and the defendant shall not be committed to a
21 correctional facility pursuant to said sentence, except as a result of
22 revocation of parole or of conditional release; and
23 (c) where the defendant was not under the supervision of the [division
24 of parole] department of corrections and community supervision at the
25 time the indeterminate sentence was vacated, but would immediately be
26 eligible for conditional release from the new indeterminate sentence,
27 the court shall ascertain from the department of [correctional services]
28 corrections and community supervision whether the defendant has earned a
29 sufficient amount of good time under the vacated sentence so as to
30 require the conditional release of the defendant under the new sentence;
31 in the event the defendant has earned a sufficient amount of good time,
32 the court shall stay execution of sentence until the defendant surren-
33 ders at a correctional facility pursuant to the direction of the depart-
34 ment of [correctional services] corrections and community supervision,
35 which shall occur no later than sixty days after imposition of sentence;
36 upon said stay of execution, the court clerk shall immediately mail to
37 the commissioner of [correctional services] corrections and community
38 supervision a certified copy of the commitment reflecting said stay of
39 execution and the name, mailing address and telephone number of the
40 defendant's legal representative; in the event the defendant fails to
41 surrender as directed by the department of [correctional services]
42 corrections and community supervision, the department shall notify the
43 court which shall thereafter remand the defendant to custody pursuant to
44 section 430.30 of this article; and
45 (d) upon the resentence of a defendant as described in this subdivi-
46 sion, the court clerk shall immediately mail a certified copy of the
47 commitment to the commissioner of [correctional services] corrections
48 and community supervision if the vacated sentence or the new sentence is
49 an indeterminate sentence and no mailing is required by paragraph (c) of
50 this subdivision; additionally, the court clerk shall immediately mail a
51 certified copy of the new commitment to the head of the appropriate
52 local correctional facility if the vacated sentence or the new sentence
53 is a definite sentence.
54 § 79. Subdivision 1 of section 440.46 of the criminal procedure law,
55 as added by section 9 of part AAA of chapter 56 of the laws of 2009, is
56 amended to read as follows:
S. 2812--C 141 A. 4012--C
1 1. Any person in the custody of the department of [correctional
2 services] corrections and community supervision convicted of a class B
3 felony offense defined in article two hundred twenty of the penal law
4 which was committed prior to January thirteenth, two thousand five, who
5 is serving an indeterminate sentence with a maximum term of more than
6 three years, may, except as provided in subdivision five of this
7 section, upon notice to the appropriate district attorney, apply to be
8 resentenced to a determinate sentence in accordance with sections 60.04
9 and 70.70 of the penal law in the court which imposed the sentence.
10 § 80. Subdivision 1 of section 440.50 of the criminal procedure law,
11 as amended by chapter 186 of the laws of 2005, is amended to read as
12 follows:
13 1. Upon the request of a victim of a crime, or in any event in all
14 cases in which the final disposition includes a conviction of a violent
15 felony offense as defined in section 70.02 of the penal law or a felony
16 defined in article one hundred twenty-five of such law, the district
17 attorney shall, within sixty days of the final disposition of the case,
18 inform the victim by letter of such final disposition. If such final
19 disposition results in the commitment of the defendant to the custody of
20 the department of [correctional services] corrections and community
21 supervision for an indeterminate sentence, the notice provided to the
22 crime victim shall also inform the victim of his or her right to submit
23 a written, audiotaped, or videotaped victim impact statement to the
24 [state division of parole] department of corrections and community
25 supervision or to meet personally with a member of the state board of
26 parole at a time and place separate from the personal interview between
27 a member or members of the board and the inmate and make such a state-
28 ment, subject to procedures and limitations contained in rules of the
29 board, both pursuant to subdivision two of section two hundred fifty-
30 nine-i of the executive law. The right of the victim under this subdivi-
31 sion to submit a written victim impact statement or to meet personally
32 with a member of the state board of parole applies to each personal
33 interview between a member or members of the board and the inmate.
34 § 81. Subdivisions 8 and 9 of section 530.12 of the criminal procedure
35 law, subdivision 8 as amended by section 5 of part D of chapter 56 of
36 the laws of 2008, and subdivision 9 as amended by chapter 530 of the
37 laws of 1980, are amended to read as follows:
38 8. In any proceeding in which an order of protection or temporary
39 order of protection or a warrant has been issued under this section, the
40 clerk of the court shall issue to the complainant and defendant and
41 defense counsel and to any other person affected by the order a copy of
42 the order of protection or temporary order of protection and ensure that
43 a copy of the order of protection or temporary order of protection be
44 transmitted to the local correctional facility where the individual is
45 or will be detained, the state or local correctional facility where the
46 individual is or will be imprisoned, and the supervising probation
47 department or [division of parole] department of corrections and commu-
48 nity supervision where the individual is under probation or parole
49 supervision. The presentation of a copy of such order or a warrant to
50 any peace officer acting pursuant to his or her special duties or police
51 officer shall constitute authority for him or her to arrest a person who
52 has violated the terms of such order and bring such person before the
53 court and, otherwise, so far as lies within his or her power, to aid in
54 securing the protection such order was intended to afford.
55 9. If no warrant, order or temporary order of protection has been
56 issued by the court, and an act alleged to be a family offense as
S. 2812--C 142 A. 4012--C
1 defined in section 530.11 of this chapter is the basis of the arrest,
2 the magistrate shall permit the complainant to file a petition, informa-
3 tion or accusatory instrument and for reasonable cause shown, shall
4 thereupon hold such respondent or defendant, admit to, fix or accept
5 bail, or parole him or her for hearing before the family court or appro-
6 priate criminal court as the complainant shall choose in accordance with
7 the provisions of section 530.11 of this chapter.
8 § 82. Subdivision 6 of section 530.13 of the criminal procedure law,
9 as amended by section 6 of part D of chapter 56 of the laws of 2008, is
10 amended to read as follows:
11 6. In any proceeding in which an order of protection or temporary
12 order of protection or a warrant has been issued under this section, the
13 clerk of the court shall issue to the victim and the defendant and
14 defense counsel and to any other person affected by the order, a copy of
15 the order of protection or temporary order of protection and ensure that
16 a copy of the order of protection or temporary order of protection be
17 transmitted to the local correctional facility where the individual is
18 or will be detained, the state or local correctional facility where the
19 individual is or will be imprisoned, and the supervising probation
20 department or [division of parole] department of corrections and commu-
21 nity supervision where the individual is under probation or parole
22 supervision. The presentation of a copy of such order or a warrant to
23 any police officer or peace officer acting pursuant to his or her
24 special duties shall constitute authority for him or her to arrest a
25 person who has violated the terms of such order and bring such person
26 before the court and, otherwise, so far as lies within his or her power,
27 to aid in securing the protection such order was intended to afford.
28 § 83. Subdivisions 4, 5 and 6 of section 530.70 of the criminal proce-
29 dure law, subdivisions 4 and 5 as added and subdivision 6 as renumbered
30 by chapter 565 of the laws of 1988 and subdivision 6 as amended by chap-
31 ter 456 of the laws of 1981, are amended to read as follows:
32 4. The issuing court may authorize the delegation of such warrant.
33 Where the issuing court has so authorized, a police officer to whom a
34 bench warrant is addressed may delegate another police officer to whom
35 it is not addressed to execute such warrant as his or her agent when:
36 (a) He or she has reasonable cause to believe that the defendant is in
37 a particular county other than the one in which the warrant is return-
38 able; and
39 (b) The geographical area of employment of the delegated police offi-
40 cer embraces the locality where the arrest is to be made.
41 5. Under circumstances specified in subdivision four, the police offi-
42 cer to whom the bench warrant is addressed may inform the delegated
43 officer, by telecommunication, mail or any other means, of the issuance
44 of the warrant, of the offense charged in the underlying accusatory
45 instrument and of all other pertinent details, and may request him or
46 her to act as his or her agent in arresting the defendant pursuant to
47 such bench warrant. Upon such request, the delegated police officer is
48 to the same extent as the delegating officer, authorized to make such
49 arrest pursuant to the bench warrant within the geographical area of
50 such delegated officer's employment. Upon so arresting the defendant, he
51 or she must without unnecessary delay deliver the defendant or cause him
52 or her to be delivered to the custody of the police officer by whom he
53 or she was so delegated, and the latter must then without unnecessary
54 delay bring the defendant before the court in which such bench warrant
55 is returnable.
S. 2812--C 143 A. 4012--C
1 6. A bench warrant may be executed by an officer of the state [divi-
2 sion of parole] department of corrections and community supervision or a
3 probation officer when the person named within the warrant is under the
4 supervision of the [division of parole] department of corrections and
5 community supervision or a department of probation and the probation
6 officer is authorized by his or her probation director, as the case may
7 be. The warrant must be executed upon the same conditions and in the
8 same manner as is otherwise provided for execution by a police officer.
9 § 84. Section 570.54 of the criminal procedure law, subdivisions 2 and
10 3 as amended by chapter 2 of the laws of 1980, is amended to read as
11 follows:
12 § 570.54 Application for issuance of requisition; by whom made;
13 contents.
14 1. When the return to this state of a person charged with crime in
15 this state is required, the district attorney of the county in which the
16 offense was committed, or, if the offense is one which is cognizable by
17 him or her, the attorney general shall present to the governor his or
18 her written application for a requisition for the return of the person
19 charged, in which application shall be stated the name of the person so
20 charged, the crime charged against him or her, the approximate time,
21 place and circumstances of its commission, the state in which he or she
22 is believed to be, including the location of the accused therein at the
23 time the application is made and certifying that, in the opinion of the
24 said district attorney or attorney general the ends of justice require
25 the arrest and return of the accused to this state for trial and that
26 the proceeding is not instituted to enforce a private claim.
27 2. When there is required the return to this state of a person who
28 has been convicted of a crime in this state and has escaped from
29 confinement or broken the terms of his or her bail, probation or parole,
30 the district attorney of the county in which the offense was committed,
31 [the parole board, or] the warden of the institution or sheriff of the
32 county, from which escape was made, or the commissioner of the state
33 department of [correctional services] corrections and community super-
34 vision or his or her designee shall present to the governor a written
35 application for a requisition for the return of such person, in which
36 application shall be stated the name of the person, the crime of which
37 he or she was convicted, the circumstances of his or her escape from
38 confinement or of the breach of the terms of his or her bail, probation
39 or parole, the state in which he or she is believed to be, including the
40 location of the person therein at the time the application is made.
41 3. The application shall be verified by affidavit, shall be executed
42 in duplicate and shall be accompanied by two certified copies of the
43 accusatory instrument stating the offense with which the accused is
44 charged, or of the judgment of conviction or of the sentence. The
45 district attorney, attorney general, [parole board,] warden, sheriff or
46 the commissioner of the state department of [correctional services]
47 corrections and community supervision or his or her designee may also
48 attach such further affidavits and other documents in duplicate as he or
49 she shall deem proper to be submitted with such application. One copy of
50 the application, with the action of the governor indicated by endorse-
51 ment thereon, and one of the certified copies of the accusatory instru-
52 ment, or of the judgment of conviction or the sentence shall be filed in
53 the office of the secretary of state to remain of record in that office.
54 The other copies of all papers shall be forwarded with the governor's
55 requisition.
S. 2812--C 144 A. 4012--C
1 § 85. Section 570.56 of the criminal procedure law, as amended by
2 chapter 193 of the laws of 1995, is amended to read as follows:
3 § 570.56 Expense of extradition.
4 The expenses of extradition must be borne by the county from which the
5 application for a requisition comes or, where the application is made by
6 the attorney general, by the county in which the offense was committed.
7 In the case of extradition of a person who has been convicted of a crime
8 in this state and has escaped from a state prison or reformatory, the
9 expense of extradition shall be borne by the department of [correctional
10 services] corrections and community supervision. Where a person has
11 broken the terms of his or her parole from a state prison or reformato-
12 ry, the expense of extradition shall be borne by the state [division of
13 parole] department of corrections and community supervision. Where a
14 person has broken the terms of his or her bail or probation, the expense
15 of extradition shall be borne by the county. Where a person has been
16 convicted but not yet confined to a prison, or has been sentenced for a
17 felony to a county jail or penitentiary and escapes, the expenses of
18 extradition shall be charged to the county from whose custody the escape
19 is effected. Nothing in this section shall preclude a county[,] or the
20 department of [correctional services or the state division of parole]
21 corrections and community supervision, as the case may be, from collect-
22 ing the expenses involved in extradition from the person who was extrad-
23 ited.
24 § 86. Section 650.10 of the criminal procedure law, as amended by
25 chapter 550 of the laws of 1978, is amended to read as follows:
26 § 650.10 Securing attendance of prisoner in this state as witness in
27 proceeding without the state.
28 If a judge of a court of record in any other state, which by its laws
29 has made provision for commanding a prisoner within that state to attend
30 and testify in this state, certifies under the seal of that court that
31 there is a criminal prosecution pending in such court or that a grand
32 jury investigation has commenced, and that a person confined in a New
33 York state correctional institution or prison within the department of
34 [correction] corrections and community supervision, other than a person
35 confined as criminally mentally ill, or as a defective delinquent, or
36 confined in the death house awaiting execution, is a material witness in
37 such prosecution or investigation and that his or her presence is
38 required for a specified number of days, upon presentment of such
39 certificate to a judge of a superior court in the county where the
40 person is confined, upon notice to the attorney general, such judge,
41 shall fix a time and place for a hearing and shall make an order
42 directed to the person having custody of the prisoner requiring that
43 such prisoner be produced at the hearing.
44 If at such hearing the judge determines that the prisoner is a materi-
45 al and necessary witness in the requesting state, the judge shall issue
46 an order directing that the prisoner attend in the court where the pros-
47 ecution or investigation is pending, upon such terms and conditions as
48 the judge prescribes, including among other things, provision for the
49 return of the prisoner at the conclusion of his or her testimony, proper
50 safeguards on his or her custody, and proper financial reimbursement or
51 other payment by the demanding jurisdiction for all expenses incurred in
52 the production and return of the prisoner.
53 The attorney general is authorized as agent for the state of New York,
54 when in his or her judgment it is necessary, to enter into such agree-
55 ments with the appropriate authorities of the demanding jurisdiction as
S. 2812--C 145 A. 4012--C
1 he or she determines necessary to ensure proper compliance with the
2 order of the court.
3 § 87. Subdivisions 1, 2 and 4 of section 720.35 of the criminal proce-
4 dure law, subdivision 1 as amended by chapter 452 of the laws of 1992,
5 subdivision 2 as amended by chapter 412 of the laws of 2001 and subdivi-
6 sion 4 as added by chapter 7 of the laws of 2007, are amended to read as
7 follows:
8 1. A youthful offender adjudication is not a judgment of conviction
9 for a crime or any other offense, and does not operate as a disquali-
10 fication of any person so adjudged to hold public office or public
11 employment or to receive any license granted by public authority but
12 shall be deemed a conviction only for the purposes of transfer of super-
13 vision and custody pursuant to section two hundred fifty-nine-m of the
14 executive law.
15 2. Except where specifically required or permitted by statute or upon
16 specific authorization of the court, all official records and papers,
17 whether on file with the court, a police agency or the division of crim-
18 inal justice services, relating to a case involving a youth who has been
19 adjudicated a youthful offender, are confidential and may not be made
20 available to any person or public or private agency, other than the
21 designated educational official of the public or private elementary or
22 secondary school in which the youth is enrolled as a student provided
23 that such local educational official shall only have made available a
24 notice of such adjudication and shall not have access to any other offi-
25 cial records and papers, such youth or such youth's designated agent
26 (but only where the official records and papers sought are on file with
27 a court and request therefor is made to that court or to a clerk there-
28 of), an institution to which such youth has been committed, the [divi-
29 sion of parole] department of corrections and community supervision and
30 a probation department of this state that requires such official records
31 and papers for the purpose of carrying out duties specifically author-
32 ized by law; provided, however, that information regarding an order of
33 protection or temporary order of protection issued pursuant to section
34 530.12 of this chapter or a warrant issued in connection therewith may
35 be maintained on the statewide automated order of protection and warrant
36 registry established pursuant to section two hundred twenty-one-a of the
37 executive law during the period that such order of protection or tempo-
38 rary order of protection is in full force and effect or during which
39 such warrant may be executed. Such confidential information may be made
40 available pursuant to law only for purposes of adjudicating or enforcing
41 such order of protection or temporary order of protection and, where
42 provided to a designated educational official, as defined in section
43 380.90 of this chapter, for purposes related to the execution of the
44 student's educational plan, where applicable, successful school adjust-
45 ment and reentry into the community. Such notification shall be kept
46 separate and apart from such student's school records and shall be
47 accessible only by the designated educational official. Such notifica-
48 tion shall not be part of such student's permanent school record and
49 shall not be appended to or included in any documentation regarding such
50 student and shall be destroyed at such time as such student is no longer
51 enrolled in the school district. At no time shall such notification be
52 used for any purpose other than those specified in this subdivision.
53 4. Notwithstanding subdivision two of this section, whenever a person
54 is adjudicated a youthful offender and the conviction that was vacated
55 and replaced by the youthful offender finding was for a sex offense as
56 that term is defined in article ten of the mental hygiene law, all
S. 2812--C 146 A. 4012--C
1 records pertaining to the youthful offender adjudication shall be
2 included in those records and reports that may be obtained by the
3 commissioner of mental health or the commissioner of [mental retardation
4 and developmental disabilities] developmental disabilities, as appropri-
5 ate; the case review panel; and the attorney general pursuant to section
6 10.05 of the mental hygiene law.
7 § 88. Paragraph b of subdivision 1 of section 272 of the education
8 law, as amended by chapter 787 of the laws of 1978, is amended to read
9 as follows:
10 b. The "area served" by a public library system for the purposes of
11 this article shall mean the area which the public library system
12 proposes to serve in its approved plan of service. In determining the
13 population of the area served by the public library system the popu-
14 lation shall be deemed to be that shown by the latest federal census for
15 the political subdivisions in the area served. Such population shall be
16 certified in the same manner as provided by section fifty-four of the
17 state finance law except that such population shall include the reserva-
18 tion and school Indian population and inmates of state institutions
19 under the direction, supervision or control of the state department of
20 [correction] corrections and community supervision, the state department
21 of mental hygiene and the state department of social welfare. In the
22 event that any of the political subdivisions receiving library service
23 are included within a larger political subdivision which is a part of
24 the public library system the population used for the purposes of
25 computing state aid shall be the population of the larger political
26 subdivision, provided however, that where any political subdivision
27 within a larger political subdivision shall have taken an interim census
28 since the last census taken of the larger political subdivision, the
29 population of the larger political subdivision may be adjusted to
30 reflect such interim census and, as so adjusted, may be used until the
31 next census of such larger political subdivision. In the event that the
32 area served is not coterminous with a political subdivision, the popu-
33 lation of which is shown on such census, or the area in square miles of
34 which is available from official sources, such population and area shall
35 be determined, for the purpose of computation of state aid pursuant to
36 section two hundred seventy-three of this part by applying to the popu-
37 lation and area in square miles of such political subdivision, the ratio
38 which exists between the assessed valuation of the portion of such poli-
39 tical subdivision included within the area served and the total assessed
40 valuation of such political subdivision.
41 § 89. Subparagraph 3 of paragraph a of subdivision 9 of section 605 of
42 the education law, as amended by chapter 523 of the laws of 1992, is
43 amended to read as follows:
44 (3) The applicant must agree to practice medicine in an area in New
45 York state designated as having a shortage of physicians. The regents,
46 after consultation with the commissioners of health, [correctional
47 services] corrections and community supervision, mental health and
48 [mental retardation and] developmental disabilities, shall designate
49 those regions and facilities of New York state which have a shortage of
50 physicians for the purposes of this section and establish relative rank-
51 ings thereof.
52 § 90. Subdivision 6 of section 6542 of the education law, as amended
53 by chapter 179 of the laws of 1992, is amended to read as follows:
54 6. Notwithstanding any other provision of this article, nothing shall
55 prohibit a physician employed by or rendering services to the department
56 of [correctional services] corrections and community supervision under
S. 2812--C 147 A. 4012--C
1 contract from supervising no more than four physician assistants or
2 specialist assistants in his practice for the department of [correction-
3 al services] corrections and community supervision.
4 § 91. Subdivision 16-a of section 3-102 of the election law, as added
5 by section 10 of part OO of chapter 56 of the laws of 2010, is amended
6 to read as follows:
7 16-a. provide the department of [correctional services and the divi-
8 sion of parole] corrections and community supervision with a sufficient
9 number of voter registration forms to allow the department of [correc-
10 tional services and the division of parole] corrections and community
11 supervision to comply with the duty to provide such voter registration
12 forms to persons upon the expiration of their maximum sentence of impri-
13 sonment. Such voter registration forms shall be addressed to the state
14 board of elections.
15 § 92. Subdivision 3 of section 11-0707 of the environmental conserva-
16 tion law, as amended by chapter 319 of the laws of 2003, is amended to
17 read as follows:
18 3. Any person who is a patient at any facility in this state main-
19 tained by the United States Veterans' Administration or at any hospital
20 or sanitorium for treatment of tuberculosis maintained by the state or
21 any municipal corporation thereof or resident patient at any institution
22 of the department of Mental Hygiene, or resident patient at the rehabil-
23 itation hospital of the department of Health, or at any rest camp main-
24 tained by the state through the Division of Veterans' Affairs in the
25 Executive Department or any inmate of a conservation work camp within
26 the youth rehabilitation facility of the department of [correction]
27 corrections and community supervision, or any inmate of a youth opportu-
28 nity or youth rehabilitation center within the Office of Children and
29 Family Services, any resident of a nursing home or residential health
30 care facility as defined in subdivisions two and three of section twen-
31 ty-eight hundred one of the public health law, or any staff member or
32 volunteer accompanying or assisting one or more residents of such nurs-
33 ing home or residential health care facility on an outing authorized by
34 the administrator of such nursing home or residential health care facil-
35 ity may take fish as if he held a fishing license, except that he may
36 not take bait fish by net or trap, if he has on his person an authori-
37 zation upon a form furnished by the department containing such identify-
38 ing information and data as may be required by it, and signed by the
39 superintendent or other head of such facility, institution, hospital,
40 sanitarium, nursing home, residential health care facility or rest camp,
41 as the case may be, or by a staff physician thereat duly authorized so
42 to do by the superintendent or other head thereof. Such authorization
43 with respect to inmates of said conservation work camps shall be limited
44 to areas under the care, custody and control of the department.
45 § 93. Subdivision 1 of section 21 of the executive law, as amended by
46 section 2 of part B of chapter 56 of the laws of 2010, is amended to
47 read as follows:
48 1. There is hereby created in the executive department a disaster
49 preparedness commission consisting of the commissioners of transporta-
50 tion, health, division of criminal justice services, education, social
51 services, economic development, agriculture and markets, housing and
52 community renewal, general services, labor, environmental conservation,
53 mental health, parks, recreation and historic preservation, [correction-
54 al services] corrections and community supervision and children and
55 family services, the president of the New York state energy research and
56 development authority, the superintendents of state police, insurance,
S. 2812--C 148 A. 4012--C
1 banking, the secretary of state, the state fire administrator, the chair
2 of the public service commission, the adjutant general, the directors of
3 the offices within the division of homeland security and emergency
4 services, the office for technology, and the office of victim services,
5 the chairs of the thruway authority, the metropolitan transportation
6 authority, the port authority of New York and New Jersey, the chief
7 professional officer of the state coordinating chapter of the American
8 Red Cross and three additional members, to be appointed by the governor,
9 two of whom shall be chief executives. Each member agency may designate
10 an officer of that agency, with responsibility for disaster preparedness
11 matters, who may represent that agency on the commission. The commis-
12 sioner of the division of homeland security and emergency services shall
13 serve as chair of the commission, and the governor shall designate the
14 vice chair of the commission. The members of the commission, except
15 those who serve ex officio, shall be allowed their actual and necessary
16 expenses incurred in the performance of their duties under this article
17 but shall receive no additional compensation for services rendered
18 pursuant to this article.
19 § 94. Paragraph (a) of subdivision 1 of section 169 of the executive
20 law, as amended by section 20 of part B of chapter 56 of the laws of
21 2010, is amended to read as follows:
22 (a) commissioner of [correctional services] corrections and community
23 supervision, commissioner of education, commissioner of health, commis-
24 sioner of mental health, commissioner of [mental retardation and] devel-
25 opmental disabilities, commissioner of children and family services,
26 commissioner of temporary and disability assistance, chancellor of the
27 state university of New York, commissioner of transportation, commis-
28 sioner of environmental conservation, superintendent of state police,
29 commissioner of general services and commissioner of the division of
30 homeland security and emergency services;
31 § 95. Section 354-a of the executive law, as separately amended by
32 sections 34 and 68 of part A of chapter 56 of the laws of 2010, is
33 amended to read as follows:
34 § 354-a. Information on status of veterans receiving assistance.
35 Departments, divisions, bureaus, boards, commissions and agencies of the
36 state and political subdivisions thereof, which provide assistance,
37 treatment, counseling, care, supervision or custody in service areas
38 involving health, mental health, family services, criminal justice or
39 employment, including but not limited to the office of alcoholism and
40 substance abuse services, office of mental health, office of probation
41 and correctional alternatives, office of children and family services,
42 office of temporary and disability assistance, department of health,
43 department of labor, local workforce investment boards, office [of
44 mental retardation and] for people with developmental disabilities, and
45 department of [correctional services and division of parole] corrections
46 and community supervision, shall request assisted persons to provide
47 information with regard to their veteran status and military experi-
48 ences. Individuals identifying themselves as veterans shall be advised
49 that the division of veterans' affairs and local veterans' service agen-
50 cies established pursuant to section three hundred fifty-seven of this
51 article provide assistance to veterans regarding benefits under federal
52 and state law. Information regarding veterans status and military
53 service provided by assisted persons solely to implement this section
54 shall be protected as personal confidential information under article
55 six-A of the public officers law against disclosure of confidential
56 material, and used only to assist in the diagnosis, treatment, assess-
S. 2812--C 149 A. 4012--C
1 ment and handling of the veteran's problems within the agency requesting
2 such information and in referring the veteran to the division of veter-
3 ans' affairs for information and assistance with regard to benefits and
4 entitlements under federal and state law.
5 § 96. Paragraph a of subdivision 1 of section 374 of the executive
6 law, as amended by chapter 243 of the laws of 1997, is amended to read
7 as follows:
8 a. Two members, to be appointed by the governor, from among the
9 commissioners of the departments of economic development, [correctional
10 services] corrections and community supervision, education, health,
11 labor, mental health and social services, office of general services,
12 division of housing and community renewal, and the superintendent of
13 insurance.
14 § 97. Subdivisions 4, 5, 6 and 7 of section 508 of the executive law,
15 subdivision 4 as amended by chapter 41 of the laws of 2010, subdivisions
16 5 and 6 as added by chapter 481 of the laws of 1978, subdivision 7 as
17 separately amended by chapters 308 and 316 of the laws of 1983 and such
18 section as renumbered by chapter 465 of the laws of 1992, are amended to
19 read as follows:
20 4. The [division for youth] office of children and family services may
21 apply to the sentencing court for permission to transfer a youth not
22 less than sixteen nor more than eighteen years of age to the department
23 of [correctional services] corrections and community supervision. Such
24 application shall be made upon notice to the youth, who shall be enti-
25 tled to be heard upon the application and to be represented by counsel.
26 The court shall grant the application if it is satisfied that there is
27 no substantial likelihood that the youth will benefit from the programs
28 offered by the [division] office facilities.
29 5. The [division for youth] office of children and family services may
30 transfer an offender not less than eighteen nor more than twenty-one
31 years of age to the department of [correctional services] corrections
32 and community supervision if the [director] commissioner of the [divi-
33 sion] office certifies to the commissioner of [correctional services]
34 corrections and community supervision that there is no substantial like-
35 lihood that the youth will benefit from the programs offered by [divi-
36 sion] office facilities.
37 6. At age twenty-one, all juvenile offenders shall be transferred to
38 the custody of the department of [correctional services] corrections and
39 community supervision for confinement pursuant to the correction law.
40 7. While in the custody of the [division for youth] office of children
41 and family services, an offender shall be subject to the rules and regu-
42 lations of the [division] office, except that his parole, temporary
43 release and discharge shall be governed by the laws applicable to
44 inmates of state correctional facilities and his transfer to state
45 hospitals in the office of mental health shall be governed by section
46 five hundred [seventeen] nine of this chapter. The [director] commis-
47 sioner of the [division for youth] office of children and family
48 services shall, however, establish and operate temporary release
49 programs at [division for youth] office of children and family services
50 facilities for eligible juvenile offenders and contract with the [divi-
51 sion of parole] department of corrections and community supervision for
52 the provision of parole supervision services for temporary releasees.
53 The rules and regulations for these programs shall not be inconsistent
54 with the laws for temporary release applicable to inmates of state
55 correctional facilities. For the purposes of temporary release programs
56 for juvenile offenders only, when referred to or defined in article
S. 2812--C 150 A. 4012--C
1 twenty-six of the correction law, "institution" shall mean any facility
2 designated by the [director] commissioner of the [division for youth]
3 office of children and family services, "department" shall mean the
4 [division for youth] office of children and family services, "inmate"
5 shall mean a juvenile offender residing in [a division for youth] an
6 office of children and family services facility, and "commissioner"
7 shall mean the director of the [division for youth] office of children
8 and family services. Time spent in [division for youth] office of chil-
9 dren and family services facilities and in juvenile detention facilities
10 shall be credited towards the sentence imposed in the same manner and to
11 the same extent applicable to inmates of state correctional facilities.
12 § 98. Subdivision 2 of section 510-c of the executive law, as amended
13 by chapter 465 of the laws of 1992, is amended to read as follows:
14 2. Except as provided in subdivision three of this section, any child
15 who has been placed with the [division] office of children and family
16 services shall be deemed to have been discharged therefrom if, during
17 the period provided in the order of placement or extension thereof, the
18 child is convicted of a crime or adjudicated a youthful offender, and is
19 committed to an institution in the department of [correctional services]
20 corrections and community supervision or department of mental hygiene,
21 or receives a one year sentence in a local correctional facility.
22 § 99. Paragraph (b) of subdivision 4 of section 575 of the executive
23 law, as separately amended by section 69 of part A and section 4 of part
24 A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
25 (b) The advisory council shall consist of nine members and [fourteen]
26 thirteen ex-officio members. Each member shall be appointed to serve for
27 a term of three years and shall continue in office until a successor
28 appointed member is made. A member appointed to fill a vacancy shall be
29 appointed for the unexpired term of the member he or she is to succeed.
30 All of the members shall be individuals with expertise in the area of
31 domestic violence. Three members shall be appointed by the governor, two
32 members shall be appointed upon the recommendation of the temporary
33 president of the senate, two members shall be appointed upon the recom-
34 mendation of the speaker of the assembly, one member shall be appointed
35 upon the recommendation of the minority leader of the senate, and one
36 member shall be appointed upon the recommendation of the minority leader
37 of the assembly. The ex-officio members of the advisory board shall
38 consist of one representative from the staff of each of the following
39 state departments and divisions: office of temporary and disability
40 services; department of health; education department; office of mental
41 health; office of alcoholism and substance abuse services; division of
42 criminal justice services; office of probation and correctional alterna-
43 tives; office of children and family services; office of victim
44 services; office of court administration; department of labor; state
45 office for the aging; and department of [correctional services; and the
46 division of parole] corrections and community supervision.
47 § 100. Paragraph (c) of subdivision 1 of section 632-a of the execu-
48 tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
49 of 2010, is amended to read as follows:
50 (c) "Funds of a convicted person" means all funds and property
51 received from any source by a person convicted of a specified crime, or
52 by the representative of such person as defined in subdivision six of
53 section six hundred twenty-one of this article excluding child support
54 and earned income, where such person:
55 (i) is an inmate serving a sentence with the department of [correc-
56 tional services] corrections and community supervision or a prisoner
S. 2812--C 151 A. 4012--C
1 confined at a local correctional facility or federal correctional insti-
2 tute, and includes funds that a superintendent, sheriff or municipal
3 official receives on behalf of an inmate or prisoner and deposits in an
4 inmate account to the credit of the inmate pursuant to section one
5 hundred sixteen of the correction law or deposits in a prisoner account
6 to the credit of the prisoner pursuant to section five hundred-c of the
7 correction law; or
8 (ii) is not an inmate or prisoner but who is serving a sentence of
9 probation or conditional discharge or is presently subject to an undisc-
10 harged indeterminate, determinate or definite term of imprisonment or
11 period of post-release supervision or term of supervised release, but
12 shall include earned income earned during a period in which such person
13 was not in compliance with the conditions of his or her probation,
14 parole, conditional release, period of post-release supervision by the
15 [division of parole] department of corrections and community supervision
16 or term of supervised release with the United States probation office or
17 United States parole commission. For purposes of this subparagraph, such
18 period of non-compliance shall be measured, as applicable, from the
19 earliest date of delinquency determined by the [board or division of
20 parole] department of corrections and community supervision, or from the
21 earliest date on which a declaration of delinquency is filed pursuant to
22 section 410.30 of the criminal procedure law and thereafter sustained,
23 or from the earliest date of delinquency determined in accordance with
24 applicable federal law, rules or regulations, and shall continue until a
25 final determination sustaining the violation has been made by the trial
26 court, [board or division of parole] the department of corrections and
27 community supervision, or appropriate federal authority; or
28 (iii) is no longer subject to a sentence of probation or conditional
29 discharge or indeterminate, determinate or definite term of imprisonment
30 or period of post-release supervision or term of supervised release, and
31 where within the previous three years: the full or maximum term or peri-
32 od terminated or expired or such person was granted a discharge by [a]
33 the state board of parole or the department of corrections and community
34 supervision pursuant to applicable law, or granted a discharge or termi-
35 nation from probation pursuant to applicable law or granted a discharge
36 or termination under applicable federal or state law, rules or regu-
37 lations prior to the expiration of such full or maximum term or period;
38 and includes only: (A) those funds paid to such person as a result of
39 any interest, right, right of action, asset, share, claim, recovery or
40 benefit of any kind that the person obtained, or that accrued in favor
41 of such person, prior to the expiration of such sentence, term or peri-
42 od; (B) any recovery or award collected in a lawsuit after expiration of
43 such sentence where the right or cause of action accrued prior to the
44 expiration or service of such sentence; and (C) earned income earned
45 during a period in which such person was not in compliance with the
46 conditions of his or her probation, parole, conditional release, period
47 of post-release supervision by the [division of parole] department of
48 corrections and community supervision or term of supervised release with
49 the United States probation office or United States parole commission.
50 For purposes of this subparagraph, such period of non-compliance shall
51 be measured, as applicable, from the earliest date of delinquency deter-
52 mined by the [board or division of parole] department of corrections and
53 community supervision, or from the earliest date on which a declaration
54 of delinquency is filed pursuant to section 410.30 of the criminal
55 procedure law and thereafter sustained, or from the earliest date of
56 delinquency determined in accordance with applicable federal law, rules
S. 2812--C 152 A. 4012--C
1 or regulations, and shall continue until a final determination sustain-
2 ing the violation has been made by the trial court, [board or division
3 of parole] the department of corrections and community supervision, or
4 appropriate federal authority.
5 § 101. Paragraph (b) of subdivision 2 of section 632-a of the execu-
6 tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
7 of 2010, is amended to read as follows:
8 (b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
9 vision, whenever the payment or obligation to pay involves funds of a
10 convicted person that a superintendent, sheriff or municipal official
11 receives or will receive on behalf of an inmate serving a sentence with
12 the department of [correctional services] corrections and community
13 supervision or prisoner confined at a local correctional facility and
14 deposits or will deposit in an inmate account to the credit of the
15 inmate or in a prisoner account to the credit of the prisoner, and the
16 value, combined value or aggregate value of such funds exceeds or will
17 exceed ten thousand dollars, the superintendent, sheriff or municipal
18 official shall also give written notice to the office.
19 § 102. Subdivision 9 of section 835 of the executive law, as amended
20 by section 39 of part A of chapter 56 of the laws of 2010, is amended to
21 read as follows:
22 9. "Qualified agencies" means courts in the unified court system, the
23 administrative board of the judicial conference, probation departments,
24 sheriffs' offices, district attorneys' offices, the state department of
25 [correctional services] corrections and community supervision, the
26 department of correction of any municipality, the insurance frauds
27 bureau of the state department of insurance, the office of professional
28 medical conduct of the state department of health for the purposes of
29 section two hundred thirty of the public health law, the child protec-
30 tive services unit of a local social services district when conducting
31 an investigation pursuant to subdivision six of section four hundred
32 twenty-four of the social services law, the office of Medicaid inspector
33 general, the temporary state commission of investigation, the criminal
34 investigations bureau of the banking department, police forces and
35 departments having responsibility for enforcement of the general crimi-
36 nal laws of the state and the Onondaga County Center for Forensic
37 Sciences Laboratory when acting within the scope of its law enforcement
38 duties.
39 § 103. Paragraph (h) of subdivision 1 of section 840 of the executive
40 law, as amended by chapter 843 of the laws of 1980, is amended to read
41 as follows:
42 (h) Exemptions from particular provisions of this article in the case
43 of any city having a population of one million or more, or in the case
44 of the state department of [correctional services] corrections and
45 community supervision if in its opinion the standards of police officer
46 or peace officer training established and maintained by such city or
47 department are higher than those established pursuant to this article;
48 or revocation in whole or in part of such exemption, if in its opinion
49 the standards of police officer or peace officer training established
50 and maintained by such city or department are lower than those estab-
51 lished pursuant to this article.
52 § 104. Subdivision 4 of section 995-c of the executive law, as amended
53 by section 65 of part A of chapter 56 of the laws of 2010, is amended to
54 read as follows:
55 4. The commissioner of the division of criminal justice services, in
56 consultation with the commission, the commissioner of health, [the divi-
S. 2812--C 153 A. 4012--C
1 sion of parole,] the director of the office of probation and correction-
2 al alternatives and the department of [correctional services]
3 corrections and community supervision, shall promulgate rules and regu-
4 lations governing the procedures for notifying designated offenders of
5 the requirements of this section.
6 § 105. The article heading of article 12-B of the executive law, as
7 added by chapter 904 of the laws of 1977, is amended to read as follows:
8 STATE [DIVISION] BOARD OF PAROLE
9 § 106. Section 31 of the executive law, as amended by section 11 of
10 part B of chapter 56 of the laws of 2010, is amended to read as follows:
11 § 31. Divisions. There shall be in the executive department the
12 following divisions:
13 1. The division of the budget.
14 2. The division of military and naval affairs.
15 3. The office of general services.
16 4. The division of state police.
17 5. [The division of parole.
18 6.] The division of housing.
19 [7] 6. The division of alcoholic beverage control.
20 [8] 7. The division of human rights.
21 [9] 8. The division of veterans' affairs.
22 [10] 9. The division of homeland security and emergency services.
23 [11] 10. Office for technology.
24 The governor may establish, consolidate, or abolish additional divi-
25 sions and bureaus.
26 § 107. Subdivision 1 of section 643 of the executive law, as separate-
27 ly amended by section 38 of part A and section 1 of part A-1 of chapter
28 56 of the laws of 2010, is amended to read as follows:
29 1. As used in this section, "crime victim-related agency" means any
30 agency of state government which provides services to or deals directly
31 with crime victims, including (a) the office of children and family
32 services, the office for the aging, the division of veterans affairs,
33 the office of probation and correctional alternatives, the [division of
34 parole] department of corrections and community supervision, the office
35 of victim services, the department of motor vehicles, the office of
36 vocational rehabilitation, the workers' compensation board, the depart-
37 ment of health, the division of criminal justice services, the office of
38 mental health, every transportation authority and the division of state
39 police, and (b) any other agency so designated by the governor within
40 ninety days of the effective date of this section.
41 § 108. Subdivision 8 of section 837-a of the executive law, as added
42 by section 1 of part L of chapter 56 of the laws of 2006, is amended to
43 read as follows:
44 8. Present to the governor, temporary president of the senate, minori-
45 ty leader of the senate, speaker of the assembly and the minority leader
46 of the assembly an annual report about the function and effectiveness of
47 the Operation IMPACT program. Such report shall include, but not be
48 limited to, crime data obtained, analyzed and used by each Operation
49 IMPACT partnership in participating counties and affected municipalities
50 including the number of arrests made by law enforcement as a direct
51 result of the Operation IMPACT program including any available demo-
52 graphic information about the persons arrested and prosecuted and the
53 disposition of such matters, and any other information related to the
54 program's effectiveness in reducing crime. Such report shall also
55 include information about crime reduction strategies developed by Opera-
56 tion IMPACT partnerships, the number of state police and [division of
S. 2812--C 154 A. 4012--C
1 parole] department of corrections and community supervision personnel
2 participating in Operation IMPACT activities, and a description of
3 training supplied to local Operation IMPACT participants. The initial
4 report required by this paragraph shall be presented by December thir-
5 ty-first, two thousand six. Thereafter, an annual report shall be
6 presented no later than December thirty-first of each year.
7 § 108-a. The sixth undesignated paragraph of section 2 of section 1 of
8 chapter 359 of the laws of 1968, constituting the facilities development
9 corporation act, as amended by chapter 240 of the laws of 1974, is
10 amended to read as follows:
11 It is hereby found and declared that the acquisition, construction,
12 reconstruction, rehabilitation and improvement of facilities for the
13 department of [correctional services] corrections and community super-
14 vision are public purposes which are essential to enable comprehensive
15 modernization of the state's programs of [correctional services]
16 corrections. To assure that such purposes are carried out, it is
17 further found and declared that the facilities development corporation
18 should be empowered in [coorperation] cooperation with the department of
19 [correctional services] corrections and community supervision to provide
20 for the acquisition, construction, reconstruction, rehabilitation and
21 improvement of facilities for the department of [correctional services]
22 corrections and community supervision.
23 § 109. Subdivision 3-b of section 3 of section 1 of chapter 359 of the
24 laws of 1968, constituting the facilities development corporation act,
25 as added by chapter 337 of the laws of 1972, is amended to read as
26 follows:
27 3-b. "Facility for the department of [correctional services]
28 corrections and community supervision" means real property, a building,
29 a unit within a building, or any structure on or improvement to real
30 property of any kind or description essential, necessary or useful in
31 the program of the department of [correctional services] corrections and
32 community supervision, including all usual attendant and related facili-
33 ties, fixtures, equipment, and connections for utility services or any
34 combinations thereof, designed, acquired, constructed, reconstructed,
35 rehabilitated and improved, or otherwise provided for the department of
36 [correctional services] corrections and community supervision.
37 § 110. Subdivision 10 of section 5 of section 1 of chapter 359 of the
38 laws of 1968, constituting the facilities development corporation act,
39 as amended by chapter 337 of the laws of 1972, is amended to read as
40 follows:
41 10. To design, construct, acquire, reconstruct, rehabilitate and
42 improve health facilities, facilities for the department of [correction-
43 al services] corrections and community supervision and mental hygiene
44 facilities, or cause such facilities to be designed, constructed,
45 acquired, reconstructed, rehabilitated and improved, in accordance with
46 the provisions of this act.
47 § 111. Subdivision 7 of section 6 of section 1 of chapter 359 of the
48 laws of 1968, constituting the facilities development corporation act,
49 as added by chapter 337 of the laws of 1972, is amended to read as
50 follows:
51 7. To provide facilities for the department of [correctional services]
52 corrections and community supervision.
53 § 112. Section 7-a of section 1 of chapter 359 of the laws of 1968,
54 constituting the facilities development corporation act, as amended by
55 chapter 240 of the laws of 1974, is amended to read as follows:
S. 2812--C 155 A. 4012--C
1 § 7-a. Relationship with the state department of [correctional
2 services] corrections and community supervision. The corporation, upon
3 the issuance by the director of the budget of a certificate of approval
4 segregating funds to pay for their corporate services, shall design,
5 construct, reconstruct, rehabilitate, improve, and equip facilities for
6 the department of [correctional services] corrections and community
7 supervision or cause facilities to be designed, constructed, recon-
8 structed, rehabilitated, improved, and equipped. The corporation shall
9 also assist and cooperate with and shall make its personnel and services
10 fully available to the commissioner of [correctional services]
11 corrections and community supervision and the department of [correction-
12 al services] corrections and community supervision in matters relating
13 to their responsibilities for site selection, acquisition of and capital
14 planning relating to facilities for the department of [correctional
15 services] corrections and community supervision. During the course of
16 construction, acquisition, reconstruction, rehabilitation and improve-
17 ment of such facilities, the corporation shall consult with the commis-
18 sioner of [correctional services] corrections and community supervision
19 and the personnel of the department of [correctional services]
20 corrections and community supervision as the work progresses in matters
21 relating to space requirements, site plans, architectural concept and
22 substantial changes in the plans and specifications therefor and in
23 matters relating to the original furnishings, equipment, machinery, and
24 apparatus needed to furnish and equip such facilities upon the
25 completion of the work. The commissioner of [correctional services]
26 corrections and community supervision and the department of [correction-
27 al services] corrections and community supervision shall assist and
28 cooperate with the corporation in such matters.
29 § 113. Subdivision (b) of section 213 of the family court act is
30 amended to read as follows:
31 (b) Rules of court shall as soon as practicable implement this section
32 by prescribing appropriate forms for reports and may require such addi-
33 tional information as may be appropriate. The administrative board of
34 the judicial conference may request the state department of [correction]
35 corrections and community supervision and the state department of social
36 welfare to assist it in the preparation and processing of reports under
37 this section, and those departments, when so requested, shall render
38 such assistance as is possible.
39 § 114. The sixth undesignated paragraph of section 842 of the family
40 court act, as added by section 8 of part D of chapter 56 of the laws of
41 2008, is amended to read as follows:
42 In any proceeding in which an order of protection or temporary order
43 of protection or a warrant has been issued under this section, the clerk
44 of the court shall issue to the petitioner and respondent and his coun-
45 sel and to any other person affected by the order a copy of the order of
46 protection or temporary order of protection and ensure that a copy of
47 the order of protection or temporary order of protection be transmitted
48 to the local correctional facility where the individual is or will be
49 detained, the state or local correctional facility where the individual
50 is or will be imprisoned, and the supervising probation department or
51 [division of parole] the department of corrections and community super-
52 vision where the individual is under probation or parole supervision.
53 § 115. The second undesignated paragraph of section 69 of the general
54 business law, as amended by section 1 of part A of chapter 62 of the
55 laws of 2003, is amended to read as follows:
S. 2812--C 156 A. 4012--C
1 Nothing in this section shall be construed to forbid the sale of parts
2 and components produced by inmate labor in correctional industry
3 programs of the government of the United States or any state of the
4 United States, or any political subdivision thereof, to the department
5 of [correctional services'] corrections and community supervision's
6 division of correctional industries for use in its manufacturing oper-
7 ations.
8 § 116. Section 70 of the general municipal law, as amended by section
9 40 of part A-1 of chapter 56 of the laws of 2010, is amended to read as
10 follows:
11 § 70. Payment of judgments against municipal corporation. When a final
12 judgment for a sum of money shall be recovered against a municipal
13 corporation, and the execution thereof shall not be stayed pursuant to
14 law, or the time for such stay shall have expired, the treasurer or
15 other financial officer of such corporation having sufficient moneys in
16 his hands belonging to the corporation not otherwise specifically appro-
17 priated, shall pay such judgment upon the production of a certified copy
18 of the docket thereof. Notwithstanding the provisions of any other law
19 to the contrary, in any case where payment for any reason is to be made
20 to an inmate serving a sentence of imprisonment with the state depart-
21 ment of [correctional services] corrections and community supervision or
22 to a prisoner confined at a local correctional facility, the treasurer
23 or other financial officer shall give written notice, if required pursu-
24 ant to subdivision two of section six hundred thirty-two-a of the execu-
25 tive law, to the office of victim services that such payment shall be
26 made thirty days after the date of such notice.
27 § 117. Subdivision 1 of section 168 of the labor law, as amended by
28 chapter 90 of the laws of 1947, is amended to read as follows:
29 1. This section shall apply to all persons employed by the state in
30 the ward, cottage, colony, kitchen and dining room, and guard service
31 personnel in any hospital, school, prison, reformatory or other institu-
32 tion within or subject to the jurisdiction, supervision, control or
33 visitation of the department of [correction] corrections and community
34 supervision, the department of health, the department of mental hygiene,
35 the department of social welfare or the division of veterans' affairs in
36 the executive department, and engaged in the performance of such duties
37 as nursing, guarding or attending the inmates, patients, wards or other
38 persons kept or housed in such institutions, or in protecting and guard-
39 ing the buildings and/or grounds thereof, or in preparing or serving
40 food therein.
41 § 118. Subdivision 13 of section 83-m of the legislative law, as added
42 by section 2 of part XX of chapter 57 of the laws of 2010, is amended to
43 read as follows:
44 13. (a) The task force shall specify the form in which the department
45 of [correctional services] corrections and community supervision shall
46 provide such information required to be reported to the task force
47 pursuant to subdivision eight of section seventy-one of the correction
48 law.
49 (b) Upon receipt of such information for each incarcerated person
50 subject to the jurisdiction of the department of [correctional services]
51 corrections and community supervision, the task force shall determine
52 the census block corresponding to the street address of each such
53 person's residential address prior to incarceration (if any), and the
54 census block corresponding to the street address of the correctional
55 facility in which such person was held subject to the jurisdiction of
56 such department. Until such time as the United States bureau of the
S. 2812--C 157 A. 4012--C
1 census shall implement a policy of reporting each such incarcerated
2 person at such person's residential address prior to incarceration, the
3 task force shall use such data to develop a database in which all incar-
4 cerated persons shall be, where possible, allocated for redistricting
5 purposes, such that each geographic unit reflects incarcerated popu-
6 lations at their respective residential addresses prior to incarceration
7 rather than at the addresses of such correctional facilities. For all
8 incarcerated persons whose residential address prior to incarceration
9 was outside of the state, or for whom the task force cannot identify
10 their prior residential address, and for all persons confined in a
11 federal correctional facility on census day, the task force shall
12 consider those persons to have been counted at an address unknown and
13 persons at such unknown address shall not be included in such data set
14 created pursuant to this paragraph. The task force shall develop and
15 maintain such amended population data set and shall make such amended
16 data set available to local governments, as defined in subdivision eight
17 of section two of the municipal home rule law, and for the drawing of
18 assembly and senate districts. The assembly and senate districts shall
19 be drawn using such amended population data set.
20 (c) Notwithstanding any other provision of law, the information
21 required to be provided pursuant to subdivision eight of section seven-
22 ty-one of the correction law shall be treated as confidential and shall
23 not be disclosed by the task force except as aggregated by census block
24 for purpose specified in this subdivision.
25 § 118-a. Subdivisions (a) and (m) of section 10.03 of the mental
26 hygiene law, subdivision (a) as amended by chapter 168 of the laws of
27 2010 and subdivision (m) as added by chapter 7 of the laws of 2007, are
28 amended to read as follows:
29 (a) "Agency with jurisdiction" as to a person means that agency which,
30 during the period in question, would be the agency responsible for
31 supervising or releasing such person, and can include the department of
32 [correctional services] corrections and community supervision, the
33 office of mental health, and the office for people with developmental
34 disabilities[, and the division of parole].
35 (m) "Release" and "released" means release, conditional release or
36 discharge from confinement, from community supervision by the [division
37 of parole] department of corrections and community supervision, or from
38 an order of observation, commitment, recommitment or retention.
39 § 118-b. Subdivisions (a) and (b) of section 10.05 of the mental
40 hygiene law, subdivision (a) as amended by chapter 168 of the laws of
41 2010 and subdivision (b) as added by chapter 7 of the laws of 2007, are
42 amended to read as follows:
43 (a) The commissioner of mental health, in consultation with the
44 commissioner of the department of [correctional services] corrections
45 and community supervision and the commissioner of developmental disabil-
46 ities, shall establish a case review panel consisting of at least
47 fifteen members, any three of whom may sit as a team to review a partic-
48 ular case. At least two members of each team shall be professionals in
49 the field of mental health or the field of developmental disabilities,
50 as appropriate, with experience in the treatment, diagnosis, risk
51 assessment or management of sex offenders. To the extent practicable,
52 the workload of the case review panel should be evenly distributed among
53 its members. Members of the case review panel and psychiatric examiners
54 should be free to exercise independent professional judgment without
55 pressure or retaliation for the exercise of that judgment from any
56 source.
S. 2812--C 158 A. 4012--C
1 (b) When it appears to an agency with jurisdiction[, other than the
2 division of parole,] that a person who may be a detained sex offender is
3 nearing an anticipated release from confinement, the agency shall give
4 notice of that fact to the attorney general and to the commissioner of
5 mental health. [When the division of parole is the agency with juris-
6 diction, it may give such notice.] When it appears to the department of
7 corrections and community supervision that a person who may be a
8 detained sex offender is nearing an anticipated release from community
9 supervision, the agency may give such notice. The agency with jurisdic-
10 tion shall seek to give such notice at least one hundred twenty days
11 prior to the person's anticipated release, but failure to give notice
12 within such time period shall not affect the validity of such notice or
13 any subsequent action, including the filing of a sex offender civil
14 management petition.
15 § 118-c. Subdivision (k) of section 10.06 of the mental hygiene law,
16 as amended by section 1 of part H of chapter 58 of the laws of 2009, is
17 amended to read as follows:
18 (k) At the conclusion of the hearing, the court shall determine wheth-
19 er there is probable cause to believe that the respondent is a sex
20 offender requiring civil management. If the court determines that proba-
21 ble cause has not been established, the court shall issue an order
22 dismissing the petition, and the respondent's release shall be in
23 accordance with other applicable provisions of law. If the court deter-
24 mines that probable cause has been established: (i) the court shall
25 order that the respondent be committed to a secure treatment facility
26 designated by the commissioner for care, treatment and control upon his
27 or her release, provided, however, that a respondent who otherwise would
28 be required to be transferred to a secure treatment facility may, upon a
29 written consent signed by the respondent and his or her counsel, consent
30 to remain in the custody of the department of [correctional services]
31 corrections and community supervision pending the outcome of the
32 proceedings under this article, and that such consent may be revoked in
33 writing at any time; (ii) the court shall set a date for trial in
34 accordance with subdivision (a) of section 10.07 of this article; and
35 (iii) the respondent shall not be released pending the completion of
36 such trial.
37 § 118-d. Subdivisions (c) and (d) of section 10.10 of the mental
38 hygiene law, as added by chapter 7 of the laws of 2007, are amended to
39 read as follows:
40 (c) The commissioner, or the commissioner of the department of
41 [correctional services] corrections and community supervision, or other
42 government entity responsible for the care and custody of respondents,
43 shall be authorized to employ appropriate safety and security measures,
44 as he or she deems necessary to ensure the safety of the public, during
45 court proceedings and in the transport of persons committed or undergo-
46 ing any proceedings under this article. Such commissioner shall provide
47 training in the use of safe and appropriate security interventions to
48 employees responsible for transporting persons under this article.
49 (d) The commissioner shall have the discretion to enter into agree-
50 ments with the department of [correctional services] corrections and
51 community supervision for the provision of security services relating to
52 this article.
53 § 118-e. Paragraphs 1 and 2 of subdivision (a), paragraph 1 of subdi-
54 vision (b), subdivision (c), paragraph 1 of subdivision (d) and subdivi-
55 sion (f) of section 10.11 of the mental hygiene law, as added by chapter
56 7 of the laws of 2007, are amended to read as follows:
S. 2812--C 159 A. 4012--C
1 (1) Before ordering the release of a person to a regimen of strict and
2 intensive supervision and treatment pursuant to this article, the court
3 shall order that the [division of parole] department of corrections and
4 community supervision recommend supervision requirements to the court.
5 These supervision requirements, which shall be developed in consultation
6 with the commissioner, may include but need not be limited to, electron-
7 ic monitoring or global positioning satellite tracking for an appropri-
8 ate period of time, polygraph monitoring, specification of residence or
9 type or residence, prohibition of contact with identified past or poten-
10 tial victims, strict and intensive supervision by a parole officer, and
11 any other lawful and necessary conditions that may be imposed by a
12 court. In addition, after consultation with the psychiatrist, psychol-
13 ogist or other professional primarily treating the respondent, the
14 commissioner shall recommend a specific course of treatment. A copy of
15 the recommended requirements for supervision and treatment shall be
16 given to the attorney general and the respondent and his or her counsel
17 a reasonable time before the court issues its written order pursuant to
18 this section.
19 (2) Before issuing its written order, the court shall afford the
20 parties an opportunity to be heard, and shall consider any additional
21 submissions by the respondent and the attorney general concerning the
22 proposed conditions of the regimen of strict and intensive supervision
23 and treatment. The court shall issue an order specifying the conditions
24 of the regimen of strict and intensive supervision and treatment, which
25 shall include specified supervision requirements and compliance with a
26 specified course of treatment. A written statement of the conditions of
27 the regimen of strict and intensive supervision and treatment shall be
28 given to the respondent and to his or her counsel, any designated
29 service providers or treating professionals, the commissioner, the
30 attorney general and the supervising parole officer. The court shall
31 require the [division of parole] department of corrections and community
32 supervision to take appropriate actions to implement the supervision
33 plan and assure compliance with the conditions of the regimen of strict
34 and intensive supervision and treatment. A regimen of strict and inten-
35 sive supervision does not toll the running of any form of supervision in
36 criminal cases, including but not limited to post-release supervision
37 and parole.
38 (1) Persons ordered into a regimen of strict and intensive supervision
39 and treatment pursuant to this article shall be subject to a minimum of
40 six face-to-face supervision contacts and six collateral contacts per
41 month. Such minimum contact requirements shall continue unless subse-
42 quently modified by the court or the [division of parole] department of
43 corrections and community supervision.
44 (c) An order for a regimen of strict and intensive supervision and
45 treatment places the person in the custody and control of the [state
46 division of parole] department of corrections and community supervision.
47 A person ordered to undergo a regimen of strict and intensive super-
48 vision and treatment pursuant to this article is subject to lawful
49 conditions set by the court and the [division of parole] department of
50 corrections and community supervision.
51 (1) A person's regimen of strict and intensive supervision and treat-
52 ment may be revoked if such a person violates a condition of strict and
53 intensive supervision. If a parole officer has reasonable cause to
54 believe that the person has violated a condition of the regimen of
55 strict and intensive supervision and treatment or, if there is an oral
56 or written evaluation or report by a treating professional indicating
S. 2812--C 160 A. 4012--C
1 that the person may be a dangerous sex offender requiring confinement, a
2 parole officer authorized in the same manner as provided in subparagraph
3 (i) of paragraph (a) of subdivision three of section two hundred fifty-
4 nine-i of the executive law may take the person into custody and trans-
5 port the person for lodging in a secure treatment facility or a local
6 correctional facility for an evaluation by a psychiatric examiner, which
7 evaluation shall be conducted within five days. A parole officer may
8 take the person, under custody, to a psychiatric center for prompt eval-
9 uation, and at the end of the examination, return the person to the
10 place of lodging. A parole officer, as authorized by this paragraph, may
11 direct a peace officer, acting pursuant to his or her special duties, or
12 a police officer who is a member of an authorized police department or
13 force or of a sheriff's department, to take the person into custody and
14 transport the person as provided in this paragraph. It shall be the duty
15 of such peace officer or police officer to take into custody and trans-
16 port any such person upon receiving such direction. The [division of
17 parole] department of corrections and community supervision shall
18 promptly notify the attorney general and the mental hygiene legal
19 service, when a person is taken into custody pursuant to this paragraph.
20 No provision of this section shall preclude the [division] board of
21 parole from proceeding with a revocation hearing as authorized by subdi-
22 vision three of section two hundred fifty-nine-i of the executive law.
23 (f) The court may modify or terminate the conditions of the regimen of
24 strict and intensive supervision and treatment on the petition of the
25 supervising parole officer, the commissioner or the attorney general.
26 Such petition shall be served on the respondent and the respondent's
27 counsel. A person subject to a regimen of strict and intensive super-
28 vision and treatment pursuant to this article may petition every two
29 years for modification or termination, commencing no sooner than two
30 years after the regimen of strict and intensive supervision and treat-
31 ment commenced, with service of such petition on the attorney general,
32 the [division of parole] department of corrections and community super-
33 vision, and the commissioner. Upon receipt of a petition for modifica-
34 tion or termination pursuant to this section, the court may require the
35 [division of parole] department of corrections and community supervision
36 and the commissioner to provide a report concerning the person's conduct
37 while subject to a regimen of strict and intensive supervision and
38 treatment. If more than one petition is filed, the petitions may be
39 considered in a single hearing.
40 § 118-f. Subdivision (h) of section 19.07 of the mental hygiene law,
41 as added by section 16 of part AAA of chapter 56 of the laws of 2009, is
42 amended to read as follows:
43 (h) The office of alcoholism and substance abuse services shall moni-
44 tor programs providing care and treatment to inmates in correctional
45 facilities operated by the department of [correctional services]
46 corrections and community supervision who have a history of alcohol or
47 substance abuse or dependence. The office shall also develop guidelines
48 for the operation of alcohol and substance abuse treatment programs in
49 such correctional facilities in order to ensure that such programs
50 sufficiently meet the needs of inmates with a history of alcohol or
51 substance abuse or dependence and promote the successful transition to
52 treatment in the community upon release. No later than the first day of
53 December of each year, the office shall submit a report regarding the
54 adequacy and effectiveness of alcohol and substance abuse treatment
55 programs operated by the department of [correctional services]
56 corrections and community supervision to the governor, the temporary
S. 2812--C 161 A. 4012--C
1 president of the senate, the speaker of the assembly, the chairman of
2 the senate committee on crime victims, crime and correction, and the
3 chairman of the assembly committee on correction.
4 § 118-g. Paragraphs 2 and 3 of subdivision (a) of section 19.09 of the
5 mental hygiene law, paragraph 2 as amended by section 45 of part A of
6 chapter 56 of the laws of 2010 and paragraph 3 as amended by chapter 601
7 of the laws of 2007, are amended to read as follows:
8 (2) Upon the request of a state agency, including but not limited to
9 the department of [correctional services] corrections and community
10 supervision, the office of probation and correctional alternatives, and
11 the office of children and family services, [and the board of parole,]
12 the commissioner shall have the power to provide alcoholism, substance
13 abuse, and chemical dependence services either directly or through
14 agreements with local certified or approved providers to persons in the
15 custody or under the jurisdiction of the requesting agency within
16 amounts available and within priorities established through the planning
17 process.
18 (3) The commissioner may coordinate alcoholism, alcohol abuse,
19 substance abuse, substance dependence and chemical dependence related
20 activities in all departments of the state by convening at regular
21 intervals a coordinating committee of representatives of the departments
22 of health, [correctional services] corrections and community
23 supervision, labor, economic development, education, and motor vehicles,
24 and the office of temporary and disability assistance and any other
25 department or agency having an interest therein.
26 § 118-h. Subdivisions (e), (f), (g), (i) and (j) of section 29.27 of
27 the mental hygiene law, as added by chapter 766 of the laws of 1976, are
28 amended to read as follows:
29 (e) When the director of the facility in which the inmate-patient is
30 in custody finds that the inmate-patient is no longer mentally ill or no
31 longer requires hospitalization for care and treatment, he shall so
32 notify the inmate-patient and commissioner of [correctional services]
33 corrections and community supervision or, in the case of an inmate-pa-
34 tient coming from a jail or correctional institution operated by local
35 government, the officer in charge of the jail or correctional institu-
36 tion from which the inmate-patient was committed. The commissioner of
37 [correctional services] corrections and community supervision or such
38 officer, as the case may be, shall immediately arrange to take such
39 inmate-patient into custody and return him to a correctional facility or
40 to the jail or correctional institution operated by local government.
41 (f) Upon delivery of the inmate-patient to the representative of the
42 commissioner of [correctional services] corrections and community super-
43 vision or of an officer in charge of a jail or correctional institution
44 operated by local government, the responsibility of the department and
45 its facilities for the custody of the inmate-patient shall terminate.
46 Where the inmate is returned to a state correctional facility, the
47 department shall continue to be responsible for the inmate-patient's
48 psychiatric care if the inmate-patient upon his return is in a program
49 established pursuant to section four hundred one of the correction law.
50 (g) If an inmate-patient in the custody of the department escapes from
51 custody, immediate notice shall be given to the commissioner of [correc-
52 tional services] corrections and community supervision or, in the case
53 of an inmate-patient coming from a jail or correctional institution
54 operated by local government, to the officer in charge of such jail or
55 correctional institution. Notice shall also be given to appropriate law
56 enforcement authorities.
S. 2812--C 162 A. 4012--C
1 (i) Upon release of an inmate-patient from a facility, the director
2 shall forward a copy of all health and psychiatric records to the
3 commissioner of [correctional services] corrections and community super-
4 vision or to the officer in charge of a jail or correctional institution
5 operated by local government, as the case may be.
6 (j) If the sentence for which an inmate-patient is confined expires or
7 is vacated or modified by court order, the director shall so notify the
8 commissioner of [correctional services] corrections and community super-
9 vision or such officer in charge of a jail or correctional institution
10 operated by local government, as appropriate.
11 § 118-i. Paragraph 10 of subdivision (c) of section 33.13 of the
12 mental hygiene law, as amended by chapter 168 of the laws of 2010, is
13 amended to read as follows:
14 10. to a correctional facility, when the chief administrative officer
15 has requested such information with respect to a named inmate of such
16 correctional facility as defined by subdivision three of section forty
17 of the correction law or to the [division of parole] department of
18 corrections and community supervision, when the [division] department
19 has requested such information with respect to a person under its juris-
20 diction or an inmate of a state correctional facility, when such inmate
21 is within four weeks of release from such institution to [the jurisdic-
22 tion of the division of parole] community supervision. Information
23 released pursuant to this paragraph may be limited to a summary of the
24 record, including but not limited to: the basis for referral to the
25 facility; the diagnosis upon admission and discharge; a diagnosis and
26 description of the patient's or client's current mental condition; the
27 current course of treatment, medication and therapies; and the facili-
28 ty's recommendation for future mental hygiene services, if any. Such
29 information may be forwarded to the department of [correctional
30 services] corrections and community supervision staff in need of such
31 information for the purpose of making a determination regarding an
32 inmate's health care, security, safety or ability to participate in
33 programs. In the event an inmate is transferred, the sending correction-
34 al facility shall forward, upon request, such summaries to the chief
35 administrative officer of any correctional facility to which the inmate
36 is subsequently incarcerated. The office of mental health and the office
37 for people with developmental disabilities, in consultation with the
38 commission of correction and the [division of parole] department of
39 corrections and community supervision, shall promulgate rules and regu-
40 lations to implement the provisions of this paragraph.
41 § 118-j. Subdivision (z) of section 45.07 of the mental hygiene law,
42 as added by chapter 1 of the laws of 2008, is amended to read as
43 follows:
44 (z) Monitor and make recommendations regarding the quality of care
45 provided to inmates with serious mental illness, including those who are
46 in a residential mental health treatment unit or segregated confinement
47 in facilities operated by the department of [correctional services]
48 corrections and community supervision, and oversee compliance with para-
49 graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
50 en, and section four hundred one, of the correction law. Such responsi-
51 bilities shall be carried out in accordance with section four hundred
52 one-a of the correction law.
53 § 119. Clause (c.) of subparagraph 13 of paragraph (a) of subdivision
54 1 of section 10 of the municipal home rule law, as amended by section 3
55 of part XX of chapter 57 of the laws of 2010, is amended to read as
56 follows:
S. 2812--C 163 A. 4012--C
1 (c.) As used in this subparagraph the term "population" shall mean
2 residents, citizens, or registered voters. For such purposes, no person
3 shall be deemed to have gained or lost a residence, or to have become a
4 resident of a local government, as defined in subdivision eight of
5 section two of this chapter, by reason of being subject to the jurisdic-
6 tion of the department of [correctional services] corrections and commu-
7 nity supervision and present in a state correctional facility pursuant
8 to such jurisdiction. A population base for such a plan of apportionment
9 shall utilize the latest statistical information obtainable from an
10 official enumeration done at the same time for all the residents, citi-
11 zens, or registered voters of the local government. Such a plan may
12 allocate, by extrapolation or any other rational method, such latest
13 statistical information to representation areas or units of local
14 government, provided that any plan containing such an allocation shall
15 have annexed thereto as an appendix, a detailed explanation of the allo-
16 cation.
17 § 120. Subdivisions 6 and 7 of section 60.04 of the penal law, subdi-
18 vision 6 as added by chapter 738 of the laws of 2004 and subdivision 7
19 as added by section 18 of part AAA of chapter 56 of the laws of 2009,
20 are amended to read as follows:
21 6. Substance abuse treatment. When the court imposes a sentence of
22 imprisonment which requires a commitment to the state department of
23 [correctional services] corrections and community supervision upon a
24 person who stands convicted of a controlled substance or marihuana
25 offense, the court may, upon motion of the defendant in its discretion,
26 issue an order directing that the department of [correctional services]
27 corrections and community supervision enroll the defendant in the
28 comprehensive alcohol and substance abuse treatment program in an alco-
29 hol and substance abuse correctional annex as defined in subdivision
30 eighteen of section two of the correction law, provided that the defend-
31 ant will satisfy the statutory eligibility criteria for participation in
32 such program. Notwithstanding the foregoing provisions of this subdivi-
33 sion, any defendant to be enrolled in such program pursuant to this
34 subdivision shall be governed by the same rules and regulations promul-
35 gated by the department of [correctional services] corrections and
36 community supervision, including without limitation those rules and
37 regulations establishing requirements for completion and those rules and
38 regulations governing discipline and removal from the program. No such
39 period of court ordered corrections based drug abuse treatment pursuant
40 to this subdivision shall be required to extend beyond the defendant's
41 conditional release date.
42 7. a. Shock incarceration participation. When the court imposes a
43 sentence of imprisonment which requires a commitment to the department
44 of [correctional services] corrections and community supervision upon a
45 person who stands convicted of a controlled substance or marihuana
46 offense, upon motion of the defendant, the court may issue an order
47 directing that the department of [correctional services] corrections and
48 community supervision enroll the defendant in the shock incarceration
49 program as defined in article twenty-six-A of the correction law,
50 provided that the defendant is an eligible inmate, as described in
51 subdivision one of section eight hundred sixty-five of the correction
52 law. Notwithstanding the foregoing provisions of this subdivision, any
53 defendant to be enrolled in such program pursuant to this subdivision
54 shall be governed by the same rules and regulations promulgated by the
55 department of [correctional services] corrections and community super-
56 vision, including without limitation those rules and regulations estab-
S. 2812--C 164 A. 4012--C
1 lishing requirements for completion and such rules and regulations
2 governing discipline and removal from the program.
3 b. (i) In the event that an inmate designated by court order for
4 enrollment in the shock incarceration program requires a degree of
5 medical care or mental health care that cannot be provided at a shock
6 incarceration facility, the department, in writing, shall notify the
7 inmate, provide a proposal describing a proposed alternative-to-shock-
8 incarceration program, and notify him or her that he or she may object
9 in writing to placement in such alternative-to-shock-incarceration
10 program. If the inmate objects in writing to placement in such alterna-
11 tive-to-shock-incarceration program, the department of [correctional
12 services] corrections and community supervision shall notify the
13 sentencing court, provide such proposal to the court, and arrange for
14 the inmate's prompt appearance before the court. The court shall provide
15 the proposal and notice of a court appearance to the people, the inmate
16 and the appropriate defense attorney. After considering the proposal and
17 any submissions by the parties, and after a reasonable opportunity for
18 the people, the inmate and counsel to be heard, the court may modify its
19 sentencing order accordingly, notwithstanding the provisions of section
20 430.10 of the criminal procedure law.
21 (ii) An inmate who successfully completes an alternative-to-shock-
22 incarceration program within the department of [correctional services]
23 corrections and community supervision shall be treated in the same
24 manner as a person who has successfully completed the shock incarcera-
25 tion program, as set forth in subdivision four of section eight hundred
26 sixty-seven of the correction law.
27 § 121. Subdivision 8 of section 60.35 of the penal law, as amended by
28 section 1 of part E of chapter 56 of the laws of 2004, is amended to
29 read as follows:
30 8. Subdivision one of section 130.10 of the criminal procedure law
31 notwithstanding, at the time that the mandatory surcharge, sex offender
32 registration fee or DNA databank fee, crime victim assistance fee or
33 supplemental sex offender victim fee is imposed a town or village court
34 may, and all other courts shall, issue and cause to be served upon the
35 person required to pay the mandatory surcharge, sex offender registra-
36 tion fee or DNA databank fee, crime victim assistance fee or supple-
37 mental sex offender victim fee, a summons directing that such person
38 appear before the court regarding the payment of the mandatory
39 surcharge, sex offender registration fee or DNA databank fee, crime
40 victim assistance fee or supplemental sex offender victim fee, if after
41 sixty days from the date it was imposed it remains unpaid. The desig-
42 nated date of appearance on the summons shall be set for the first day
43 court is in session falling after the sixtieth day from the imposition
44 of the mandatory surcharge, sex offender registration fee or DNA data-
45 bank fee, crime victim assistance fee or supplemental sex offender
46 victim fee. The summons shall contain the information required by subdi-
47 vision two of section 130.10 of the criminal procedure law except that
48 in substitution for the requirement of paragraph (c) of such subdivision
49 the summons shall state that the person served must appear at a date,
50 time and specific location specified in the summons if after sixty days
51 from the date of issuance the mandatory surcharge, sex offender regis-
52 tration fee or DNA databank fee, crime victim assistance fee or supple-
53 mental sex offender victim fee remains unpaid. The court shall not issue
54 a summons under this subdivision to a person who is being sentenced to a
55 term of confinement in excess of sixty days in jail or in the department
56 of [correctional services] corrections and community supervision. The
S. 2812--C 165 A. 4012--C
1 mandatory surcharges, sex offender registration fee and DNA databank
2 fees, crime victim assistance fees and supplemental sex offender victim
3 fees for those persons shall be governed by the provisions of section
4 60.30 of this article.
5 § 122. Paragraph (b) of subdivision 2 of section 70.02 of the penal
6 law, as separately amended by chapters 764 and 765 of the laws of 2005,
7 is amended to read as follows:
8 (b) Except as provided in paragraph (b-1) of this subdivision, subdi-
9 vision six of section 60.05 and subdivision four of this section, the
10 sentence imposed upon a person who stands convicted of a class D violent
11 felony offense, other than the offense of criminal possession of a weap-
12 on in the third degree as defined in subdivision [four,] five, seven or
13 eight of section 265.02 or criminal sale of a firearm in the third
14 degree as defined in section 265.11, must be in accordance with the
15 applicable provisions of this chapter relating to sentencing for class D
16 felonies provided, however, that where a sentence of imprisonment is
17 imposed which requires a commitment to the state department of [correc-
18 tional services] corrections and community supervision, such sentence
19 shall be a determinate sentence in accordance with paragraph (c) of
20 subdivision three of this section.
21 § 123. Subdivision 7 of section 70.06 of the penal law, as amended by
22 chapter 738 of the laws of 2004, is amended to read as follows:
23 7. Notwithstanding any other provision of law, in the case of a person
24 sentenced for a specified offense or offenses as defined in subdivision
25 five of section 410.91 of the criminal procedure law, who stands
26 convicted of no other felony offense, who has not previously been
27 convicted of either a violent felony offense as defined in section 70.02
28 of this article, a class A felony offense or a class B felony offense,
29 and is not under the jurisdiction of or awaiting delivery to the depart-
30 ment of [correctional services] corrections and community supervision,
31 the court may direct that such sentence be executed as a parole super-
32 vision sentence as defined in and pursuant to the procedures prescribed
33 in section 410.91 of the criminal procedure law.
34 § 124. Section 70.20 of the penal law, as amended by chapter 303 of
35 the laws of 1981, subdivision 1 as separately amended by chapters 3 and
36 516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
37 1 as added by chapter 516 of the laws of 1995, subdivision 2-a as added
38 by chapter 1 of the laws of 1995, subdivision 3 as amended by chapter 3
39 of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
40 of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
41 465 of the laws of 1992 and paragraphs (d) and (e) of subdivision 4 as
42 relettered and subdivision 5 as designated by chapter 516 of the laws of
43 1995, is amended to read as follows:
44 § 70.20 Place of imprisonment.
45 1. (a) Indeterminate or determinate sentence. Except as provided in
46 subdivision four of this section, when an indeterminate or determinate
47 sentence of imprisonment is imposed, the court shall commit the defend-
48 ant to the custody of the state department of [correctional services]
49 corrections and community supervision for the term of his or her
50 sentence and until released in accordance with the law; provided, howev-
51 er, that a defendant sentenced pursuant to subdivision seven of section
52 70.06 shall be committed to the custody of the state department of
53 [correctional services] corrections and community supervision for imme-
54 diate delivery to a reception center operated by the department.
55 (b) The court in committing a defendant who is not yet eighteen years
56 of age to the department of [correctional services] corrections and
S. 2812--C 166 A. 4012--C
1 community supervision shall inquire as to whether the parents or legal
2 guardian of the defendant, if present, will grant to the minor the
3 capacity to consent to routine medical, dental and mental health
4 services and treatment.
5 (c) Notwithstanding paragraph (b) of this subdivision, where the court
6 commits a defendant who is not yet eighteen years of age to the custody
7 of the department of [correctional services] corrections and community
8 supervision in accordance with this section and no medical consent has
9 been obtained prior to said commitment, the commitment order shall be
10 deemed to grant the capacity to consent to routine medical, dental and
11 mental health services and treatment to the person so committed.
12 (d) Nothing in this subdivision shall preclude a parent or legal guar-
13 dian of an inmate who is not yet eighteen years of age from making a
14 motion on notice to the department of [correctional services]
15 corrections and community supervision pursuant to article twenty-two of
16 the civil practice law and rules and section one hundred forty of the
17 correction law, objecting to routine medical, dental or mental health
18 services and treatment being provided to such inmate under the
19 provisions of paragraph (b) of this subdivision.
20 (e) Nothing in this section shall require that consent be obtained
21 from the parent or legal guardian, where no consent is necessary or
22 where the defendant is authorized by law to consent on his or her own
23 behalf to any medical, dental, and mental health service or treatment.
24 2. Definite sentence. Except as provided in subdivision four of this
25 section, when a definite sentence of imprisonment is imposed, the court
26 shall commit the defendant to the county or regional correctional insti-
27 tution for the term of his sentence and until released in accordance
28 with the law.
29 2-a. Sentence of life imprisonment without parole. When a sentence of
30 life imprisonment without parole is imposed, the court shall commit the
31 defendant to the custody of the state department of [correctional
32 services] corrections and community supervision for the remainder of the
33 life of the defendant.
34 3. Undischarged imprisonment in other jurisdiction. When a defendant
35 who is subject to an undischarged term of imprisonment, imposed at a
36 previous time by a court of another jurisdiction, is sentenced to an
37 additional term or terms of imprisonment by a court of this state to run
38 concurrently with such undischarged term, as provided in subdivision
39 four of section 70.25, the return of the defendant to the custody of the
40 appropriate official of the other jurisdiction shall be deemed a commit-
41 ment for such portion of the term or terms of the sentence imposed by
42 the court of this state as shall not exceed the said undischarged term.
43 The defendant shall be committed to the custody of the state department
44 of [correctional services] corrections and community supervision if the
45 additional term or terms are indeterminate or determinate or to the
46 appropriate county or regional correctional institution if the said term
47 or terms are definite for such portion of the term or terms of the
48 sentence imposed as shall exceed such undischarged term or until
49 released in accordance with law. If such additional term or terms
50 imposed shall run consecutively to the said undischarged term, the
51 defendant shall be committed as provided in subdivisions one and two of
52 this section.
53 4. (a) Notwithstanding any other provision of law to the contrary, a
54 juvenile offender, or a juvenile offender who is adjudicated a youthful
55 offender and given an indeterminate or a definite sentence, shall be
56 committed to the custody of the [director of the division for
S. 2812--C 167 A. 4012--C
1 youth]commissioner of the office of children and family services who
2 shall arrange for the confinement of such offender in secure facilities
3 of the [division] office. The release or transfer of such offenders
4 from the [division for youth] office of children and family services
5 shall be governed by section five hundred eight of the executive law.
6 (b) The court in committing a juvenile offender and youthful offender
7 to the custody of the [division for youth] office of children and family
8 services shall inquire as to whether the parents or legal guardian of
9 the youth, if present, will consent for the [division] office of chil-
10 dren and family services to provide routine medical, dental and mental
11 health services and treatment.
12 (c) Notwithstanding paragraph (b) of this subdivision, where the court
13 commits an offender to the custody of the [division for youth] office of
14 children and family services in accordance with this section and no
15 medical consent has been obtained prior to said commitment, the commit-
16 ment order shall be deemed to grant consent for the [division for youth]
17 office of children and family services to provide for routine medical,
18 dental and mental health services and treatment to the offender so
19 committed.
20 (d) Nothing in this subdivision shall preclude a parent or legal guar-
21 dian of an offender who is not yet eighteen years of age from making a
22 motion on notice to the [division for youth] office of children and
23 family services pursuant to article twenty-two of the civil practice law
24 and rules objecting to routine medical, dental or mental health services
25 and treatment being provided to such offender under the provisions of
26 paragraph (b) of this subdivision.
27 (e) Nothing in this section shall require that consent be obtained
28 from the parent or legal guardian, where no consent is necessary or
29 where the offender is authorized by law to consent on his or her own
30 behalf to any medical, dental and mental health service or treatment.
31 5. Subject to regulations of the department of health, routine
32 medical, dental and mental health services and treatment is defined for
33 the purposes of this section to mean any routine diagnosis or treatment,
34 including without limitation the administration of medications or nutri-
35 tion, the extraction of bodily fluids for analysis, and dental care
36 performed with a local anesthetic. Routine mental health treatment shall
37 not include psychiatric administration of medication unless it is part
38 of an ongoing mental health plan or unless it is otherwise authorized by
39 law.
40 § 125. Subdivisions 1 and 3 of section 70.20 of the penal law, subdi-
41 vision 1 as amended by chapter 516 of the laws of 1995 and subdivision 3
42 as amended by chapter 303 of the laws of 1981, are amended to read as
43 follows:
44 1. (a) Indeterminate sentence. Except as provided in subdivision four
45 of this section, when an indeterminate sentence of imprisonment is
46 imposed, the court shall commit the defendant to the custody of the
47 state department of [correctional services] corrections and community
48 supervision for the term of his or her sentence and until released in
49 accordance with the law.
50 (b) The court in committing a defendant who is not yet eighteen years
51 of age to the department of [correctional services] corrections and
52 community supervision shall inquire as to whether the parents or legal
53 guardian of the defendant, if present, will grant to the minor the
54 capacity to consent to routine medical, dental and mental health
55 services and treatment.
S. 2812--C 168 A. 4012--C
1 (c) Notwithstanding paragraph (b) of this subdivision, where the court
2 commits a defendant who is not yet eighteen years of age to the custody
3 of the department of [correctional services] corrections and community
4 supervision in accordance with this section and no medical consent has
5 been obtained prior to said commitment, the commitment order shall be
6 deemed to grant the capacity to consent to routine medical, dental and
7 mental health services and treatment to the person so committed.
8 (d) Nothing in this subdivision shall preclude a parent or legal guar-
9 dian of an inmate who is not yet eighteen years of age from making a
10 motion on notice to the department of [correctional services]
11 corrections and community supervision pursuant to article twenty-two of
12 the civil practice law and rules and section one hundred forty of the
13 correction law, objecting to routine medical, dental or mental health
14 services and treatment being provided to such inmate under the
15 provisions of paragraph (b) of this subdivision.
16 (e) Nothing in this section shall require that consent be obtained
17 from the parent or legal guardian, where no consent is necessary or
18 where the defendant is authorized by law to consent on his or her own
19 behalf to any medical, dental, and mental health service or treatment.
20 3. Undischarged imprisonment in other jurisdiction. When a defendant
21 who is subject to an undischarged term of imprisonment, imposed at a
22 previous time by a court of another jurisdiction, is sentenced to an
23 additional term or terms of imprisonment by a court of this state to run
24 concurrently with such undischarged term, as provided in subdivision
25 four of section 70.25, the return of the defendant to the custody of the
26 appropriate official of the other jurisdiction shall be deemed a commit-
27 ment for such portion of the term or terms of the sentence imposed by
28 the court of this state as shall not exceed the said undischarged term.
29 The defendant shall be committed to the custody of the state department
30 of [correctional services] corrections and community supervision if the
31 additional term or terms are indeterminate or to the appropriate county
32 or regional correctional institution if the said term or terms are defi-
33 nite for such portion of the term or terms of the sentence imposed as
34 shall exceed such undischarged term or until released in accordance with
35 law. If such additional term or terms imposed shall run consecutively to
36 the said undischarged term, the defendant shall be committed as provided
37 in subdivisions one and two of this section.
38 § 126. The opening paragraph of subdivision 1 and subdivisions 6 and 7
39 of section 70.30 of the penal law, the opening paragraph of subdivision
40 1 as amended by chapter 3 of the laws of 1995, subdivision 6 as amended
41 by chapter 465 of the laws of 1974 and subdivision 7 as amended by chap-
42 ter 392 of the laws of 1988, are amended to read as follows:
43 An indeterminate or determinate sentence of imprisonment commences
44 when the prisoner is received in an institution under the jurisdiction
45 of the state department of [correctional services] corrections and
46 community supervision. Where a person is under more than one indetermi-
47 nate or determinate sentence, the sentences shall be calculated as
48 follows:
49 6. Escape. When a person who is serving a sentence of imprisonment
50 escapes from custody, the escape shall interrupt the sentence and such
51 interruption shall continue until the return of the person to the insti-
52 tution in which the sentence was being served or, if the sentence was
53 being served in an institution under the jurisdiction of the state
54 department of [correctional services] corrections and community super-
55 vision, to an institution under the jurisdiction of that department. Any
56 time spent by such person in custody from the date of escape to the date
S. 2812--C 169 A. 4012--C
1 the sentence resumes shall be credited against the term or maximum term
2 of the interrupted sentence, provided:
3 (a) That such custody was due to an arrest or surrender based upon the
4 escape; or
5 (b) That such custody arose from an arrest on another charge which
6 culminated in a dismissal or an acquittal; or
7 (c) That such custody arose from an arrest on another charge which
8 culminated in a conviction, but in such case, if a sentence of imprison-
9 ment was imposed, the credit allowed shall be limited to the portion of
10 the time spent in custody that exceeds the period, term or maximum term
11 of imprisonment imposed for such conviction.
12 7. Absconding from temporary release or furlough program. When a
13 person who is serving a sentence of imprisonment is permitted to leave
14 an institution to participate in a program of work release or furlough
15 program as such term is defined in section six hundred thirty-one of the
16 correction law, or in the case of an institution under the jurisdiction
17 of the state department of [correctional services] corrections and
18 community supervision or a facility under the jurisdiction of the state
19 [division for youth] office of children and family services to partic-
20 ipate in a program of temporary release, fails to return to the institu-
21 tion or facility at or before the time prescribed for his or her return,
22 such failure shall interrupt the sentence and such interruption shall
23 continue until the return of the person to the institution in which the
24 sentence was being served or, if the sentence was being served in an
25 institution under the jurisdiction of the state department of [correc-
26 tional services] corrections and community supervision or a facility
27 under the jurisdiction of the state [division for youth] office of chil-
28 dren and family services to an institution under the jurisdiction of
29 that department or a facility under the jurisdiction of that [division]
30 office. Any time spent by such person in an institution from the date
31 of his or her failure to return to the date his or her sentence resumes
32 shall be credited against the term or maximum term of the interrupted
33 sentence, provided:
34 (a) That such incarceration was due to an arrest or surrender based
35 upon the failure to return; or
36 (b) That such incarceration arose from an arrest on another charge
37 which culminated in a dismissal or an acquittal; or
38 (c) That such custody arose from an arrest on another charge which
39 culminated in a conviction, but in such case, if a sentence of imprison-
40 ment was imposed, the credit allowed shall be limited to the portion of
41 the time spent in custody that exceeds the period, term or maximum term
42 of imprisonment imposed for such conviction.
43 § 127. The opening paragraph of subdivision 1 of section 70.30 of the
44 penal law, as amended by chapter 481 of the laws of 1978, is amended to
45 read as follows:
46 An indeterminate sentence of imprisonment commences when the prisoner
47 is received in an institution under the jurisdiction of the state
48 department of [correctional services] corrections and community super-
49 vision. Where a person is under more than one indeterminate sentence,
50 the sentences shall be calculated as follows:
51 § 127-a. Section 70.35 of the penal law, as amended by chapter 3 of
52 the laws of 1995, is amended to read as follows:
53 § 70.35 Merger of certain definite and indeterminate or determinate
54 sentences.
55 The service of an indeterminate or determinate sentence of imprison-
56 ment shall satisfy any definite sentence of imprisonment imposed on a
S. 2812--C 170 A. 4012--C
1 person for an offense committed prior to the time the indeterminate or
2 determinate sentence was imposed, except as provided in paragraph (b) of
3 subdivision five of section 70.25 of this article. A person who is serv-
4 ing a definite sentence at the time an indeterminate or determinate
5 sentence is imposed shall be delivered to the custody of the state
6 department of [correctional services] corrections and community super-
7 vision to commence service of the indeterminate or determinate sentence
8 immediately unless the person is serving a definite sentence pursuant to
9 paragraph (b) of subdivision five of section 70.25 of this article. In
10 any case where the indeterminate or determinate sentence is revoked or
11 vacated, the person shall receive credit against the definite sentence
12 for each day spent in the custody of the state department of [correc-
13 tional services] corrections and community supervision.
14 § 127-b. Section 70.35 of the penal law, as amended by chapter 527 of
15 the laws of 1989, is amended to read as follows:
16 § 70.35 Merger of certain definite and indeterminate sentences.
17 The service of an indeterminate sentence of imprisonment shall satisfy
18 any definite sentence of imprisonment imposed on a person for an offense
19 committed prior to the time the indeterminate sentence was imposed,
20 except as provided in paragraph (b) of subdivision five of section 70.25
21 of this article. A person who is serving a definite sentence at the time
22 an indeterminate sentence is imposed shall be delivered to the custody
23 of the state department of [correctional services] corrections and
24 community supervision to commence service of the indeterminate sentence
25 immediately unless the person is serving a definite sentence pursuant to
26 paragraph (b) of subdivision five of section 70.25 of this article. In
27 any case where the indeterminate sentence is revoked or vacated, the
28 person shall receive credit against the definite sentence for each day
29 spent in the custody of the state department of [correctional services]
30 corrections and community supervision.
31 § 127-c. Paragraph (a) of subdivision 1 of section 70.40 of the penal
32 law, as amended by chapter 3 of the laws of 1995, subparagraph (i) as
33 amended by chapter 435 of the laws of 1997, subparagraph (v) as amended
34 by section 7 of part J of chapter 56 of the laws of 2009, is amended to
35 read as follows:
36 (a) Release on parole shall be in the discretion of the state board of
37 parole, and such person shall continue service of his or her sentence or
38 sentences while on parole, in accordance with and subject to the
39 provisions of the executive law and the correction law.
40 (i) A person who is serving one or more than one indeterminate
41 sentence of imprisonment may be paroled from the institution in which he
42 or she is confined at any time after the expiration of the minimum or
43 the aggregate minimum period of the sentence or sentences or, where
44 applicable, the minimum or aggregate minimum period reduced by the merit
45 time allowance granted pursuant to paragraph (d) of subdivision one of
46 section eight hundred three of the correction law.
47 (ii) A person who is serving one or more than one determinate sentence
48 of imprisonment shall be ineligible for discretionary release on parole.
49 (iii) A person who is serving one or more than one indeterminate
50 sentence of imprisonment and one or more than one determinate sentence
51 of imprisonment, which run concurrently may be paroled at any time after
52 the expiration of the minimum period of imprisonment of the indetermi-
53 nate sentence or sentences, or upon the expiration of six-sevenths of
54 the term of imprisonment of the determinate sentence or sentences,
55 whichever is later.
S. 2812--C 171 A. 4012--C
1 (iv) A person who is serving one or more than one indeterminate
2 sentence of imprisonment and one or more than one determinate sentence
3 of imprisonment which run consecutively may be paroled at any time after
4 the expiration of the sum of the minimum or aggregate minimum period of
5 the indeterminate sentence or sentences and six-sevenths of the term or
6 aggregate term of imprisonment of the determinate sentence or sentences.
7 (v) Notwithstanding any other subparagraph of this paragraph, a person
8 may be paroled from the institution in which he or she is confined at
9 any time on medical parole pursuant to section two hundred fifty-nine-r
10 or section two hundred fifty-nine-s of the executive law or for deporta-
11 tion pursuant to paragraph (d) of subdivision two of section two hundred
12 fifty-nine-i of the executive law or after the successful completion of
13 a shock incarceration program pursuant to article twenty-six-A of the
14 correction law.
15 § 127-d. Paragraph (a) of subdivision 1 of section 70.40 of the penal
16 law, as separately amended by chapter 261 of the laws of 1987 and chap-
17 ter 55 of the laws of 1992, subparagraph (i) as added by chapter 3 of
18 the laws of 1995, is amended to read as follows:
19 (a) (i) A person who is serving one or more than one indeterminate
20 sentence of imprisonment may be paroled from the institution in which he
21 or she is confined at any time after the expiration of the minimum or
22 the aggregate minimum period of imprisonment of the sentence or
23 sentences or after the successful completion of a shock incarceration
24 program, as defined in article twenty-six-A of the correction law,
25 whichever is sooner. Release on parole shall be in the discretion of the
26 state board of parole, and such person shall continue service of his or
27 her sentence or sentences while on parole, in accordance with and
28 subject to the provisions of the executive law and the correction law.
29 [(i)] (ii) A person who is serving one or more than one indeterminate
30 sentence of imprisonment may be paroled from the institution in which he
31 or she is confined at any time after the expiration of the minimum or
32 the aggregate minimum period of the sentence or sentences.
33 § 127-d-1. Paragraph (b) of subdivision 1 of section 70.40 of the
34 penal law, as amended by chapter 1 of the laws of 1998, is amended to
35 read as follows:
36 (b) A person who is serving one or more than one indeterminate or
37 determinate sentence of imprisonment shall, if he or she so requests, be
38 conditionally released from the institution in which he or she is
39 confined when the total good behavior time allowed to him or her, pursu-
40 ant to the provisions of the correction law, is equal to the unserved
41 portion of his or her term, maximum term or aggregate maximum term;
42 provided, however, that (i) in no event shall a person serving one or
43 more indeterminate sentence of imprisonment and one or more determinate
44 sentence of imprisonment which run concurrently be conditionally
45 released until serving at least six-sevenths of the determinate term of
46 imprisonment which has the longest unexpired time to run and (ii) in no
47 event shall a person be conditionally released prior to the date on
48 which such person is first eligible for discretionary parole release.
49 The conditions of release, including those governing post-release super-
50 vision, shall be such as may be imposed by the state board of parole in
51 accordance with the provisions of the executive law.
52 Every person so released shall be under the supervision of the state
53 [board of parole] department of corrections and community supervision
54 for a period equal to the unserved portion of the term, maximum term,
55 aggregate maximum term, or period of post-release supervision.
S. 2812--C 172 A. 4012--C
1 § 127-e. Paragraph (b) of subdivision 1 of section 70.40 of the penal
2 law, as separately amended by chapter 467 of the laws of 1979 and chap-
3 ter 1 of the laws of 1998, the closing paragraph as separately amended
4 by chapter 148 of the laws of 1975 and chapter 1 of the laws of 1998, is
5 amended to read as follows:
6 (b) A person who is serving one or more than one indeterminate
7 sentence of imprisonment shall, if he or she so requests, be condi-
8 tionally released from the institution in which he or she is confined
9 when the total good behavior time allowed to him or her, pursuant to the
10 provisions of the correction law, is equal to the unserved portion of
11 his or her maximum or aggregate maximum term. The conditions of release,
12 including those governing post-release supervision, shall be such as may
13 be imposed by the state board of parole in accordance with the
14 provisions of the executive law.
15 Every person so released shall be under the supervision of the [state
16 board of parole] department of corrections and community supervision for
17 a period equal to the unserved portion of the maximum, aggregate maximum
18 term, or period of post-release supervision.
19 § 127-f. Paragraph (c) of subdivision 1 of section 70.40 of the penal
20 law, as added by section 13 of part E of chapter 62 of the laws of 2003,
21 is amended to read as follows:
22 (c) A person who is serving one or more than one indeterminate
23 sentence of imprisonment shall, if he or she so requests, be released
24 from the institution in which he or she is confined if granted presump-
25 tive release pursuant to section eight hundred six of the correction
26 law. The conditions of release shall be such as may be imposed by the
27 state board of parole in accordance with the provisions of the executive
28 law. Every person so released shall be under the supervision of the
29 [state board of parole] department of corrections and community super-
30 vision for a period equal to the unserved portion of his or her maximum
31 or aggregate maximum term unless discharged in accordance with law.
32 § 127-g. Subdivision 2 of section 70.40 of the penal law, as amended
33 by section 4 of part SS of chapter 56 of the laws of 2009, is amended to
34 read as follows:
35 2. Definite sentence. A person who is serving one or more than one
36 definite sentence of imprisonment with a term or aggregate term in
37 excess of ninety days, and is eligible for release according to the
38 criteria set forth in paragraphs (a), (b) and (c) of subdivision one of
39 section two hundred seventy-three of the correction law, may, if he or
40 she so requests, be conditionally released from the institution in which
41 he or she is confined at any time after service of sixty days of that
42 term, exclusive of credits allowed under subdivisions four and six of
43 section 70.30. In computing service of sixty days, the credit allowed
44 for jail time under subdivision three of section 70.30 shall be calcu-
45 lated as time served. Conditional release from such institution shall be
46 in the discretion of the parole board, or a local conditional release
47 commission established pursuant to article twelve of the correction law,
48 provided, however that where such release is by a local conditional
49 release commission, the person must be serving a definite sentence with
50 a term in excess of one hundred twenty days and may only be released
51 after service of ninety days of such term. In computing service of nine-
52 ty days, the credit allowed for jail time under subdivision three of
53 section 70.30 of this article shall be calculated as time served. A
54 conditional release granted under this subdivision shall be upon such
55 conditions as may be imposed by the parole board, in accordance with the
S. 2812--C 173 A. 4012--C
1 provisions of the executive law, or a local conditional release commis-
2 sion in accordance with the provisions of the correction law.
3 Conditional release shall interrupt service of the sentence or
4 sentences and the remaining portion of the term or aggregate term shall
5 be held in abeyance. Every person so released shall be under the super-
6 vision of the [parole board] department of corrections and community
7 supervision or a local probation department and in the custody of the
8 local conditional release commission in accordance with article twelve
9 of the correction law, for a period of one year. The local probation
10 department shall cause complete records to be kept of every person
11 released to its supervision pursuant to this subdivision. The [division
12 of parole] department of corrections and community supervision may
13 supply to a local probation department and the local conditional release
14 commission custody information and records maintained on persons under
15 the supervision of such local probation department to aid in the
16 performance of its supervision responsibilities. Compliance with the
17 conditions of release during the period of supervision shall satisfy the
18 portion of the term or aggregate term that has been held in abeyance.
19 § 127-h. Paragraphs (a) and (b) of subdivision 3 of section 70.40 of
20 the penal law, paragraph (a) as amended by section 14 of part E of chap-
21 ter 62 of the laws of 2003, paragraph (b) as amended by section 5 of
22 part SS of chapter 56 of the laws of 2009, are amended to read as
23 follows:
24 (a) When a person is alleged to have violated the terms of presumptive
25 release or parole and the state board of parole has declared such person
26 to be delinquent, the declaration of delinquency shall interrupt the
27 person's sentence as of the date of the delinquency and such inter-
28 ruption shall continue until the return of the person to an institution
29 under the jurisdiction of the state department of [correctional
30 services] corrections and community supervision.
31 (b) When a person is alleged to have violated the terms of his or her
32 conditional release or post-release supervision and has been declared
33 delinquent by the parole board or the local conditional release commis-
34 sion having supervision over such person, the declaration of delinquency
35 shall interrupt the period of supervision or post-release supervision as
36 of the date of the delinquency. For a conditional release, such inter-
37 ruption shall continue until the return of the person to the institution
38 from which he or she was released or, if he or she was released from an
39 institution under the jurisdiction of the state department of [correc-
40 tional services] corrections and community supervision, to an institu-
41 tion under the jurisdiction of that department. Upon such return, the
42 person shall resume service of his or her sentence. For a person
43 released to post-release supervision, the provisions of section 70.45
44 shall apply.
45 § 127-i. Intentionally omitted.
46 § 127-j. Subdivision 5 of section 70.45 of the penal law, as added by
47 chapter 1 of the laws of 1998, paragraph (d) as amended by section 5 of
48 part E of chapter 56 of the laws of 2007, is amended to read as follows:
49 5. Calculation of service of period of post-release supervision. A
50 period or periods of post-release supervision shall be calculated and
51 served as follows:
52 (a) A period of post-release supervision shall commence upon the
53 person's release from imprisonment to supervision by the [division of
54 parole] department of corrections and community supervision and shall
55 interrupt the running of the determinate sentence or sentences of impri-
56 sonment and the indeterminate sentence or sentences of imprisonment, if
S. 2812--C 174 A. 4012--C
1 any. The remaining portion of any maximum or aggregate maximum term
2 shall then be held in abeyance until the successful completion of the
3 period of post-release supervision or the person's return to the custody
4 of the [department of correctional services] department of corrections
5 and community supervision, whichever occurs first.
6 (b) Upon the completion of the period of post-release supervision, the
7 running of such sentence or sentences of imprisonment shall resume and
8 only then shall the remaining portion of any maximum or aggregate maxi-
9 mum term previously held in abeyance be credited with and diminished by
10 such period of post-release supervision. The person shall then be under
11 the jurisdiction of the [division of parole] department of corrections
12 and community supervision for the remaining portion of such maximum or
13 aggregate maximum term.
14 (c) When a person is subject to two or more periods of post-release
15 supervision, such periods shall merge with and be satisfied by discharge
16 of the period of post-release supervision having the longest unexpired
17 time to run; provided, however, any time served upon one period of post-
18 release supervision shall not be credited to any other period of post-
19 release supervision except as provided in subdivision five of section
20 70.30 of this article.
21 (d) When a person is alleged to have violated a condition of post-re-
22 lease supervision and the [division of parole] department of corrections
23 and community supervision has declared such person to be delinquent: (i)
24 the declaration of delinquency shall interrupt the period of post-re-
25 lease supervision; (ii) such interruption shall continue until the
26 person is restored to post-release supervision; (iii) if the person is
27 restored to post-release supervision without being returned to the
28 department of [correctional services] corrections and community super-
29 vision, any time spent in custody from the date of delinquency until
30 restoration to post-release supervision shall first be credited to the
31 maximum or aggregate maximum term of the sentence or sentences of impri-
32 sonment, but only to the extent authorized by subdivision three of
33 section 70.40 of this article. Any time spent in custody solely pursuant
34 to such delinquency after completion of the maximum or aggregate maximum
35 term of the sentence or sentences of imprisonment shall be credited to
36 the period of post-release supervision, if any; and (iv) if the person
37 is ordered returned to the department of [correctional services]
38 corrections and community supervision, the person shall be required to
39 serve the time assessment before being re-released to post-release
40 supervision. In the event the balance of the remaining period of post-
41 release supervision is six months or less, such time assessment may be
42 up to six months unless a longer period is authorized pursuant to subdi-
43 vision one of this section. The time assessment shall commence upon the
44 issuance of a determination after a final hearing that the person has
45 violated one or more conditions of supervision. While serving such
46 assessment, the person shall not receive any good behavior allowance
47 pursuant to section eight hundred three of the correction law. Any time
48 spent in custody from the date of delinquency until return to the
49 department of [correctional services] corrections and community super-
50 vision shall first be credited to the maximum or aggregate maximum term
51 of the sentence or sentences of imprisonment, but only to the extent
52 authorized by subdivision three of section 70.40 of this article. The
53 maximum or aggregate maximum term of the sentence or sentences of impri-
54 sonment shall run while the person is serving such time assessment in
55 the custody of the department of [correctional services] corrections and
56 community supervision. Any time spent in custody solely pursuant to
S. 2812--C 175 A. 4012--C
1 such delinquency after completion of the maximum or aggregate maximum
2 term of the sentence or sentences of imprisonment shall be credited to
3 the period of post-release supervision, if any.
4 (e) Notwithstanding paragraph (d) of this subdivision, in the event a
5 person is sentenced to one or more additional indeterminate or determi-
6 nate term or terms of imprisonment prior to the completion of the period
7 of post-release supervision, such period of post-release supervision
8 shall be held in abeyance and the person shall be committed to the
9 custody of the department of [correctional services] corrections and
10 community supervision in accordance with the requirements of the prior
11 and additional terms of imprisonment.
12 (f) When a person serving a period of post-release supervision is
13 returned to the department of [correctional services] corrections and
14 community supervision pursuant to an additional consecutive sentence of
15 imprisonment and without a declaration of delinquency, such period of
16 post-release supervision shall be held in abeyance while the person is
17 in the custody of the department of [correctional services] corrections
18 and community supervision. Such period of post-release supervision
19 shall resume running upon the person's re-release.
20 § 127-k. Paragraph (d) of subdivision 3 of section 70.70 of the penal
21 law, as added by chapter 738 of the laws of 2004, is amended to read as
22 follows:
23 (d) Sentence of parole supervision. In the case of a person sentenced
24 for a specified offense or offenses as defined in subdivision five of
25 section 410.91 of the criminal procedure law, who stands convicted of no
26 other felony offense, who has not previously been convicted of either a
27 violent felony offense as defined in section 70.02 of this article, a
28 class A felony offense or a class B felony offense, and is not under the
29 jurisdiction of or awaiting delivery to the department of [correctional
30 services] corrections and community supervision, the court may direct
31 that a determinate sentence imposed pursuant to this subdivision shall
32 be executed as a parole supervision sentence as defined in and pursuant
33 to the procedures prescribed in section 410.91 of the criminal procedure
34 law.
35 § 127-l. Subdivision 1 of section 85.15 of the penal law, as amended
36 by chapter 3 of the laws of 1995, is amended to read as follows:
37 1. Indeterminate and determinate sentences. The service of an indeter-
38 minate or a determinate sentence of imprisonment shall satisfy any
39 sentence of intermittent imprisonment imposed on a person for an offense
40 committed prior to the time the indeterminate or determinate sentence
41 was imposed. A person who is serving a sentence of intermittent impri-
42 sonment at the time an indeterminate or a determinate sentence of impri-
43 sonment is imposed shall be delivered to the custody of the state
44 department of [correctional services] corrections and community super-
45 vision to commence service of the indeterminate or determinate sentence
46 immediately.
47 § 127-m. Subdivision 1 of section 85.15 of the penal law, as added by
48 chapter 477 of the laws of 1970, is amended to read as follows:
49 1. Indeterminate and reformatory sentences. The service of an indeter-
50 minate or a reformatory sentence of imprisonment shall satisfy any
51 sentence of intermittent imprisonment imposed on a person for an offense
52 committed prior to the time the indeterminate or reformatory sentence
53 was imposed. A person who is serving a sentence of intermittent impri-
54 sonment at the time an indeterminate or a reformatory sentence of impri-
55 sonment is imposed shall be delivered to the custody of the state
56 department of [correction] corrections and community supervision to
S. 2812--C 176 A. 4012--C
1 commence service of the indeterminate or reformatory sentence immediate-
2 ly.
3 § 127-n. Section 205.17 of the penal law, as amended by chapter 460 of
4 the laws of 1983, is amended to read as follows:
5 § 205.17 Absconding from temporary release in the first degree.
6 A person is guilty of absconding from temporary release in the first
7 degree when having been released from confinement in a correctional
8 institution under the jurisdiction of the state department of [correc-
9 tional services] corrections and community supervision or a facility
10 under the jurisdiction of the state [division for youth] office of chil-
11 dren and family services to participate in a program of temporary
12 release, he or she intentionally fails to return to the institution or
13 facility of his or her confinement at or before the time prescribed for
14 his or her return.
15 Absconding from temporary release in the first degree is a class E
16 felony.
17 § 127-o. Section 205.19 of the penal law, as added by chapter 554 of
18 the laws of 1986, is amended to read as follows:
19 § 205.19 Absconding from a community treatment facility.
20 A person is guilty of absconding from a community treatment facility
21 when having been released from confinement from a correctional institu-
22 tion under the jurisdiction of the state department of [correctional
23 services] corrections and community supervision by transfer to a commu-
24 nity treatment facility, he or she leaves such facility without authori-
25 zation or he or she intentionally fails to return to the community
26 treatment facility at or before the time prescribed for his or her
27 return.
28 Absconding from a community treatment facility is a class E felony.
29 § 127-p. Section 240.32 of the penal law, as separately amended by
30 chapters 422 and 441 of the laws of 2000, is amended to read as follows:
31 § 240.32 Aggravated harassment of an employee by an inmate.
32 An inmate or respondent is guilty of aggravated harassment of an
33 employee by an inmate when, with intent to harass, annoy, threaten or
34 alarm a person in a facility whom he or she knows or reasonably should
35 know to be an employee of such facility or the [division of] board of
36 parole or the office of mental health, or a probation department, bureau
37 or unit or a police officer, he or she causes or attempts to cause such
38 employee to come into contact with blood, seminal fluid, urine or feces,
39 by throwing, tossing or expelling such fluid or material.
40 For purposes of this section, "inmate" means an inmate or detainee in
41 a correctional facility, local correctional facility or a hospital, as
42 such term is defined in subdivision two of section four hundred of the
43 correction law. For purposes of this section, "respondent" means a juve-
44 nile in a secure facility operated and maintained by the office of chil-
45 dren and family services who is placed with or committed to the office
46 of children and family services. For purposes of this section, "facili-
47 ty" means a correctional facility or local correctional facility, hospi-
48 tal, as such term is defined in subdivision two of section four hundred
49 of the correction law, or a secure facility operated and maintained by
50 the office of children and family services.
51 Aggravated harassment of an employee by an inmate is a class E felony.
52 § 127-q. Paragraphs (e) and (f) of subdivision 3 of section 130.05 of
53 the penal law, paragraph (e) as amended by chapter 1 of the laws of
54 2000, subparagraph (iv) of paragraph (e) as added and paragraph (f) as
55 amended by chapter 335 of the laws of 2007, are amended to read as
56 follows:
S. 2812--C 177 A. 4012--C
1 (e) committed to the care and custody of the state department of
2 [correctional services] corrections and community supervision or a
3 hospital, as such term is defined in subdivision two of section four
4 hundred of the correction law, and the actor is an employee, not married
5 to such person, who knows or reasonably should know that such person is
6 committed to the care and custody of such department or hospital. For
7 purposes of this paragraph, "employee" means (i) an employee of the
8 state department of [correctional services] corrections and community
9 supervision who performs professional duties: (A) in a state correction-
10 al facility consisting of providing custody, medical or mental health
11 services, counseling services, educational programs, or vocational
12 training for inmates; or
13 [(ii) an employee of the division of parole who performs professional
14 duties] (B) in a state correctional facility and who provides institu-
15 tional parole services [pursuant to section two hundred fifty-nine-e of
16 the executive law]; or
17 [(iii)] (ii) an employee of the office of mental health who performs
18 professional duties in a state correctional facility or hospital, as
19 such term is defined in subdivision two of section four hundred of the
20 correction law, consisting of providing custody, or medical or mental
21 health services for such inmates; or
22 [(iv)] (iii) a person, including a volunteer, providing direct
23 services to inmates in the state correctional facility in which the
24 victim is confined at the time of the offense pursuant to a contractual
25 arrangement with the state department of correctional services or, in
26 the case of a volunteer, a written agreement with such department,
27 provided that the person received written notice concerning the
28 provisions of this paragraph; or
29 (f) committed to the care and custody of a local correctional facili-
30 ty, as such term is defined in subdivision two of section forty of the
31 correction law, and the actor is an employee, not married to such
32 person, who knows or reasonably should know that such person is commit-
33 ted to the care and custody of such facility. For purposes of this para-
34 graph, "employee" means an employee of the local correctional facility
35 where the person is committed who performs professional duties consist-
36 ing of providing custody, medical or mental health services, counseling
37 services, educational services, or vocational training for inmates. For
38 purposes of this paragraph, "employee" shall also mean a person, includ-
39 ing a volunteer or a government employee of the state [division of
40 parole] department of corrections and community supervision or a local
41 health, education or probation agency, providing direct services to
42 inmates in the local correctional facility in which the victim is
43 confined at the time of the offense pursuant to a contractual arrange-
44 ment with the local correctional department or, in the case of such a
45 volunteer or government employee, a written agreement with such depart-
46 ment, provided that such person received written notice concerning the
47 provisions of this paragraph; or
48 § 127-r. Subdivision 1 of section 10 of the public buildings law, as
49 added by chapter 83 of the laws of 1995, is amended to read as follows:
50 1. Except as provided in subdivision two of this section, whenever the
51 head of any agency, board, division or commission, with the approval of
52 the director of the budget, (a) shall certify to the commissioner of
53 general services that any property on state land or on land under lease
54 to the state and consisting of buildings with or without fixtures
55 attached thereto, and any other improvements upon such lands, are unfit,
56 not adapted or not needed for use by such agency, board, division or
S. 2812--C 178 A. 4012--C
1 commission and (b) shall recommend for reasons to be stated, that the
2 said property should be disposed of, the commissioner of general
3 services shall, after causing an investigation to be made, dispose of
4 said property by sale or demolition as will best promote the public
5 interest. Public notice of a proposed sale where the value of the prop-
6 erty to be sold exceeds five thousand dollars shall be given by adver-
7 tising at least once in a newspaper published and having a general
8 circulation in the county in which such lands are located and in such
9 other newspaper or newspapers as the commissioner of general services
10 may deem to be necessary. Such advertisement shall give a general
11 description and location of the property and the terms of the sale and
12 the date on which proposals for the same will be received by the commis-
13 sioner of general services. Should any or all of the offers so received
14 be deemed by the commissioner of general services to be too low, he or
15 she may dispose of such property so advertised at private sale within
16 ninety days of the opening of the bids, provided that no such private
17 sale shall be consummated at a price lower than that submitted as a
18 result of public advertising. The commissioner of general services shall
19 also have the power to demolish such property either by contract or, if
20 such property is located on lands which are under the jurisdiction of
21 the department of [correctional services] corrections and community
22 supervision, the work of such demolition may be done by the inmates of
23 the institution where such property is located, provided however that
24 the commissioner of [correctional services] corrections and community
25 supervision shall consent to the employment of the inmates for the work
26 of demolition. The provisions of this subdivision shall be effective
27 notwithstanding the provisions of any other general or special law
28 relating to the disposal of buildings with the fixtures attached thereto
29 or of any improvements upon lands belonging to or under lease to the
30 state, and any such statute or parts thereof relating to such disposal
31 of buildings, fixtures and improvements insofar as they are inconsistent
32 with the provisions of this section are hereby superseded. A record of
33 any such sale shall be filed with the state agency head above referred
34 to and the proceeds of such sale or disposal shall be paid into the
35 treasury of the state to the credit of the capital projects fund.
36 § 127-s. Subdivision 26 of section 206 of the public health law, as
37 added by section 1 of chapter 419 of the laws of 2009, is amended to
38 read as follows:
39 26. The commissioner is hereby authorized and directed to review any
40 policy or practice instituted in facilities operated by the department
41 of [correctional services] corrections and community supervision regard-
42 ing human immunodeficiency virus (HIV), acquired immunodeficiency
43 syndrome (AIDS), and hepatitis C (HCV) including the prevention of the
44 transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
45 inmates. Such review shall be performed annually and shall focus on
46 whether such HIV, AIDS or HCV policy or practice is consistent with
47 current, generally accepted medical standards and procedures used to
48 prevent the transmission of HIV and HCV and to treat AIDS, HIV and HCV
49 among the general public. In performing such reviews, in order to deter-
50 mine the quality and adequacy of care and treatment provided, department
51 personnel are authorized to enter correctional facilities and inspect
52 policy and procedure manuals and medical protocols, interview health
53 services providers and inmate-patients, review medical grievances, and
54 inspect a representative sample of medical records of inmates known to
55 be infected with HIV or HCV or have AIDS. Prior to initiating a review
56 of a correctional system, the commissioner shall inform the public,
S. 2812--C 179 A. 4012--C
1 including patients, their families and patient advocates, of the sched-
2 uled review and invite them to provide the commissioner with relevant
3 information. Upon the completion of such review, the department shall,
4 in writing, approve such policy or practice as instituted in facilities
5 operated by the department of [correctional services] corrections and
6 community supervision or, based on specific, written recommendations,
7 direct the department of [correctional services] corrections and commu-
8 nity supervision to prepare and implement a corrective plan to address
9 deficiencies in areas where such policy or practice fails to conform to
10 current, generally accepted medical standards and procedures. The
11 commissioner shall monitor the implementation of such corrective plans
12 and shall conduct such further reviews as the commissioner deems neces-
13 sary to ensure that identified deficiencies in HIV, AIDS and HCV poli-
14 cies and practices are corrected. All written reports pertaining to
15 reviews provided for in this subdivision shall be maintained, under such
16 conditions as the commissioner shall prescribe, as public information
17 available for public inspection.
18 § 127-t. Subdivision 26 of section 206 of the public health law, as
19 amended by section 2 of chapter 419 of the laws of 2009, is amended to
20 read as follows:
21 26. The commissioner is hereby authorized and directed to review any
22 policy or practice instituted in facilities operated by the department
23 of [correctional services] corrections and community supervision, and in
24 all local correctional facilities, as defined in subdivision sixteen of
25 section two of the correction law, regarding human immunodeficiency
26 virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C
27 (HCV) including the prevention of the transmission of HIV and HCV and
28 the treatment of AIDS, HIV and HCV among inmates. Such review shall be
29 performed annually and shall focus on whether such HIV, AIDS or HCV
30 policy or practice is consistent with current, generally accepted
31 medical standards and procedures used to prevent the transmission of HIV
32 and HCV and to treat AIDS, HIV and HCV among the general public. In
33 performing such reviews, in order to determine the quality and adequacy
34 of care and treatment provided, department personnel are authorized to
35 enter correctional facilities and inspect policy and procedure manuals
36 and medical protocols, interview health services providers and inmate-
37 patients, review medical grievances, and inspect a representative sample
38 of medical records of inmates known to be infected with HIV or HCV or
39 have AIDS. Prior to initiating a review of a correctional system, the
40 commissioner shall inform the public, including patients, their families
41 and patient advocates, of the scheduled review and invite them to
42 provide the commissioner with relevant information. Upon the completion
43 of such review, the department shall, in writing, approve such policy or
44 practice as instituted in facilities operated by the department of
45 [correctional services] corrections and community supervision, and in
46 any local correctional facility, or, based on specific, written recom-
47 mendations, direct the department of [correctional services] corrections
48 and community supervision, or the authority responsible for the
49 provision of medical care to inmates in local correctional facilities to
50 prepare and implement a corrective plan to address deficiencies in areas
51 where such policy or practice fails to conform to current, generally
52 accepted medical standards and procedures. The commissioner shall moni-
53 tor the implementation of such corrective plans and shall conduct such
54 further reviews as the commissioner deems necessary to ensure that iden-
55 tified deficiencies in HIV, AIDS and HCV policies and practices are
56 corrected. All written reports pertaining to reviews provided for in
S. 2812--C 180 A. 4012--C
1 this subdivision shall be maintained, under such conditions as the
2 commissioner shall prescribe, as public information available for public
3 inspection.
4 § 128. Subdivision 2 of section 579 of the public health law, as added
5 by chapter 436 of the laws of 1993, is amended to read as follows:
6 2. This title shall not be applicable to and the department shall not
7 have the power to regulate pursuant to this title: (a) any examination
8 performed by a state or local government of materials derived from the
9 human body for use in criminal identification or as evidence in a crimi-
10 nal proceeding or for investigative purposes; (b) any test conducted
11 pursuant to paragraph (c) of subdivision four of section eleven hundred
12 ninety-four of the vehicle and traffic law and paragraph [(b)] (c) of
13 subdivision [four] eight of section 25.24 of the parks, recreation and
14 historic preservation law; (c) any examination performed by a state or
15 local agency of materials derived from the body of an inmate, pretrial
16 releasee, parolee, conditional releasee or probationer to (i) determine,
17 measure or otherwise describe the presence or absence of any substance
18 whose possession, ingestion or use is prohibited by law, the rules of
19 the department of [correctional services] corrections and community
20 supervision, the conditions of release established by the board of
21 parole, the conditions of release established by a court or a local
22 conditional release commission or the conditions of any program to which
23 such individuals are referred and (ii) to determine whether there has
24 been a violation thereof; or (d) any examination performed by a coroner
25 or medical examiner for the medical-legal investigation of a death.
26 Nothing herein shall prevent the department from consulting with the
27 division of criminal justice services, the department of [correctional
28 services] corrections and community supervision, the state police, or
29 any other state agency or commission, at the request of the division of
30 criminal justice services, the department of [correctional services]
31 corrections and community supervision, the state police, or such other
32 agency or commission, concerning examination of materials for purposes
33 other than public health.
34 § 129. Subdivision 8 of section 2780 of the public health law, as
35 amended by chapter 786 of the laws of 1992, is amended to read as
36 follows:
37 8. "Health or social service" means any public or private care, treat-
38 ment, clinical laboratory test, counseling or educational service for
39 adults or children, and acute, chronic, custodial, residential, outpa-
40 tient, home or other health care provided pursuant to this chapter or
41 the social services law; public assistance or care as defined in article
42 one of the social services law; employment-related services, housing
43 services, foster care, shelter, protective services, day care, or
44 preventive services provided pursuant to the social services law;
45 services for the mentally disabled as defined in article one of the
46 mental hygiene law; probation services, provided pursuant to articles
47 twelve and twelve-A of the executive law; parole services, provided
48 pursuant to article [twelve-B of the executive law] eight of the
49 correction law; [correctional services] corrections and community super-
50 vision, provided pursuant to the correction law; detention and rehabili-
51 tative services provided pursuant to article nineteen-G of the executive
52 law; and the activities of the health care worker HIV/HBV advisory panel
53 pursuant to article twenty-seven-DD of this chapter.
54 § 130. Subdivision 2 of section 2785-a of the public health law, as
55 added by chapter 76 of the laws of 1995, is amended to read as follows:
S. 2812--C 181 A. 4012--C
1 2. At the time of communicating the test results to the subject or the
2 victim, such public health officer shall directly provide the victim and
3 person tested with (a) counseling or referrals for counseling for the
4 purposes specified in subdivision five of section two thousand seven
5 hundred eighty-one of this article; (b) counseling with regard to HIV
6 disease and HIV testing in accordance with law and consistent with
7 subdivision five of section two thousand seven hundred eighty-one of
8 this article; and (c) appropriate health care and support services, or
9 referrals to such available services. If at the time of communicating
10 the test results, the person tested is in the custody of the department
11 of [correctional services] corrections and community supervision, [divi-
12 sion for youth] office of children and family services, office of mental
13 health or a local correctional institution, the counseling and services
14 required by this subdivision may be provided by a public health officer
15 associated with the county or facility within which the person tested is
16 confined.
17 § 131. Subdivision 4 of section 2994-cc of the public health law, as
18 added by chapter 8 of the laws of 2010, is amended to read as follows:
19 4. (a) When the concurrence of a second physician is sought to fulfill
20 the requirements for the issuance of a nonhospital order not to resusci-
21 tate for patients in a correctional facility, such second physician
22 shall be selected by the chief medical officer of the department of
23 [correctional services] corrections and community supervision or his or
24 her designee.
25 (b) When the concurrence of a second physician is sought to fulfill
26 the requirements for the issuance of a nonhospital order not to resusci-
27 tate for hospice and home care patients, such second physician shall be
28 selected by the hospice medical director or hospice nurse coordinator
29 designated by the medical director or by the home care services agency
30 director of patient care services, as appropriate to the patient.
31 § 132. Subdivision 4 of section 4174 of the public health law, as
32 amended by section 6 of part OO of chapter 56 of the laws of 2010, is
33 amended to read as follows:
34 4. No fee shall be charged for a search, certification, certificate,
35 certified copy or certified transcript of a record to be used for school
36 entrance, employment certificate or for purposes of public relief or
37 when required by the veterans administration to be used in determining
38 the eligibility of any person to participate in the benefits made avail-
39 able by the veterans administration or when required by a board of
40 elections for the purposes of determining voter eligibility or when
41 requested by the department of [correctional services] corrections and
42 community supervision or a local correctional facility as defined in
43 subdivision sixteen of section two of the correction law for the purpose
44 of providing a certified copy or certified transcript of birth to an
45 inmate in anticipation of such inmate's release from custody or when
46 requested by the office of children and family services or an authorized
47 agency for the purpose of providing a certified copy or certified tran-
48 script of birth to a youth placed in the custody of the local commis-
49 sioner of social services or the custody of the office of children and
50 family services pursuant to article three of the family court act in
51 anticipation of such youth's discharge from placement.
52 § 133. Section 4179 of the public health law, as amended by section 7
53 part OO of chapter 56 of the laws of 2010, is amended to read as
54 follows:
55 § 4179. Vital records; fees; city of New York. Notwithstanding the
56 provisions of paragraph one of subdivision a of section 207.13 of the
S. 2812--C 182 A. 4012--C
1 health code of the city of New York, the department of health shall
2 charge, and the applicant shall pay, for a search of two consecutive
3 calendar years under one name and the issuance of a certificate of
4 birth, death or termination of pregnancy, or a certification of birth or
5 death, or a certification that the record cannot be found, a fee of
6 fifteen dollars for each copy. Provided, however, that no such fee shall
7 be charged when the department of [correctional services] corrections
8 and community supervision or a local correctional facility as defined in
9 subdivision sixteen of section two of the correction law requests a
10 certificate of birth or certification of birth for the purpose of
11 providing such certificate of birth or certification of birth to an
12 inmate in anticipation of such inmate's release from custody or when the
13 office of children and family services or an authorized agency requests
14 a certified copy or certified transcript of birth for a youth placed in
15 the custody of the local commissioner of social services or the custody
16 of the office of children and family services pursuant to article three
17 of the family court act for the purpose of providing such certified copy
18 or certified transcript of birth to such youth in anticipation of
19 discharge from placement.
20 § 134. Paragraph (l) of subdivision 1 of section 2782 of the public
21 health law, as added by chapter 584 of the laws of 1988, is amended to
22 read as follows:
23 (l) an employee or agent of the [division of parole] department of
24 corrections and community supervision, in accordance with paragraph (a)
25 of subdivision two of section twenty-seven hundred eighty-six of this
26 article, to the extent the employee or agent is authorized to access
27 records containing such information in order to carry out the [divi-
28 sion's] department's functions, powers and duties with respect to the
29 protected individual, pursuant to section two hundred fifty-nine-a of
30 the executive law;
31 § 135. Subdivision 8 of section 92 of the public officers law, as
32 separately amended by section 40 of part A and section 2 of part A1 of
33 chapter 56 and by chapter 491 of the laws of 2010, is amended to read as
34 follows:
35 (8) Public safety agency record. The term "public safety agency
36 record" means a record of the state commission of correction, the tempo-
37 rary state commission of investigation, the department of [correctional
38 services] corrections and community supervision, the office of children
39 and family services, [the division of parole,] the office of victim
40 services, the office of probation and correctional alternatives or the
41 division of state police or of any agency or component thereof whose
42 primary function is the enforcement of civil or criminal statutes if
43 such record pertains to investigation, law enforcement, confinement of
44 persons in correctional facilities or supervision of persons pursuant to
45 criminal conviction or court order, and any records maintained by the
46 division of criminal justice services pursuant to sections eight hundred
47 thirty-seven, eight hundred thirty-seven-a, eight hundred thirty-sev-
48 en-b, eight hundred thirty-seven-c, eight hundred thirty-eight, eight
49 hundred thirty-nine, and eight hundred forty-five of the executive law
50 and by the department of state pursuant to section ninety-nine of the
51 executive law.
52 § 136. Section 18 of the railroad law, as amended by chapter 840 of
53 the laws of 1984, is amended to read as follows:
54 § 18. Railroads through public lands. The commissioner of general
55 services may grant to any domestic or foreign railroad corporation land
56 belonging to the people of the state, except the reservation at Niagara
S. 2812--C 183 A. 4012--C
1 and the Concourse lands on Coney Island, which may be required for the
2 purposes of its road on such terms as may be agreed upon by them; or a
3 domestic railroad corporation may acquire title thereto by condemnation;
4 and the county or town officers having charge of any land belonging to
5 any county or town, required for a domestic railroad corporation for the
6 purposes of its road, may grant such land to the corporation for such
7 compensation as may be agreed upon. In case the land or any right,
8 interest or easement therein, required by a domestic or foreign railroad
9 corporation is used for prison purposes the commissioner of general
10 services may grant such land, or any right, interest or easement there-
11 in, provided the plans of such railroad corporation for the use of such
12 prison lands, or such right, interest or easement therein, have the
13 approval of the commissioner of [correctional services] corrections and
14 community supervision.
15 § 137. Subdivision 3 and 4 of section 88 of the railroad law, as
16 amended by chapter 247 of the laws of 1964, are amended to read as
17 follows:
18 3. The corporation, express company or steamboat company making any
19 such application shall cause the fingerprints of each proposed appointee
20 to be taken [by a police agency] in the form and manner prescribed by
21 the division of criminal justice services and [shall cause] one set of
22 such fingerprints [to] shall be forwarded to the division of [identifi-
23 cation, New York state department of correction, at Albany, New York]
24 criminal justice services, and one set [of such fingerprints to be
25 forwarded to the identification division,] to the federal bureau of
26 investigation[, United States department of justice, at Washington,
27 D. C., with the request that such]. Such fingerprints shall be searched
28 by each agency against the fingerprint records in its files and be
29 retained in the files of such agencies [and the further request that
30 reports of the results of such searches shall be transmitted to the
31 superintendent of state police].
32 4. Reports of the results of such searches [of the fingerprint records
33 of the department of correction and of the department of justice] shall
34 be reviewed by the superintendent of state police prior to granting an
35 appointment[,] to determine whether a proposed appointee is thereby
36 shown to have been convicted of a crime in the state of New York or of
37 any offense in any other place which if committed in the state of New
38 York would have been a crime and no person who is determined by such
39 review to have been so convicted shall receive an appointment under this
40 section.
41 § 138. Subdivision a of section 63-a of the retirement and social
42 security law, as added by chapter 722 of the laws of 1996, is amended to
43 read as follows:
44 a. Any member in the uniformed personnel in institutions under the
45 jurisdiction of the department of [correctional services] corrections
46 and community supervision or a security hospital treatment assistant, as
47 those terms are defined in subdivision i of section eighty-nine of this
48 article, who becomes physically or mentally incapacitated for the
49 performance of duties as the natural and proximate result of an injury,
50 sustained in the performance or discharge of his or her duties by, or as
51 the natural and proximate result of an act of any inmate or any person
52 confined in an institution under the jurisdiction of the department of
53 [correctional services] corrections and community supervision or office
54 of mental health, or by any person who has been committed to such insti-
55 tution by any court shall be paid a performance of duty disability
56 retirement allowance equal to that which is provided in section sixty-
S. 2812--C 184 A. 4012--C
1 three of this title, subject to the provisions of section sixty-four of
2 this title.
3 § 139. Section 89 of the retirement and social security law, as
4 amended by chapter 578 of the laws of 1989, subdivision i as amended by
5 chapter 499 of the laws of 2006, is amended to read as follows:
6 § 89. Retirement of members in the uniformed personnel in institutions
7 under the jurisdiction of the department of [correctional services]
8 corrections and community supervision or who are security hospital
9 treatment assistants; new plan. a. Any member in the uniformed personnel
10 in institutions under the jurisdiction of the department of [correction-
11 al services] corrections and community supervision, as hereinafter
12 defined, who enters or re-enters service on or after the effective date
13 of this section, or who is a security hospital treatment assistant who
14 enters or reenters service on or after the effective date of the amend-
15 ment permitting security hospital treatment assistants to be covered by
16 this section, shall contribute on the basis provided for by this
17 section.
18 b. Any member in the uniformed personnel in institutions under the
19 jurisdiction of the department of [correctional services] corrections
20 and community supervision, as hereinafter defined, who entered such
21 service prior to the effective date of this section may, on or before
22 September first, nineteen hundred sixty-six, elect to come under the
23 provisions of this section. Such election shall be in writing and shall
24 be duly executed and filed with the comptroller.
25 c. Any member in the uniformed personnel in institutions under the
26 jurisdiction of the department of [correctional services] corrections
27 and community supervision, as hereinafter defined, who entered such
28 service prior to the effective date of this section, may, on or before
29 December thirty-first, nineteen hundred sixty-six, elect to come under
30 the provisions of this section. Such election shall be in writing and
31 shall be duly executed and filed with the comptroller. Any such member
32 who has made an election as set forth herein on or before December thir-
33 ty-first, nineteen hundred sixty-five, shall be permitted to withdraw
34 the same and in like manner make a new election on or before December
35 thirty-first, nineteen hundred sixty-six.
36 d. A member who elects or is required to contribute in accordance with
37 this section shall contribute, in lieu of the proportion of compensation
38 as provided in section twenty-one of this article, a proportion of his
39 or her compensation similarly determined. Such latter proportion shall
40 be computed to provide at the time when he or she shall first become
41 eligible for retirement under this section, an annuity equal to one-one
42 hundredth of his or her final average salary for each year of service as
43 a member rendered after May first, nineteen hundred sixty-five, and
44 prior to the attainment of the age when he or she shall first become
45 eligible for retirement. Such member's rate of contribution pursuant to
46 this section shall be appropriately reduced pursuant to section seven-
47 ty-a of this article for such period of time as his or her employer
48 contributes pursuant to such section toward pensions-providing-for-in-
49 creased-take-home pay. No such member shall be required to continue
50 contributions after completing twenty-five years of such service.
51 e. A member contributing on the basis of this section at the time of
52 retirement, shall be entitled to retire after the completion of twenty-
53 five years of total creditable service as defined in subdivision i of
54 this section, or upon the attainment of age sixty, by filing an applica-
55 tion therefor in a manner similar to that provided in section seventy of
S. 2812--C 185 A. 4012--C
1 this article. He or she thereupon shall receive, on retirement a retire-
2 ment allowance consisting of:
3 1. An annuity, which shall be the actuarial equivalent of his or her
4 accumulated contributions at the time of his or her retirement, plus,
5 2. A pension which, together with such annuity and a pension which is
6 the actuarial equivalent of the reserves for-increased-take-home pay to
7 which he or she may then be entitled, if any, shall equal one-fiftieth
8 of his or her final average salary for each year of creditable service
9 in the uniformed personnel in institutions under the jurisdiction of the
10 department of [correctional services] corrections and community super-
11 vision or for each year of creditable service as a security hospital
12 treatment assistant under the jurisdiction of the office of mental
13 health, as hereinafter defined. This pension shall not exceed the
14 amount needed to make the total amount of the benefits provided under
15 paragraphs one and two of this subdivision e equal to one-half of his or
16 her final average salary.
17 3. An additional pension equal to the pension for any creditable
18 service rendered while not in the uniformed personnel in institutions
19 under the jurisdiction of the department of [correctional services]
20 corrections and community supervision and rendered while not serving as
21 a security hospital treatment assistant under the jurisdiction of the
22 office of mental health, as hereinafter defined, as provided under para-
23 graphs two and three of subdivision a of section seventy-five of this
24 article. This pension shall:
25 (a) Be payable only if such member has attained age sixty at the time
26 of retirement and has not completed twenty-five years of service for
27 which he receives credits under this article, and
28 (b) Not increase the total allowance to more than one-half of his or
29 her final average salary.
30 For the purpose only of determining the amount of the pension provided
31 herein, the annuity shall be computed as it would be:
32 (aa) if not reduced by the actuarial equivalent of any outstanding
33 loan, and
34 (bb) if not increased by the actuarial equivalent of any additional
35 contributions, and
36 (cc) if not reduced by reason of the member's election to decrease his
37 or her annuity contributions to the retirement system in order to apply
38 the amount of such reduction in payment of his contributions for old-age
39 and survivors insurance coverage.
40 f. The increased pensions to members of the uniformed personnel in
41 institutions under the jurisdiction of the department of [correctional
42 services] corrections and community supervision or to members who are
43 security hospital treatment assistants under the jurisdiction of the
44 office of mental health, as provided by this section, shall be paid from
45 additional contributions made by the state on account of such member.
46 The actuary of the retirement system shall compute the additional
47 contribution of each member who elects to receive the special benefits
48 provided under this section. Such additional contributions shall be
49 computed on the basis of contributions during the prospective service of
50 such member which will cover the liability of the retirement system for
51 such extra pensions.
52 g. In computing the twenty-five years of completed service of a member
53 in the uniformed personnel in institutions under the jurisdiction of the
54 department of [correctional services] corrections and community super-
55 vision or of a member who is a security hospital treatment assistant
56 under the jurisdiction of the office of mental health, as hereinafter
S. 2812--C 186 A. 4012--C
1 defined, full credit shall be given and full allowance shall be made for
2 service of such member in war after world war 1 as defined in section
3 two of this chapter, provided such member at the time of his or her
4 entrance into the armed forces was in state service.
5 h. The provisions of this section shall be controlling notwithstanding
6 any provision in this article to the contrary.
7 i. As used in this section, "uniformed persons" or "uniformed person-
8 nel" in institutions under the jurisdiction of the department of
9 [correctional services] corrections and community supervision or "secu-
10 rity hospital treatment assistants" under the jurisdiction of the office
11 of mental health mean officers or employees holding the titles herein-
12 after set forth in institutions under the jurisdiction of the department
13 of [correctional services] corrections and community supervision or
14 under the jurisdiction of the office of mental health, namely:
15 correction officers, prison guards, correction sergeants, correction
16 lieutenants, correction captains, deputy assistant superintendent or
17 warden, deputy warden or deputy superintendent, superintendents and
18 wardens, assistant director and director of correction reception center,
19 director of correctional program, assistant director of correctional
20 program, director of community correctional center, community correc-
21 tional center assistant, correction hospital officers, male or female,
22 correction hospital senior officers, correction hospital charge officer,
23 correction hospital supervising officer, correction hospital security
24 supervisor, correction hospital chief officer, correction youth camp
25 officer, correction youth camp supervisor, assistant supervisor, correc-
26 tional camp superintendent, assistant correctional camp superintendent,
27 director of crisis intervention unit, assistant director of crisis
28 intervention unit, security hospital treatment assistants, security
29 hospital treatment assistants (Spanish speaking), security hospital
30 senior treatment assistants, security hospital supervising treatment
31 assistants and security hospital treatment chiefs. Previous service
32 rendered under the titles by which such positions were formerly desig-
33 nated and previous service rendered as a narcotic addiction control
34 commission officer shall constitute creditable service. Notwithstanding
35 any provision of law to the contrary, any employee of the department of
36 [correctional services] corrections and community supervision who became
37 enrolled under this section by reason of employment as a uniformed
38 person in an institution under the jurisdiction of the department of
39 [correctional services] corrections and community supervision shall be
40 entitled to full retirement credit for, and full allowance shall be made
41 under this section for the service of such employee, not to exceed
42 twelve years, while assigned to the training academy or central office,
43 in the following titles, namely: correction officer, correction
44 sergeant, correction lieutenant, correction captain, correctional
45 services investigator, senior correctional services employee investi-
46 gator, correctional services fire and safety coordinator, director of
47 special housing and inmate disciplinary program, assistant director of
48 special housing and inmate disciplinary program, assistant chief of
49 investigations, director of CERT operations, correctional facility oper-
50 ations specialist, director of security staffing project, correctional
51 security technical services specialist, assistant commissioner and depu-
52 ty commissioner.
53 j. Notwithstanding any provisions of subdivision a, b or i of this
54 section to the contrary, a member who is in the collective negotiating
55 unit designated as the security services unit and established pursuant
56 to article fourteen of the civil service law and who has elected or is
S. 2812--C 187 A. 4012--C
1 required to contribute in accordance with this section may, on or before
2 March thirty-first, nineteen hundred seventy-three, elect to come under
3 the provisions of section seventy-five-h of this article. Such election
4 shall be duly executed and filed with the comptroller.
5 k. Any member who, on or before the effective date of this provision,
6 is a security hospital treatment assistant under the jurisdiction of the
7 office of mental health may, by filing an election within one year after
8 the effective date of this provision, elect to be subject to the
9 provisions of this section. Such election shall be in writing, shall be
10 duly executed and filed with the comptroller and shall be irrevocable.
11 § 140. Section 89-n of the retirement and social security law, as
12 added by chapter 573 of the laws of 1991, is amended to read as follows:
13 § 89-n. Computation of twenty-five years of service; correction offi-
14 cers. a. Notwithstanding any inconsistent provision of law, in computing
15 twenty-five years of completed service by correction officers in all
16 counties, full credit shall be given and full allowance shall be made
17 for service of such member as a correction officer employed by the city
18 of New York, as a uniformed employee in an institution under the juris-
19 diction of the department of [correctional services] corrections and
20 community supervision, as a security hospital assistant under the juris-
21 diction of the office of mental health, or as a correction officer in
22 any county in which he or she was eligible to retire after twenty-five
23 years of total creditable service.
24 b. Notwithstanding any inconsistent provision of law, in computing
25 twenty-five years of completed service by state correction officers,
26 full credit shall be given and full allowance shall be made for service
27 of such members as a correction officer employed by the city of New York
28 as a uniformed employee in an institution under the jurisdiction of the
29 department of [correctional services] corrections and community super-
30 vision, as a security hospital assistant under the jurisdiction of the
31 office of mental health, or as a correction officer in any county in
32 which he or she was eligible to retire after twenty-five years of total
33 creditable service.
34 § 141. Subdivision a of section 444 of the retirement and social secu-
35 rity law, as amended by chapter 625 of the laws of 2007, is amended to
36 read as follows:
37 a. Except as provided in subdivision c of section four hundred forty-
38 five-a of this article, subdivision c of section four hundred forty-
39 five-b of this article, subdivision c of section four hundred forty-
40 five-c of this article, subdivision c of section four hundred
41 forty-five-d of this article as added by chapter four hundred seventy-
42 two of the laws of nineteen hundred ninety-five, subdivision c of
43 section four hundred forty-five-e of this article, subdivision c of
44 section four hundred forty-five-f of this article and subdivision c of
45 section four hundred forty-five-h of this article, the maximum retire-
46 ment benefit computed without optional modification provided to a member
47 of a retirement system who is subject to the provisions of this article,
48 other than a police officer, a firefighter, an investigator member of
49 the New York city employees' retirement system, a member of the
50 uniformed personnel in institutions under the jurisdiction of the New
51 York city department of correction who receives a performance of duty
52 disability retirement allowance, a member of the uniformed personnel in
53 institutions under the jurisdiction of the department of [correctional
54 services] corrections and community supervision or a security hospital
55 treatment assistant, as those terms are defined in subdivision i of
56 section eighty-nine of this chapter, who receives a performance of duty
S. 2812--C 188 A. 4012--C
1 disability retirement allowance, a member of a teachers' retirement
2 system, New York city employees' retirement system, New York city board
3 of education retirement system or a member of the New York state and
4 local employees' retirement system or a member of the New York city
5 employees' retirement system or New York city board of education retire-
6 ment system employed as a special officer, parking control specialist,
7 school safety agent, campus peace officer, taxi and limousine inspector
8 or a police communications member and who receives a performance of duty
9 disability pension, from funds other than those based on a member's own
10 or increased-take-home-pay contributions, shall, before any reduction
11 for early retirement, be sixty per centum of the first fifteen thousand
12 three hundred dollars of final average salary, and fifty per centum of
13 final average salary in excess of fifteen thousand three hundred
14 dollars, and forty per centum of final average salary in excess of twen-
15 ty-seven thousand three hundred dollars, provided, however, that the
16 benefits provided by subdivision c of section four hundred forty-five-d
17 of this article as added by chapter four hundred seventy-two of the laws
18 of nineteen hundred ninety-five based upon the additional member
19 contributions required by subdivision d of such section four hundred
20 forty-five-d shall be subject to the maximum retirement benefit computa-
21 tions set forth in this section. The maximum retirement benefit computed
22 without optional modification payable to a police officer, an investi-
23 gator member of the New York city employees' retirement system or a
24 firefighter shall equal that payable upon completion of thirty years of
25 service, except that the maximum service retirement benefit computed
26 without optional modification shall equal that payable upon completion
27 of thirty-two years of service.
28 § 142. Section 450 of the retirement and social security law, as
29 amended by chapter 489 of the laws of 1998, is amended to read as
30 follows:
31 § 450. Definitions. For the purposes of this article: (1) the term
32 "correction officer" shall mean members of the New York state and local
33 employees' retirement system who are in a plan limited to uniformed
34 personnel in institutions under the jurisdiction of the department of
35 [correctional services] corrections and community supervision or members
36 of such system who are also in titles defined in subdivision i of
37 section eighty-nine of this chapter and correction members of the New
38 York city employees' retirement system; (2) the term "police officer or
39 firefighter" shall mean members of the New York state and local police
40 and fire retirement system, the New York city police pension fund, New
41 York city fire department pension fund, and housing police members and
42 transit police members of the New York city employees' retirement
43 system; (3) the term "sanitation man" shall mean sanitation members of
44 the New York city employees' retirement system; and (4) the term "inves-
45 tigator member" shall mean members who are police officers as defined in
46 paragraph (g) of subdivision thirty-four of section 1.20 of the criminal
47 procedure law.
48 § 143. Subdivision c of section 503 of the retirement and social secu-
49 rity law, as amended by chapter 622 of the laws of 2004, is amended to
50 read as follows:
51 c. A general member shall be eligible for early service retirement at
52 age fifty-five with five years of credited service. A general member in
53 the uniformed correction force of the New York city department of
54 correction, who is not eligible for early service retirement pursuant to
55 subdivision c of section five hundred four-a of this article or subdivi-
56 sion c of section five hundred four-b of this article or subdivision c
S. 2812--C 189 A. 4012--C
1 of section five hundred four-d of this article, or a general member in
2 the uniformed personnel in institutions under the jurisdiction of the
3 department of [correctional services] corrections and community super-
4 vision, as defined in subdivision i of section eighty-nine of this chap-
5 ter or serving in institutions who is also in a title defined in such
6 subdivision and who has made an election pursuant to the provisions of
7 article seventeen of this chapter, shall also be eligible for early
8 service retirement after twenty-five years of credited service.
9 § 144. Subdivisions d and e of section 504 of the retirement and
10 social security law, subdivision d as amended by chapter 622 of the laws
11 of 2004, and subdivision e as amended by chapter 578 of the laws of
12 1989, is amended to read as follows:
13 d. The early service retirement benefit for general members in the
14 uniformed correction force of the New York city department of
15 correction, who are not entitled to an early service retirement benefit
16 pursuant to subdivision c of section five hundred four-a of this article
17 or subdivision c of section five hundred four-b of this article or
18 subdivision c of section five hundred four-d of this article, or for
19 general members in the uniformed personnel in institutions under the
20 jurisdiction of the department of [correctional services] corrections
21 and community supervision, as defined in subdivision i of section eight-
22 y-nine of this chapter, shall be a pension equal to one-fiftieth of
23 final average salary times years of credited service at the completion
24 of twenty-five years of service, but not in excess of fifty percent of
25 final average salary.
26 e. The early service retirement benefit for uniformed personnel in
27 institutions under the jurisdiction of the department of [correctional
28 services] corrections and community supervision, as defined in subdivi-
29 sion i of section eighty-nine of this chapter, or who are in titles
30 defined in subdivision i of section eighty-nine of this chapter and who
31 have made an election pursuant to the provisions of article seventeen of
32 this chapter, shall be a pension equal to one-fiftieth of final average
33 salary times years of credited service at the completion of twenty-five
34 years of service, but not in excess of fifty percent of final average
35 salary.
36 § 145. The opening paragraph of subdivision a of section 507-a of the
37 retirement and social security law, as amended by chapter 578 of the
38 laws of 1989, is amended to read as follows:
39 Application for a disability retirement allowance for a member in the
40 uniformed personnel in institutions under the jurisdiction of the
41 department of [correctional services] corrections and community super-
42 vision of New York state as defined in subdivision i of section eighty-
43 nine of this chapter or for a member serving in institutions who is also
44 in a title defined in such subdivision and who has made an election
45 pursuant to the provisions of article seventeen of this chapter or the
46 New York city department of correction may be made by:
47 § 146. Subdivision a of section 507-b of the retirement and social
48 security law, as added by chapter 722 of the laws of 1996, is amended to
49 read as follows:
50 a. Any member in the uniformed personnel in institutions under the
51 jurisdiction of the department of [correctional services] corrections
52 and community supervision or a security hospital treatment assistant, as
53 those terms are defined in subdivision i of section eighty-nine of this
54 chapter, who becomes physically or mentally incapacitated for the
55 performance of duties as the natural and proximate result of an injury,
56 sustained in the performance or discharge of his or her duties by, or as
S. 2812--C 190 A. 4012--C
1 a natural and proximate result of, an act of any inmate or any person
2 confined in an institution under the jurisdiction of the department of
3 [correctional services] corrections and community supervision or office
4 of mental health, or by any person who has been committed to such insti-
5 tution by any court shall be paid a performance of duty disability
6 retirement allowance equal to that which is provided in section sixty-
7 three of this chapter, subject to the provisions of section sixty-four
8 of this chapter.
9 § 147. Subdivision f of section 511 of the retirement and social secu-
10 rity law, as amended by chapter 667 of the laws of 1996, is amended to
11 read as follows:
12 f. This section shall not apply to general members in the uniformed
13 correction force of the New York city department of correction or to
14 uniformed personnel in institutions under the jurisdiction of the
15 department of [correctional services] corrections and community super-
16 vision and security hospital treatment assistants, as those terms are
17 defined in subdivision i of section eighty-nine of this chapter.
18 § 148. Subdivisions b and d of section 516 of the retirement and
19 social security law, subdivision b as amended by chapter 174 of the laws
20 of 1989 and subdivision d as amended by chapter 622 of the laws of 2004,
21 is amended to read as follows:
22 b. The deferred vested benefit of general members, except for general
23 members in the uniformed correction force of the New York city depart-
24 ment of correction or uniformed personnel in institutions under the
25 jurisdiction of the department of [correctional services] corrections
26 and community supervision as defined in subdivision i of section eight-
27 y-nine of this chapter, with twenty or more years of credited service
28 shall be a pension commencing at normal retirement age equal to one-fif-
29 tieth of final average salary times years of credited service, not in
30 excess of thirty years, less fifty percent of the primary social securi-
31 ty retirement benefit, as provided in section five hundred eleven of
32 this article. The deferred vested benefit of general members, except for
33 general members in the uniformed correction force of the New York city
34 department of correction or uniformed personnel in institutions under
35 the jurisdiction of the department of [correctional services]
36 corrections and community supervision as defined in subdivision i of
37 section eighty-nine of this chapter, with less than twenty years of
38 credited service shall be a pension commencing at normal retirement age
39 equal to one-sixtieth of final average salary times years of credited
40 service, less fifty percent of the primary social security retirement
41 benefit, as provided in section five hundred eleven of this article.
42 Such deferred vested benefit may be paid in the form of an early service
43 retirement benefit, or may be postponed until after normal retirement
44 age, in which event the benefit will be subject to reduction or esca-
45 lation as provided in subdivision c of section five hundred four of this
46 article.
47 d. The deferred vested benefit of general members in the uniformed
48 correction force of the New York city department of correction, who are
49 not entitled to a deferred vested benefit under subdivision d of section
50 five hundred four-a of this article or under subdivision d of section
51 five hundred four-b of this article or under subdivision d of section
52 five hundred four-d of this article, or of general members in the
53 uniformed personnel in institutions under the jurisdiction of the
54 department of [correctional services] corrections and community super-
55 vision, as defined in subdivision i of section eighty-nine of this chap-
56 ter, with twenty or more years of credited service shall be a pension
S. 2812--C 191 A. 4012--C
1 commencing at normal retirement age equal to one-fiftieth of final aver-
2 age salary times years of credited service, not in excess of thirty
3 years. The deferred vested benefit of general members in the uniformed
4 correction force of the New York city department of correction, who are
5 not entitled to a deferred vested benefit under subdivision d of section
6 five hundred four-a of this article or under subdivision d of section
7 five hundred four-b of this article or under subdivision d of section
8 five hundred four-d of this article, or of general members in the
9 uniformed personnel in institutions under jurisdiction of the department
10 of [correctional services] corrections and community supervision, as
11 defined in subdivision i of section eighty-nine of this chapter, with
12 less than twenty years of credited service shall be a pension commencing
13 at normal retirement age equal to one-sixtieth of final average salary
14 times years of credited service. Such deferred vested benefit may be
15 paid in the form of an early service retirement benefit, or may be post-
16 poned until after normal retirement age, in which event the benefit will
17 be subject to reduction or escalation as provided in subdivision c of
18 section five hundred four of this article.
19 § 149. Paragraph 2 of subdivision a of section 600 of the retirement
20 and social security law, as amended by chapter 421 of the laws of 2006,
21 is amended to read as follows:
22 2. (a) Members in the uniformed personnel in institutions under the
23 jurisdiction of the department of [correctional services] corrections
24 and community supervision of New York state, other than certain persons
25 as defined in this section or the New York city department of
26 correction.
27 (b) For purposes of this paragraph, certain persons means either:
28 (i) a person who is appointed to the title of superintendent, who has
29 had at least seven years of service credited toward the retirement plan
30 established pursuant to this article while employed by the department of
31 [correctional services] corrections and community supervision and who
32 elects the retirement plan established pursuant to this article within
33 ninety days of his or her appointment. Such election shall be in writ-
34 ing, shall be duly executed and filed with the comptroller and shall be
35 irrevocable as long as such person is in the title of superintendent; or
36 (ii) a person who serves in the title of superintendent as of April
37 first, two thousand six, who has had at least seven years of service
38 credited toward the retirement plan established pursuant to this article
39 while employed by the department of [correctional services] corrections
40 and community supervision and who elects the retirement plan established
41 pursuant to this article on or before September thirtieth, two thousand
42 six. Such election shall be in writing, shall be duly executed and filed
43 with the comptroller and shall be irrevocable as long as such person is
44 in the title of superintendent.
45 (c) Any person in the title of superintendent who is eligible to make
46 an election as described in this section but who does not make such
47 election, shall remain a member of the retirement plan that persons
48 appointed to the title of superintendent join who do not meet the above
49 criteria.
50 § 150. Subdivision 8 of section 20 of the social services law, as
51 added by chapter 568 of the laws of 2008, is amended to read as follows:
52 8. (a) The office of temporary and disability assistance shall promul-
53 gate rules and regulations for the administration of this subdivision.
54 The rules and regulations shall provide for the conditions under which
55 local social services officials determine the placement of applicants
56 for and recipients of public assistance for whom a notice pursuant to
S. 2812--C 192 A. 4012--C
1 [subdivision sixteen of] section two hundred [fifty-nine-c] three of the
2 [executive] correction law, has been received and who are:
3 (i) determined to be in immediate need of shelter; and
4 (ii) designated a level two or level three sex offender pursuant to
5 article six-C of the correction law.
6 (b) When making determinations in regard to the placement of such
7 individuals in shelter, local social services officials shall consider
8 the following factors:
9 (i) the location of other sex offenders required to register pursuant
10 to the sex offender registration act, specifically whether there is a
11 concentration of registered sex offenders in a certain residential area
12 or municipality;
13 (ii) the number of registered sex offenders residing at a particular
14 property;
15 (iii) proximity of the entities with vulnerable populations;
16 (iv) accessibility to family members, friends or other supportive
17 services, including but not limited to locally available sex offender
18 treatment programs with preference for placement of such individuals
19 into programs that have demonstrated effectiveness in reducing sex
20 offender recidivism and increasing public safety; and
21 (v) investigation and approval of such placement by the [state divi-
22 sion of parole] department of corrections and community supervision.
23 § 151. Paragraph (g) of subdivision 5 of section 62 of the social
24 services law, as added by chapter 55 of the laws of 1992, is amended to
25 read as follows:
26 (g) (1) When a person applies for medical parole, and is in need of
27 public assistance, including medical assistance, the department of
28 [correctional services] corrections and community supervision shall
29 cause an application for such assistance to be forwarded to the depart-
30 ment of social services.
31 (2) Upon receipt of an application for public assistance, including
32 medical assistance, forwarded by the [state] department of [correctional
33 services] corrections and community supervision for persons meeting the
34 conditions of medical parole, financial eligibility for such assistance
35 and care shall be determined by the New York state department of social
36 services prior to the person's parole.
37 (3) Determination of continuing eligibility for public assistance,
38 including medical assistance, and care will be the responsibility of the
39 social services district into which such person is released.
40 (4) Any inconsistent provision of this chapter or other law notwith-
41 standing, when a person is released on medical parole pursuant to
42 section two hundred fifty-nine-r or two hundred fifty-nine-s of the
43 executive law and is in need of public assistance, including medical
44 assistance, the social services district in which such person was
45 convicted and from which he or she was committed to the custody of the
46 [state] department of [correctional services] corrections and community
47 supervision shall be responsible for the administrative costs of the
48 initial and any subsequent eligibility determination and the costs of
49 any public assistance, including medical assistance, following such
50 persons release on medical parole for so long as such person is eligible
51 therefor.
52 § 152. Subdivision 14 of section 131 of the social services law, as
53 added by section 11 of part B of chapter 436 of the laws of 1997, is
54 amended to read as follows:
55 14. (a) Notwithstanding any provision of this chapter or other law to
56 the contrary, no public assistance shall be given to any individual who
S. 2812--C 193 A. 4012--C
1 is (i) fleeing to avoid prosecution or custody or conviction under the
2 laws of the place from which the individual flees for a crime, or an
3 attempt to commit a crime, which is a felony under the laws of the place
4 from which the individual flees or which, in the case of the state of
5 New Jersey, is a high misdemeanor under the laws of such state or (ii)
6 violating a condition of probation or parole imposed under federal or
7 state law.
8 (b) For purposes of this section, if and to the extent permitted by
9 federal law, a person shall be considered to be violating a condition of
10 probation or parole only if:
11 (i) he or she is currently an absconder from probation or parole
12 supervision and a warrant alleging such a violation is outstanding; or
13 (ii) he or she has been found by judicial determination to have
14 violated probation or by administrative adjudication by the [division of
15 parole] department of corrections and community supervision to have
16 violated parole.
17 Such person shall be considered to be violating a condition of
18 probation or parole only until he or she is restored to probation or
19 parole supervision or released from custody, or until the expiration of
20 the person's maximum period of imprisonment or supervision, whichever
21 occurs first.
22 (c) A person considered to be violating a condition of probation or
23 parole under this section shall include a person who is violating a
24 condition of probation or parole imposed under federal law.
25 (d) For purposes of this section, probation or parole shall include
26 conditional release, wherever applicable.
27 § 153. Subparagraph (k) of paragraph (A) of subdivision 4 of section
28 422 of the social services law, as amended by chapter 12 of the laws of
29 1996, is amended to read as follows:
30 (k) a probation service conducting an investigation pursuant to arti-
31 cle three or seven or section six hundred fifty-three of the family
32 court act where there is reason to suspect the child or the child's
33 sibling may have been abused or maltreated and such child or sibling,
34 parent, guardian or other person legally responsible for the child is a
35 person named in an indicated report of child abuse or maltreatment and
36 that such information is necessary for the making of a determination or
37 recommendation to the court; or a probation service regarding a person
38 about whom it is conducting an investigation pursuant to article three
39 hundred ninety of the criminal procedure law, or a probation service or
40 the [state division of parole] department of corrections and community
41 supervision regarding a person to whom the service or [division] depart-
42 ment is providing supervision pursuant to article sixty of the penal law
43 or [section two hundred fifty-nine-a of the executive law] article eight
44 of the correction law, where the subject of investigation or supervision
45 has been convicted of a felony under article one hundred twenty, one
46 hundred twenty-five or one hundred thirty-five of the penal law or any
47 felony or misdemeanor under article one hundred thirty, two hundred
48 thirty-five, two hundred forty-five, two hundred sixty or two hundred
49 sixty-three of the penal law, or has been indicted for any such felony
50 and, as a result, has been convicted of a crime under the penal law,
51 where the service or [division] department requests the information upon
52 a certification that such information is necessary to conduct its inves-
53 tigation, that there is reasonable cause to believe that the subject of
54 an investigation is the subject of an indicated report and that there is
55 reasonable cause to believe that such records are necessary to the
56 investigation by the probation service or the [state division of parole]
S. 2812--C 194 A. 4012--C
1 department, provided, however, that only indicated reports shall be
2 furnished pursuant to this subdivision;
3 § 154. Subdivision 11 of section 460-d of the social services law, as
4 amended by section 42 of part B of chapter 58 of the laws of 2004, is
5 amended to read as follows:
6 11. On or before issuance by the department to an adult care facility
7 operator of official written notice of: the proposed revocation, suspen-
8 sion or denial of the operator's operating certificate; the limitation
9 of the operating certificate with respect to new admissions; the issu-
10 ance of a department order or commissioner's order; the seeking of equi-
11 table relief pursuant to this section; the proposed assessment of civil
12 penalties for violations of the provisions of subparagraph two of para-
13 graph (b) of subdivision seven of this section or placement on the "do
14 not refer list" pursuant to subdivision fifteen of this section, written
15 notice also shall be given to the appropriate office of the department
16 of mental hygiene, department of [correctional services, state division
17 of parole] corrections and community supervision and local social
18 services districts, and provided further that the department of health
19 shall notify hospitals in the locality in which such facility is located
20 that such notice has been issued. Upon resolution of such enforcement
21 action the department shall notify the appropriate office of the depart-
22 ment of mental hygiene, department of [correctional services, state
23 division of parole] corrections and community supervision, local social
24 services districts and hospitals.
25 § 155. Subdivision 1 of section 102 of the state administrative proce-
26 dure act, as amended by chapter 635 of the laws of 1995, is amended to
27 read as follows:
28 1. "Agency" means any department, board, bureau, commission, division,
29 office, council, committee or officer of the state, or a public benefit
30 corporation or public authority at least one of whose members is
31 appointed by the governor, authorized by law to make rules or to make
32 final decisions in adjudicatory proceedings but shall not include the
33 governor, agencies in the legislative and judicial branches, agencies
34 created by interstate compact or international agreement, the division
35 of military and naval affairs to the extent it exercises its responsi-
36 bility for military and naval affairs, the division of state police, the
37 identification and intelligence unit of the division of criminal justice
38 services, the state insurance fund, the unemployment insurance appeal
39 board, and except for purposes of subdivision one of section two hundred
40 two-d of this chapter, the workers' compensation board and except for
41 purposes of article two of this chapter, the [state division of parole
42 and the] department of [correctional services] corrections and community
43 supervision.
44 § 156. Subdivision 12 of section 8 of the state finance law, as sepa-
45 rately amended by chapters 305 and 477 of the laws of 1985, is amended
46 to read as follows:
47 12. Notwithstanding any inconsistent provision of the court of claims
48 act, examine, audit and certify for payment any claim submitted and
49 approved by the head of any institution in the department of mental
50 hygiene, the department of [correctional services] corrections and
51 community supervision, the department of health or the [division for
52 youth] office of children and family services for personal property
53 damaged or destroyed by any inmate thereof, or for personal property of
54 an employee damaged or destroyed without fault on his part, by a fire in
55 said institution; or any claim submitted and approved by the head of any
56 institution in the department of mental hygiene or the [division for
S. 2812--C 195 A. 4012--C
1 youth] office of children and family services for real or personal prop-
2 erty damaged or destroyed or for personal injuries caused by any patient
3 during thirty days from the date of his escape from such institution; or
4 any claim submitted and approved by the [chairman of the board of
5 parole] commissioner of the department of corrections and community
6 supervision for personal property of an employee damaged or destroyed
7 without fault on his part as a result of actions unique to the perform-
8 ance of his official duties in accordance with rules and regulations
9 promulgated by the [chairman] commissioner of the department of
10 corrections and community supervision with the approval of the comp-
11 troller; or any claim submitted and approved by the chief administrator
12 of the courts for personal property of any judge or justice of the
13 unified court system or of any nonjudicial officer or employee thereof
14 damaged or destroyed, without fault on his part, by any party, witness,
15 juror or bystander to court proceedings, provided no such claim may be
16 certified for payment to a nonjudicial officer or employee who is in a
17 collective negotiating unit until the chief administrator shall deliver
18 to the comptroller a certificate that there is in effect with respect to
19 such negotiating unit a written collective bargaining agreement with the
20 state pursuant to article fourteen of the civil service law which
21 provides therefor; or any claim submitted and approved by the super-
22 intendent of state police for personal property of a member of the state
23 police damaged or destroyed without fault on his part as a result of
24 actions unique to the performance of police duties in accordance with
25 rules and regulations promulgated by the superintendent with the
26 approval of the comptroller; or any claim submitted and approved by the
27 head of a state department or agency having employees in the security
28 services unit or the security supervisors unit for personal property of
29 a member of such units damaged or destroyed without fault on his part as
30 a result of actions unique to the performance of law enforcement duties
31 in accordance with rules and regulations promulgated by the department
32 or agency head, after consultation with the employee organization
33 representing such units and with the approval of the comptroller and
34 payment of any such claim shall not exceed the sum of three hundred
35 fifty dollars. Where an agreement between the state and an employee
36 organization reached pursuant to the provisions of article fourteen of
37 the civil service law provides for payments to be made to employees by
38 an institution, such payments for claims not in excess of seventy-five
39 dollars, or one hundred fifty dollars if otherwise provided in accord-
40 ance with the terms of such agreement, may be made from a petty cash
41 account established pursuant to section one hundred fifteen of this
42 chapter, and in the manner prescribed therein.
43 § 157. Subdivision 12-g of section 8 of the state finance law, as
44 amended by section 37 of part A-1 of chapter 56 of the laws of 2010, is
45 amended to read as follows:
46 12-g. Notwithstanding any other provision of the court of claims act
47 or any other law to the contrary, thirty days before the comptroller
48 issues a check for payment to an inmate serving a sentence of imprison-
49 ment with the [state] department of [correctional services] corrections
50 and community supervision or to a prisoner confined at a local correc-
51 tional facility for any reason, including a payment made in satisfaction
52 of any damage award in connection with any lawsuit brought by or on
53 behalf of such inmate or prisoner against the state or any of its
54 employees in federal court or any other court, the comptroller shall
55 give written notice, if required pursuant to subdivision two of section
56 six hundred thirty-two-a of the executive law, to the office of victim
S. 2812--C 196 A. 4012--C
1 services that such payment shall be made thirty days after the date of
2 such notice.
3 § 158. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
4 the state finance law, as added by chapter 430 of the laws of 1997, is
5 amended to read as follows:
6 (4) Population excludes the reservation and school Indian population
7 and inmates of [state] institutions under the direction, supervision or
8 control of the state department of [correctional services] corrections
9 and community supervision and the state department of mental hygiene and
10 the inmates of state institutions operated and maintained by the [state
11 division for youth] office of children and family services.
12 § 159. Subdivisions 3 and 4 of section 97-cc of the state finance law,
13 as added by chapter 338 of the laws of 1989, are amended to read as
14 follows:
15 3. Moneys within the rehabilitative alcohol and substance abuse treat-
16 ment fund, upon appropriation by the legislature, shall be available [to
17 the division of parole and] to the department of [correctional services]
18 corrections and community supervision for the operation of alcohol and
19 substance abuse treatment facilities, alcohol and substance abuse
20 correctional annexes and residential treatment facilities, including,
21 but not limited to, the payment of private sector treatment providers
22 and for providing alcohol and substance abuse treatment services to
23 persons under the supervision of the [division] department of
24 corrections and community supervision.
25 4. Moneys, shall be payable from the fund on the audit and warrant of
26 the comptroller on vouchers approved and certified by the commissioner
27 of [correctional services] corrections and community supervision.
28 § 160. Section 97-ooo of the state finance law, as added by section 10
29 of part B of chapter 57 of the laws of 1998, is amended to read as
30 follows:
31 § 97-ooo. [Division of parole] Department of corrections and communi-
32 ty supervision asset forfeiture account. 1. There is hereby established
33 in the joint custody of the state comptroller and the [division of
34 parole] department of corrections and community supervision a special
35 account within the miscellaneous special revenue fund to be known as the
36 [division of parole] department of corrections and community supervision
37 asset forfeiture account. Such account shall consist, subject to neces-
38 sary federal approval, of moneys received by the [division of parole]
39 department of corrections and community supervision through the equita-
40 ble sharing that is authorized in federal forfeiture actions.
41 2. The moneys of the account shall be available for purposes of devel-
42 oping additional resources such as, but not limited to, obtaining equip-
43 ment, establishing training programs, or accessing existing technology
44 or databases.
45 3. The [chairman of the board] commissioner of [parole] the department
46 of corrections and community supervision shall report to the commission-
47 er of the division of criminal justice services, the director of the
48 budget, the chairman of the senate finance committee and the chairman of
49 the assembly ways and means committee by October first, nineteen hundred
50 ninety-eight and every six months thereafter, on the source and amounts
51 of moneys in the account. Such report shall describe the amount of
52 moneys received by the federal government and the [division of parole]
53 department of corrections and community supervision from the joint
54 activities of the [division] department and federal law enforcement
55 agencies, the law enforcement activities which led to such forfeiture
56 and the value of the assets so seized.
S. 2812--C 197 A. 4012--C
1 4. The moneys of such account shall be made available on the audit and
2 warrant of the comptroller on vouchers certified or approved by the
3 [chairman] commissioner of the [board of parole] department of
4 corrections and community supervision.
5 § 161. Paragraphs (a) and (b) of subdivision 3 of section 99-m of the
6 state finance law, as added by section 2 of part E of chapter 56 of the
7 laws of 2005, are amended to read as follows:
8 (a) An individual or entity ("administrator"), appointed by the gover-
9 nor in consultation with the temporary president of the senate, the
10 speaker of the assembly, and representatives of eligible claimants,
11 shall develop the compensation payment plan. Such administrator shall
12 not be entitled to salary or remuneration for his/her services; however,
13 reasonable expenses directly connected to the conduct of the administra-
14 tor's duties shall be paid through the department of [correctional
15 services] corrections and community supervision.
16 (b) The administrator shall receive from each claimant an accounting
17 of the injuries suffered by the state employee victim during the course
18 of the Attica riots. The administrator shall determine and promulgate to
19 potential claimants through the department of [correctional services]
20 corrections and community supervision the means and dates by which said
21 accountings of injuries shall be submitted and determined. To the extent
22 any inconsistency or discrepancy in accounts of injuries suffered is
23 identified, the administrator may rely upon the assistance of the
24 report, research, and documentation regarding the Attica riots compiled
25 by the Attica task force created in March of two thousand one.
26 § 162. Section 125 of the state finance law, as amended by chapter 37
27 of the laws of 1962, is amended to read as follows:
28 § 125. Fiscal supervision of certain institutions. Notwithstanding
29 any other provision of law relative to the supervision and control by
30 departments of any of the institutions under the jurisdiction and
31 control of the [department of social welfare] office of temporary and
32 disability assistance, the department of health, the department of
33 mental hygiene and the department of [correction] corrections and commu-
34 nity supervision on the first day of January, nineteen hundred thirty-
35 nine and of any institution which shall hereafter be under the jurisdic-
36 tion of such departments, such department shall have the powers and
37 duties prescribed by this article with respect to such institution. This
38 section shall not impair or affect the powers of the commissioner of
39 general services under the provisions of article eleven of this chapter
40 with respect to estimates made pursuant to this section so far as they
41 constitute a requisition for material, equipment or supplies.
42 § 163. Subdivision 1 of section 128 of the state finance law, as
43 amended by chapter 471 of the laws of 1980, is amended to read as
44 follows:
45 1. Any personal property, and any interest or increments accruing
46 thereon, belonging or credited to a person in any institution under the
47 jurisdiction of the [department of social services] office of children
48 and family services, the department of health, the department of mental
49 hygiene, the executive department, or the department of [correctional
50 services] corrections and community supervision who shall have been
51 discharged from such institution or who shall have died or escaped
52 before discharge or before termination of sentence, which is in the
53 custody of the proper officer of such institution, shall, if unclaimed
54 by such discharged or escaped person or by the legal representative of
55 such deceased person for a period of six months after the discharge,
56 decease or escape of such person, be fully inventoried and a copy of
S. 2812--C 198 A. 4012--C
1 such inventory shall be filed with the commissioner of such department
2 having jurisdiction over such institution and with the state comp-
3 troller.
4 § 164. Paragraph a of subdivision 2, paragraphs a and b of subdivision
5 3, subparagraph (i) of paragraph a of subdivision 4, subdivision 5 and
6 paragraphs a and d of subdivision 6 of section 162 of the state finance
7 law, as added by chapter 83 of the laws of 1995 and paragraph a of
8 subdivision 2 as amended by chapter 501 of the laws of 2002, are amended
9 to read as follows:
10 a. Commodities produced by the [department of correctional services']
11 correctional industries program of the department of corrections and
12 community supervision and provided to the state pursuant to subdivision
13 two of section one hundred eighty-four of the correction law;
14 [fa] a. By December thirty-first, nineteen hundred ninety-five, the
15 commissioner, in consultation with the commissioners of [correctional
16 services] corrections and community supervision, [social services] the
17 office of children and family services, the office of temporary and
18 disability assistance, mental health and education, shall prepare a list
19 of all commodities and services that are available and are being
20 provided as of said date, for purchase by state agencies, public benefit
21 corporations or political subdivisions from those entities accorded
22 preference or priority status under this section. Such list may include
23 references to catalogs and other descriptive literature which are avail-
24 able directly from any provider accorded preferred status under this
25 section. The commissioner shall make this list available to prospective
26 vendors, state agencies, public benefit corporations, political subdivi-
27 sions and other interested parties. Thereafter, new or substantially
28 different commodities or services may only be made available by
29 preferred sources for purchase by more than one state agency, public
30 benefit corporation or political subdivision after addition to said
31 list.
32 b. After January first, nineteen hundred ninety-six, upon the applica-
33 tion of the commissioner of [correctional services] corrections and
34 community supervision, the commissioner of [social services] the office
35 of children and family services, the office of temporary and disability
36 assistance, the commissioner of mental health or the commissioner of
37 education, or a non-profit-making facilitating agency designated by one
38 of the said commissioners pursuant to paragraph e of subdivision six of
39 this section, the state procurement council may recommend that the
40 commissioner: (i) add commodities or services to, or (ii) in order to
41 insure that such list reflects current production and/or availability of
42 commodities and services, delete at the request of a preferred source,
43 commodities or services from, the list established by paragraph a of
44 this subdivision. The council may make a non-binding recommendation to
45 the relevant preferred source to delete a commodity or service from such
46 list. Additions may be made only for new services or commodities, or for
47 services or commodities that are substantially different from those
48 reflected on said list for that provider. The decision to recommend the
49 addition of services or commodities shall be based upon a review of
50 relevant factors as determined by the council including costs and bene-
51 fits to be derived from such addition and shall include an analysis by
52 the office of general services conducted pursuant to subdivision six of
53 this section. Unless the state procurement council shall make a recom-
54 mendation to the commissioner on any such application within one hundred
55 twenty days of receipt thereof, such application shall be deemed recom-
56 mended. In the event that the state procurement council shall deny any
S. 2812--C 199 A. 4012--C
1 such application, the commissioner or non-profit-making agency which
2 submitted such application may, within thirty days of such denial,
3 appeal such denial to the commissioner of general services who shall
4 review all materials submitted to the state procurement council with
5 respect to such application and who may request such further information
6 or material as is deemed necessary. Within sixty days of receipt of all
7 information or materials deemed necessary, the commissioner shall render
8 a written final decision on the application which shall be binding upon
9 the applicant and upon the state procurement council.
10 (i) When commodities are available, in the form, function and utility
11 required by a state agency, public authority, commission, public benefit
12 corporation or political subdivision, said commodities must be purchased
13 first from the [department of correctional services'] correctional
14 industries program of the department of corrections and community super-
15 vision;
16 5. Prices charged by the department of [correctional services]
17 corrections and community supervision. The prices to be charged for
18 commodities produced by the [department of correctional services']
19 correctional industries program of the department of corrections and
20 community supervision shall be established by the commissioner of
21 [correctional services] corrections and community supervision in accord-
22 ance with section one hundred eighty-six of the correction law.
23 a. The prices established by the commissioner of [correctional
24 services] corrections and community supervision shall be based upon
25 costs as determined pursuant to this subdivision, but shall not exceed a
26 reasonable fair market price determined at or within ninety days before
27 the time of sale. Fair market price as used herein means the price at
28 which a vendor of the same or similar product or service who is regular-
29 ly engaged in the business of selling such product or service offers to
30 sell such product or service under similar terms in the same market.
31 Costs shall be determined in accordance with an agreement between the
32 commissioner of [correctional services] corrections and community super-
33 vision and the director of the budget.
34 b. A purchaser of any such product or service may, at any time prior
35 to or within thirty days of the time of sale, appeal the purchase price
36 in accordance with section one hundred eighty-six of the correction law,
37 on the basis that it unreasonably exceeds fair market price. Such an
38 appeal shall be decided by a majority vote of a three-member price
39 review board consisting of the director of the budget, the commissioner
40 of [correctional services] corrections and community supervision and the
41 commissioner or their representatives. The decision of the review board
42 shall be final.
43 a. Except with respect to the [department of correctional services']
44 correctional industries program of the department of corrections and
45 community supervision, it shall be the duty of the commissioner to
46 determine, and from time to time review, the prices of all commodities
47 and to approve the price of all services provided by preferred sources
48 as specified in this section offered to state agencies, political subdi-
49 visions or public benefit corporations having their own purchasing
50 office.
51 d. Such qualified charitable non-profit-making agencies for the blind
52 and other severely disabled may make purchases of materials, equipment
53 and supplies [from the department of correctional services' correctional
54 industries program,] directly from the correctional industries program
55 administered by the commissioner of [correctional services] corrections
56 and community supervision, subject to such rules as may be established
S. 2812--C 200 A. 4012--C
1 from time to time pursuant to the correction law; provided that the
2 qualified charitable non-profit-making agency for the blind or other
3 severely disabled shall accept sole responsibility for any payment due
4 the department of [correctional services] corrections and community
5 supervision.
6 § 165. Subparagraph (viii) of paragraph a of subdivision 3 of section
7 163 of the state finance law, as added by chapter 83 of the laws of
8 1995, is amended to read as follows:
9 (viii) The commissioner may permit and prescribe the conditions for,
10 (A) any association, consortium or group of privately owned or munici-
11 pal, federal or state owned or operated hospitals, medical schools,
12 other health related facilities or voluntary ambulance services, which
13 have entered into a contract and made mutual arrangements for the joint
14 purchase of commodities pursuant to section twenty-eight hundred three-a
15 of the public health law; (B) any institution for the instruction of the
16 deaf or of the blind listed in section forty-two hundred one of the
17 education law; (C) any qualified non-profit-making agency for the blind
18 approved by the commissioner of [social services] the office of children
19 and family services or the office of temporary and disability
20 assistance; (D) any qualified charitable non-profit-making agency for
21 the severely disabled approved by the commissioner of education; (E) any
22 hospital or residential health care facility as defined in section twen-
23 ty-eight hundred one of the public health law; (F) any private not-for-
24 profit mental hygiene facility as defined in section 1.03 of the mental
25 hygiene law; and (G) any public authority or public benefit corporation
26 of the state, including the port authority of New York and New Jersey
27 and the interstate environmental commission, to make purchases using
28 centralized contracts for commodities. Such qualified non-profit-making
29 agencies for the blind and severely disabled may make purchases from the
30 [department of correctional services'] correctional industries program
31 of the department of corrections and community supervision subject to
32 rules pursuant to the correction law.
33 § 166. Section 401 of the state technology law, as added by section 1
34 of part E of chapter 1 of the laws of 2004, and as renumbered by chapter
35 741 of the laws of 2005, is amended to read as follows:
36 § 401. Statewide wireless network advisory council. There is hereby
37 established within the office for technology a statewide wireless
38 network advisory council. The advisory council shall consist of twenty-
39 seven members. The governor shall appoint two members and the temporary
40 president of the senate and the speaker of the assembly shall each
41 appoint four members. One of the governor's appointments and three of
42 the appointments of the temporary president of the senate and of the
43 speaker of the assembly shall be a member, officer, or employee of a
44 first responder organization that serves a municipal corporation. One
45 each of the appointments of the temporary president of the senate and of
46 the speaker of the assembly shall possess expertise in the field of
47 communications technology but no appointee shall be the owner, princi-
48 pal, or employee of an entity that has a contract with the state of New
49 York or that vends communications products to any state or local govern-
50 ment. An organization shall be considered a first responder organization
51 if it provides policing, firefighting, or emergency medical services, as
52 defined in subdivision eleven of section three hundred two of the
53 retirement and social security law, subdivision two of section one
54 hundred of the general municipal law, subdivisions one, two, three,
55 four, five, six, and seven of section three thousand one of the public
56 health law, and section six hundred fifty of the county law. In addi-
S. 2812--C 201 A. 4012--C
1 tion, the temporary president of the senate and the speaker of the
2 assembly shall each designate one member of their respective houses to
3 serve on the advisory council. Ex officio members of the council shall
4 be the director of the office of homeland security, the superintendent
5 of the state police, the director of the office for technology, the
6 commissioner of the department of health, the commissioner of the
7 department of [correctional services] corrections and community super-
8 vision, the commissioner of the department of transportation, the
9 commissioner of the department of environmental conservation, the chair-
10 person of the thruway authority, the state fire administrator of the
11 office of fire prevention and control, the chief judge of the state, the
12 commissioner of the division of criminal justice services, the chair-
13 person of the metropolitan transportation authority, a designee of the
14 law enforcement council and the designee of the mayor of the city of New
15 York, or their designees. The chief information officer of New York
16 state shall be the chair of the advisory council.
17 § 167. Section 2222-a of the surrogate's court procedure act, as
18 amended by section 45 of part A-1 of chapter 56 of the laws of 2010, is
19 amended to read as follows:
20 § 2222-a. Notice of legacy or distributive share payable to inmate or
21 prisoner
22 Where the legatee, distributee or beneficiary is an inmate serving a
23 sentence of imprisonment with the state department of [correctional
24 services] corrections and community supervision or a prisoner confined
25 at a local correctional facility, the court shall give prompt written
26 notice to the office of victim services, and at the same time direct
27 that no payment be made to such inmate or prisoner for a period of thir-
28 ty days following the date of entry of the order containing such direc-
29 tion.
30 § 168. Subdivision (d) of section 484 of the tax law, as added by
31 chapter 860 of the laws of 1987, is amended to read as follows:
32 (d) The provisions of this article shall not be applicable to any sale
33 as to which the tax imposed by section four hundred seventy-one of this
34 chapter is not applicable or to a sale to the department of [correction-
35 al services] corrections and community supervision of this state for
36 sale to or use by inmates in institutions under the jurisdiction of such
37 department.
38 § 169. Subdivision (c) of section 1846 of the tax law, as added by
39 chapter 65 of the laws of 1985, is amended to read as follows:
40 (c) In the alternative, if the tax commission concludes that any ciga-
41 rettes seized pursuant to this section, when offered at public sale,
42 will bring a price less than the reasonably estimated price which the
43 department of [correctional services] corrections and community super-
44 vision would have to pay for the purchase of such cigarettes for sale to
45 or use by inmates in institutions under the jurisdiction of such depart-
46 ment, the tax commission may dispose of such cigarettes by transferring
47 them to the department of [correctional services] corrections and commu-
48 nity supervision for sale to or use by inmates in such institutions.
49 § 170. Subdivision (c) of section 1846-a of the tax law, as added by
50 chapter 61 of the laws of 1989, is amended to read as follows:
51 (c) In the alternative, if the commissioner concludes that any tobacco
52 products seized pursuant to this section, when offered at public sale,
53 will bring a price less than the reasonably estimated price which the
54 department of [correctional services] corrections and community super-
55 vision would have to pay for the purchase of such tobacco products for
56 sale to or use by inmates in institutions under the jurisdiction of such
S. 2812--C 202 A. 4012--C
1 department, the commissioner may dispose of such tobacco products by
2 transferring them to the department of [correctional services]
3 corrections and community supervision for sale to or use by inmates in
4 such institutions.
5 § 171. Section 25-a of the town law, as added by chapter 295 of the
6 laws of 1949, is amended to read as follows:
7 § 25-a. Fingerprints of persons before appointment as town policemen,
8 or as constables possessing powers in criminal matters. No person shall
9 be appointed or reappointed a member of the police department, or a
10 special policeman, or a constable not limited to powers and duties in
11 civil actions and proceedings only, in any town, who shall not previous-
12 ly, for the purposes of this section, have submitted fingerprints [of
13 his two hands] in the form and manner prescribed by the division of
14 criminal justice services to the town board or other board or officer of
15 the town empowered by law to make such appointment or reappointment, and
16 it shall be the duty of such board or officer, before making such
17 appointment or reappointment, to compare or cause to be compared such
18 fingerprints with fingerprints filed with the division of criminal
19 [identification of the state department of correction] justice services;
20 provided, however, that in any case where the fingerprints of any such
21 person shall once have been submitted pursuant to this section and are
22 on file with the board empowered to make the appointment or reappoint-
23 ment, no new submission thereof shall be required, nor shall such board
24 be required to make or cause to be made such comparison if such compar-
25 ison shall have been made previously pursuant to this section and
26 certification thereof by such department is on file with such board.
27 § 172. Section 109-a of the vehicle and traffic law, as amended by
28 chapter 370 of the laws of 2000, is amended to read as follows:
29 § 109-a. Correction vehicle. Every vehicle operated in the city of New
30 York by the New York city department of correction or the New York state
31 department of [correctional services] corrections and community super-
32 vision while engaged in an emergency operation.
33 § 173. Subdivision 3 of section 10 of the workers' compensation law,
34 as amended by chapter 244 of the laws of 2002, is amended to read as
35 follows:
36 3. Notwithstanding any other provisions of this chapter, where a
37 public safety worker, including but not limited to a firefighter, emer-
38 gency medical technician, police officer, correction officer, civilian
39 employee of the department of corrections and community supervision or
40 other person employed by the state to work within a correctional facili-
41 ty maintained by the department of [correctional services] corrections
42 and community supervision, driver and medical observer, in the course of
43 performing his or her duties, is exposed to the blood or other bodily
44 fluids of another individual or individuals, the executive officer of
45 the appropriate ambulance, fire or police district may authorize such
46 public safety worker to obtain the care and treatment, including diagno-
47 sis, recommended medicine and other medical care needed to ascertain
48 whether such individual was exposed to or contracted any communicable
49 disease and such care and treatment shall be the responsibility of the
50 insurance carrier of the appropriate ambulance, fire or police district
51 or, if a public safety worker was not so exposed in the course of
52 performing his or her duties for such a district, then such person shall
53 be covered for the treatment provided for in this subdivision by the
54 carrier of his or her employer when such person is acting in the scope
55 of his or her employment. For the purpose of this subdivision, the term
56 "public safety worker" shall include persons who act for payment or who
S. 2812--C 203 A. 4012--C
1 act as volunteers in an organized group such as a rescue squad, police
2 department, correctional facility, ambulance corps, fire department, or
3 fire company.
4 § 174. This act shall take effect immediately, provided that:
5 1. the amendments to section 72-a of the correction law made by
6 section seven of this act shall not affect the expiration of such
7 section and shall expire and be deemed repealed therewith;
8 2. the amendments to section 91 of the correction law made by section
9 ten of this act shall take effect on the same date as the reversion of
10 such section as provided in section 8 of part H of chapter 56 of the
11 laws of 2009, as amended;
12 3. the amendments to section 92 of the correction law made by section
13 eleven of this act shall take effect on the same date as the reversion
14 of such section as provided in section 8 of part H of chapter 56 of the
15 laws of 2009, as amended;
16 4. the amendments to section 140-a of the correction law made by
17 section sixteen of this act shall not affect the repeal of such section
18 and shall be deemed repealed therewith;
19 5. the amendments to section 803 of the correction law made by section
20 thirty-seven of this act shall be subject to the expiration of such
21 section and shall expire and be deemed repealed therewith;
22 6. the amendments to section 803 of the correction law made by section
23 thirty-eight of this act shall take effect on the same date as the
24 reversion of such section as provided in section 74 of chapter 3 of the
25 laws of 1995, as amended;
26 7. the amendments to section 806 of the correction law made by section
27 forty of this act shall not affect the repeal of such section and shall
28 expire and be deemed repealed therewith;
29 8. the amendments to subdivision 1 of section 851 of the correction
30 law made by section forty-one of this act shall be subject to the expi-
31 ration and reversion of such subdivision pursuant to section 5 of chap-
32 ter 554 of the laws of 1986, as amended, when upon such date the
33 provisions of section forty-one-a of this act shall take effect;
34 9. the amendments to subdivision 1 of section 851 of the correction
35 law made by section forty-one-a of this act shall be subject to the
36 expiration and reversion of such subdivision pursuant to section 10 of
37 chapter 339 of the laws of 1972, as amended, when upon such date the
38 provisions of section forty-one-b of this act shall take effect;
39 10. the amendments to the closing paragraph of subdivision 2 of
40 section 851 of the correction law made by section forty-two of this act
41 shall be subject to the expiration and reversion of such subdivision
42 pursuant to section 46 of chapter 60 of the laws of 1994, as amended,
43 when upon such date the provisions of section forty-three of this act
44 shall take effect;
45 10-a. the amendments to subdivision 5 of section 851 of the correction
46 law made by section forty-three-a of this act shall take effect upon the
47 expirations of section 42 of chapter 60 of the laws of 1994, section 10
48 of chapter 339 of the laws of 1972 and section 3 of chapter 554 of laws
49 of 1986;
50 11. the amendments to subdivision 5 of section 852 of the correction
51 law made by section forty-four of this act shall not affect the expira-
52 tion and reversion of such section and shall expire and be deemed
53 repealed therewith;
54 12. the amendments to subdivision 2 of section 852 of the correction
55 law made by section forty-five of this act shall take effect on the same
S. 2812--C 204 A. 4012--C
1 date as the reversion of such section as provided in section 10 of chap-
2 ter 339 of the laws of 1972, as amended;
3 13. the amendments to subdivision 2 of section 856 of the correction
4 law made by section forty-six of this act shall take effect on the same
5 date as the reversion of section 856 as provided in section 10 of chap-
6 ter 339 of the laws of 1972, as amended;
7 14. the amendments to subdivision 6 of section 855 of the correction
8 law made by section forty-seven of this act shall be subject to the
9 expiration and reversion of such section pursuant to section 10 of chap-
10 ter 339 of the laws of 1972, as amended, when upon such date the
11 provisions of section forty-eight of this act shall take effect;
12 15. the amendments to subdivision (f) of section 1101 of the civil
13 practice law and rules made by section fifty-one of this act shall not
14 affect the expiration and reversion of such subdivision and shall expire
15 and be deemed repealed therewith;
16 16. the amendments to subdivisions 2 and 4 of section 209 of the civil
17 service law made by section sixty-four of this act shall not affect the
18 expiration of such subdivisions and shall expire and be deemed repealed
19 therewith;
20 17. the amendments to subdivision 9 of section 10 of the court of
21 claims act made by section sixty-seven of this act shall not affect the
22 expiration of such subdivision and shall expire and be deemed repealed
23 therewith;
24 18. the amendments to section 410.91 of the criminal procedure law
25 made by section seventy-six of this act shall not affect the repeal of
26 such section and shall expire and be deemed repealed therewith;
27 19. the amendments to subdivisions 2 and 4 of section 430.20 of the
28 criminal procedure law made by section seventy-seven of this act shall
29 be subject to the expiration and reversion of such subdivisions pursuant
30 to section 74 of chapter 3 of the laws of 1995, as amended, when upon
31 such date the provisions of section seventy-eight of this act shall take
32 effect;
33 20. the amendments to section 83-m of the legislative law made by
34 section one hundred eighteen of this act shall not affect the repeal of
35 such section and shall expire and be deemed repealed therewith;
36 21. the amendments to subdivision 7 of section 70.06 of the penal law
37 made by section one hundred twenty-three of this act shall not affect
38 the repeal of such subdivision and shall expire and be deemed repealed
39 therewith;
40 22. the amendments to subdivisions 1 and 3 of section 70.20 of the
41 penal law made by section one hundred twenty-four of this act shall be
42 subject to the expiration and reversion of such subdivisions pursuant to
43 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
44 date the provisions of section one hundred twenty-five of this act shall
45 take effect;
46 23. the amendments to the opening paragraph of subdivision 1 of
47 section 70.30 of the penal law made by section one hundred twenty-six of
48 this act shall be subject to the expiration and reversion of such para-
49 graph pursuant to section 74 of chapter 3 of the laws of 1995, as
50 amended, when upon such date the provisions of section one hundred twen-
51 ty-seven of this act shall take effect;
52 24. the amendments to subdivision 7 of section 70.30 of the penal law
53 made by section one hundred twenty-six of this act shall not affect the
54 expiration of such subdivision and shall expire and be deemed repealed
55 therewith;
S. 2812--C 205 A. 4012--C
1 25. the amendments to section 70.35 of the penal law made by section
2 one hundred twenty-seven-a of this act shall be subject to the expira-
3 tion and reversion of such section pursuant to section 74 of chapter 3
4 of the laws of 1995, as amended, when upon such date the provisions of
5 section one hundred twenty-seven-b of this act shall take effect;
6 26. the amendments to paragraph (a) of subdivision 1 of section 70.40
7 of the penal law made by section one hundred twenty-seven-c of this act
8 shall be subject to the expiration and reversion of such paragraph, when
9 upon such date the provisions of section one hundred twenty-seven-d of
10 this act shall take effect;
11 27. the amendments to paragraph (b) of subdivision 1 of section 70.40
12 of the penal law made by section one hundred twenty-seven-d-1 of this
13 act shall be subject to the expiration and reversion of such paragraph
14 pursuant to section 74 of chapter 3 of the laws of 1995, as amended,
15 when upon such date the provisions of section one hundred twenty-seven-e
16 of this act shall take effect;
17 28. the amendments to paragraph (c) of subdivision 1 of section 70.40
18 of the penal law made by section one hundred twenty-seven-f of this act
19 shall not affect the repeal of such paragraph and shall expire and be
20 deemed repealed therewith;
21 29. the amendments to subdivision 1 of section 85.15 of the penal law
22 made by section one hundred twenty-seven-1 of this act shall be subject
23 to the expiration and reversion of such subdivision pursuant to section
24 74 of chapter 3 of the laws of 1995, as amended, when upon such date the
25 provisions of section one hundred twenty-seven-m of this act shall take
26 effect;
27 30. the amendments to section 205.17 of the penal law made by section
28 one hundred twenty-seven-n of this act shall not affect the expiration
29 of such section and shall expire therewith;
30 31. the amendments to section 205.19 of the penal law made by section
31 one hundred twenty-seven-o of this act shall not affect the expiration
32 of such section and shall expire therewith;
33 32. the amendments to subdivision 26 of section 206 of the public
34 health law made by section one hundred twenty-seven-t of this act shall
35 take effect on the same date and in the same manner as section 2 of
36 chapter 419 of the laws of 2009 takes effect;
37 33. the amendments to section 99-m of the state finance law made by
38 section one hundred sixty-one of this act shall not affect the repeal of
39 such section and shall expire and be deemed repealed therewith; and
40 34. the amendments to section 163 of the state finance law made by
41 section one hundred sixty-five of this act shall not affect the repeal
42 of such section and shall expire and be deemed repealed therewith.
43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
44 sion, section or part of this act shall be adjudged by any court of
45 competent jurisdiction to be invalid, such judgment shall not affect,
46 impair, or invalidate the remainder thereof, but shall be confined in
47 its operation to the clause, sentence, paragraph, subdivision, section
48 or part thereof directly involved in the controversy in which such judg-
49 ment shall have been rendered. It is hereby declared to be the intent of
50 the legislature that this act would have been enacted even if such
51 invalid provisions had not been included herein.
52 § 3. This act shall take effect immediately provided, however, that
53 the applicable effective date of Subparts A and B of this act shall be
54 as specifically set forth in the last section of such Subparts.
55 PART D
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1 Section 1. The economic development law is amended by adding a new
2 article 18 to read as follows:
3 ARTICLE 18
4 DIVISION OF SCIENCE, TECHNOLOGY AND INNOVATION
5 Section 360. Division of science, technology and innovation.
6 § 360. Division of science, technology and innovation. 1. Economic
7 development efficiency. In order to promote economic development effi-
8 ciency in the state of New York, the transfer of powers, functions and
9 affairs of the New York state foundation for science, technology and
10 innovation is hereby authorized and there is hereby created within the
11 department the division of science, technology and innovation. Notwith-
12 standing the foregoing, the small business technology investment fund
13 and cash assets of the New York state foundation for science, technology
14 and innovation shall be transferred to the urban development corporation
15 pursuant to subdivision twelve of this section.
16 2. Transfer of powers of the New York state foundation for science,
17 technology and innovation. The functions and powers possessed by and all
18 of the obligations and duties of the New York state foundation for
19 science, technology and innovation, as established pursuant to article
20 ten-A of the public authorities law and article ten-B of the executive
21 law, with the exception of the small business technology investment fund
22 and cash assets of the New York state foundation for science, technology
23 and innovation shall be transferred and assigned to, and assumed by and
24 devolved upon, the department. Notwithstanding the foregoing, any
25 programs specified in law to be administered by the New York state foun-
26 dation for science, technology and innovation shall be administered by
27 the department only to the extent of available appropriations.
28 3. Abolition of the New York state foundation for science, technology
29 and innovation. Upon the transfer pursuant to subdivisions two and
30 twelve of this section of the functions and powers possessed by and all
31 of the obligations and duties of the New York state foundation for
32 science, technology and innovation, as established pursuant to article
33 ten-A of the public authorities law and article ten-B of the executive
34 law, the New York state foundation for science, technology and inno-
35 vation shall be abolished.
36 3-a. Notwithstanding any other provision of law, rule, or regulation
37 to the contrary, upon the transfer of functions from the New York state
38 foundation for science, technology and innovation pursuant to this
39 section, employees of the New York state foundation for science, tech-
40 nology and innovation, as determined by the commissioner in his or her
41 discretion, who are necessary to the continuation of the transferred
42 functions and substantially engaged in the performance of the trans-
43 ferred functions shall be transferred to the department. Employees
44 transferred pursuant to this section shall be transferred without
45 further examination or qualification and shall retain their respective
46 civil service classifications or the equivalent thereof.
47 4. Continuity of authority of the New York state foundation for
48 science, technology and innovation. Except as herein otherwise provided,
49 upon the transfer pursuant to subdivisions two and twelve of this
50 section of the functions and powers possessed by and all of the obli-
51 gations and duties of the New York state foundation for science, tech-
52 nology and innovation as established pursuant to such provisions of the
53 executive law and the public authorities law to the department as
54 prescribed by subdivision two of this section and to the urban develop-
55 ment corporation pursuant to subdivision twelve of this section for the
56 purpose of succession of all functions, powers, duties and obligations
S. 2812--C 207 A. 4012--C
1 of the New York state foundation for science, technology and innovation,
2 the department and the urban development corporation, as appropriate
3 shall be deemed to and be held to constitute the continuation of such
4 functions, powers, duties and obligations and not a different agency or
5 authority.
6 5. Transfer of records of the New York state foundation for science,
7 technology and innovation. Upon the transfer pursuant to subdivisions
8 two and twelve of this section of the functions and powers possessed by
9 and all of the obligations and duties of the New York state foundation
10 for science, technology and innovation as established pursuant to such
11 provisions of the executive law and the public authorities law to the
12 department as prescribed by subdivision two of this section and to the
13 urban development corporation pursuant to subdivision twelve of this
14 section, all books, papers, records and property pertaining to the New
15 York state foundation for science, technology and innovation shall be
16 transferred to and maintained by the department and the urban develop-
17 ment corporation, as appropriate.
18 6. Completion of unfinished business of the New York state foundation
19 for science, technology and innovation. Upon the transfer pursuant to
20 subdivisions two and twelve of this section of the functions and powers
21 possessed by and all of the obligations and duties of the New York state
22 foundation for science, technology and innovation as established pursu-
23 ant to such provisions of the executive law and the public authorities
24 law to the department as prescribed by subdivision two of this section
25 and to the urban development corporation pursuant to subdivision twelve
26 of this section, any business or other matter undertaken or commenced by
27 the New York state foundation for science, technology and innovation
28 pertaining to or connected with the functions, powers, obligations and
29 duties so transferred and assigned to the department may be conducted or
30 completed by the department and the urban development corporation, as
31 appropriate.
32 7. Terms occurring in laws, contracts or other documents of or
33 pertaining to the New York state foundation for science, technology and
34 innovation. Upon the transfer pursuant to subdivisions two and twelve of
35 this section of the functions and powers possessed by and all of the
36 obligations and duties of the New York state foundation for science,
37 technology and innovation as established pursuant to such provisions of
38 the executive law and the public authorities law, whenever the New York
39 state foundation for science, technology and innovation and the execu-
40 tive director thereof, the functions, powers, obligations and duties of
41 which are transferred to the department and the urban development corpo-
42 ration are referred to or designated in any law, contract or document
43 pertaining to the functions, powers, obligations and duties transferred
44 and assigned pursuant to this section, such reference or designation
45 shall be deemed to refer to the department and its commissioner or the
46 urban development corporation and its president and chief executive
47 officer, as appropriate, or his or her designee.
48 8. Existing rights and remedies of or pertaining to the New York state
49 foundation for science, technology and innovation preserved. Upon the
50 transfer pursuant to subdivisions two and twelve of this section of the
51 functions and powers possessed by and all of the obligations and duties
52 of the New York state foundation for science, technology and innovation
53 as established pursuant to the executive law and the public authorities
54 law to the department as prescribed by subdivision two of this section
55 and to the urban development corporation pursuant to subdivision twelve
56 of this section, no existing right or remedy of the state, including the
S. 2812--C 208 A. 4012--C
1 New York state foundation for science, technology and innovation, shall
2 be lost, impaired or affected by reason of this section.
3 9. Pending actions and proceedings of or pertaining to the New York
4 state foundation for science, technology and innovation. Upon the trans-
5 fer pursuant to subdivisions two and twelve of this section of the func-
6 tions and powers possessed by and all of the obligations and duties of
7 the New York state foundation for science, technology and innovation as
8 established pursuant to such provisions of the executive law and the
9 public authorities law transfer to the department as prescribed by
10 subdivision two of this section and to the urban development corporation
11 pursuant to subdivision twelve of this section, no action or proceeding
12 pending on the effective date of this section, brought by or against the
13 New York state foundation for science, technology and innovation or
14 executive director thereof shall be affected by any provision of this
15 section, but the same may be prosecuted or defended in the name of the
16 department or the urban development corporation, as appropriate. In all
17 such actions and proceedings, the department and the urban development
18 corporation, as appropriate, upon application to the court, shall be
19 substituted as a party.
20 10. Continuation of rules and regulations of or pertaining to the New
21 York state foundation for science, technology and innovation. Upon the
22 transfer pursuant to subdivisions two and twelve of this section of the
23 functions and powers possessed by and all the obligations and duties of
24 the New York state foundation for science, technology and innovation as
25 established pursuant to such provisions of the executive law and the
26 public authorities law transfer to the department as prescribed by
27 subdivision two of this section and to the urban development corporation
28 pursuant to subdivision twelve of this section, all rules, regulations,
29 acts, determinations and decisions of the New York state foundation for
30 science, technology and innovation, pertaining to the functions trans-
31 ferred and assigned by this section to the department and the urban
32 development corporation, as appropriate, in force at the time of such
33 transfer, assignment, assumption and devolution shall continue in force
34 and effect as rules, regulations, acts, determinations and decisions of
35 the department and the urban development corporation, as appropriate,
36 until duly modified or repealed.
37 11. Transfer of appropriations heretofore made to the New York state
38 foundation for science, technology and innovation. Upon the transfer
39 pursuant to subdivisions two and twelve of this section of the functions
40 and powers possessed by and all of the obligations and duties of the New
41 York state foundation for science, technology and innovation as estab-
42 lished pursuant to such provisions of the executive law and the public
43 authorities law to the department as prescribed by subdivision two of
44 this section and to the urban development corporation pursuant to subdi-
45 vision twelve of this section, all appropriations and reappropriations
46 which shall have been made available as of the date of such transfer to
47 the New York state foundation for science, technology and innovation or
48 segregated pursuant to law, to the extent of remaining unexpended or
49 unencumbered balances thereof, whether allocated or unallocated and
50 whether obligated or unobligated, shall be transferred to and made
51 available for use and expenditure by the department or the urban devel-
52 opment corporation as deemed appropriate by the commissioner and shall
53 be payable on vouchers certified or approved by the commissioner of
54 taxation and finance, on audit and warrant of the comptroller. Payments
55 of liabilities for expenses of personal services, maintenance and opera-
56 tion which shall have been incurred as of the date of such transfer by
S. 2812--C 209 A. 4012--C
1 the New York state foundation for science, technology and innovation,
2 and for liabilities incurred and to be incurred in completing its
3 affairs shall also be made on vouchers certified or approved by the
4 commissioner, on audit and warrant of the comptroller.
5 12. Transfer of certain assets and liabilities. Upon the transfer
6 pursuant to subdivision two of this section of the functions and powers
7 possessed by and all the obligations and duties of the New York state
8 foundation for science, technology and innovation, as established pursu-
9 ant to article ten-A of the public authorities law and article ten-B of
10 the executive law as prescribed by subdivision two of this section, all
11 cash assets of the New York state foundation for science, technology and
12 innovation, and all assets, records, and liabilities of the small busi-
13 ness technology investment fund (SBTIF) established pursuant to appro-
14 priations made by various chapters of the law including, but not limited
15 to chapter fifty-three of the laws of nineteen hundred eighty-one, chap-
16 ter fifty-three of the laws of nineteen hundred eighty-five, chapter
17 fifty-three of the laws of nineteen hundred eighty-six, chapter fifty-
18 three of the laws of nineteen hundred eighty-seven, chapter fifty-three
19 of the laws of nineteen hundred eighty-eight, chapter fifty-three of the
20 laws of nineteen hundred eighty-nine, chapter fifty-three of the laws of
21 nineteen hundred ninety, chapter fifty-three of the laws of nineteen
22 hundred ninety-one, chapter fifty-three of the laws of nineteen hundred
23 ninety-two, chapter fifty-three of the laws of nineteen hundred ninety-
24 three, chapter fifty-three of the laws of nineteen hundred ninety-four,
25 and chapter fifty-three of the laws of nineteen hundred ninety-five
26 shall be transferred to the urban development corporation.
27 13. Severability. If any clause, sentence, paragraph or part of this
28 section shall be adjudged by any court of competent jurisdiction to be
29 invalid, such judgment shall not affect, impair or invalidate the
30 remainder thereof, but shall be confined in its operation to the clause,
31 sentence, paragraph or part thereof directly involved in the controversy
32 in which such judgment shall have been rendered.
33 § 2. Sections 3151 and 3152 of the public authorities law are
34 REPEALED.
35 § 3. This act shall take effect May 1, 2011.
36 PART E
37 Section 1. The executive law is amended by adding a new article 3-A
38 to read as follows:
39 ARTICLE 3-A
40 EXECUTIVE REORGANIZATION ACT OF 2011
41 Section 33. Short title.
42 34. Duty of governor to examine agencies; legislative purpose.
43 35. Definitions.
44 36. Findings by governor; issuance of reorganization plan.
45 37. Contents of reorganization plan.
46 38. Provisions not to be included in a reorganization plan.
47 39. Effective date of reorganization plan.
48 39-a. Effect on actions or proceedings.
49 39-b. Severability.
50 § 33. Short title. This article shall be known and may be cited as
51 the "executive reorganization act of 2011".
52 § 34. Duty of governor to examine agencies; legislative purpose. 1.
53 The governor, from time to time, shall examine the organization of all
S. 2812--C 210 A. 4012--C
1 agencies and shall determine what changes therein are necessary to
2 accomplish one or more of the following purposes:
3 (a) to promote the better execution of the laws, the more effective
4 management of the government and of its agencies and functions, and the
5 expeditious administration of public business;
6 (b) to reduce expenditures and promote economy to the fullest extent
7 consistent with the efficient operation of the government;
8 (c) to increase the efficiency of the operations of the government to
9 the fullest extent practicable;
10 (d) to group, consolidate, coordinate and merge agencies and functions
11 of the government;
12 (e) to reduce the number of agencies by consolidating those having
13 similar functions, and to abolish such agencies or functions thereof as
14 may not be necessary for the efficient conduct of the government; and
15 (f) to eliminate overlap and duplication of effort.
16 2. The legislature declares that the public interest is best served by
17 fulfilling the purposes set forth in this section and that such purposes
18 may be accomplished more speedily and effectively under this article.
19 § 35. Definitions. As used in this article, the following terms shall
20 have the following meanings:
21 1. "Agency" means:
22 (a) Any administrative unit of state government, including, but not
23 limited to, any agency, board, bureau, commission, department, division,
24 institution, office, state public authority, state task force, or other
25 body, or parts thereof, however designated, whether or not it receives
26 legislative appropriations, but does not include any entity whose prima-
27 ry function is service to the legislative or judicial branches of state
28 government, the department of law, the department of audit and control
29 or the board of regents;
30 (b) Any office or officer in any agency, except the department of law
31 and department of audit and control; and
32 (c) Any state public authority or public benefit corporation created
33 by or existing under any state law, or parts thereof, however desig-
34 nated, with one or more of its members appointed by the governor or who
35 serve as members by virtue of holding a civil office of the state, other
36 than an interstate or international authority or public benefit corpo-
37 ration, including any subsidiaries of such public authority or public
38 benefit corporation.
39 Provided that "agency" shall not include any department, board,
40 bureau, commission, division, office, council, committee or officer of a
41 municipality or a local industrial development agency or local public
42 authority or local public benefit corporation as that term is defined in
43 section sixty-six of the general construction law.
44 2. "Assembly" means the New York state assembly.
45 3. "Function" means any activity, assignment, duty, power, responsi-
46 bility, right, set of operations or other activity.
47 4. "Governor" means the governor of the state of New York.
48 5. "Legislature" means the legislature of the state of New York.
49 6. "Officer" means every officer appointed by one or more state offi-
50 cers, or by the legislature, and authorized to exercise their official
51 functions throughout the entire state, or without limitation to any
52 political subdivision of the state, and is not limited to persons
53 receiving compensation for their services.
54 7. "Regulation or other action" means any regulation, rule, order,
55 policy, determination, directive, authorization, permit, privilege,
56 requirement, designation, or other action.
S. 2812--C 211 A. 4012--C
1 8. "Reorganization" or "reorganize" means:
2 (a) The transfer of the whole or any part of any agency, or of the
3 whole or any part of the functions thereof, to the jurisdiction and
4 control of any other agency;
5 (b) The abolition of all or any part of the functions of any agency;
6 (c) The consolidation, coordination or merger of the whole or any
7 part of any agency, or of the whole or any part of the functions there-
8 of, with the whole or any part of any other agency or the functions
9 thereof;
10 (d) The consolidation, coordination or merger, of any part of any
11 agency or the functions thereof with any other part of the same agency
12 or the functions thereof;
13 (e) The authorization of any non-elective officer to delegate any of
14 their functions;
15 (f) The abolition of the whole or any part of any agency which does
16 not have, or upon the taking effect of reorganization will not have, any
17 functions; or
18 (g) The establishment of a new agency to perform the whole or any part
19 of the functions of any existing agency or agencies.
20 9. "Reorganization plan" or "plan" shall mean the bill prepared by the
21 governor, and submitted to the legislature as a program bill, that
22 contains terms and information regarding the reorganization of one or
23 more agencies pursuant to this article which, when enacted, shall accom-
24 plish such reorganization.
25 10. "Senate" means the New York state senate.
26 § 36. Findings by governor; issuance of reorganization plan. 1. When-
27 ever the governor finds it in the public interest, he or she may reor-
28 ganize one or more agencies.
29 2. Nothing in this article shall prohibit or limit the authority of
30 the governor or legislature to implement or enact a reorganization plan
31 pursuant to any other lawful process.
32 § 37. Contents of reorganization plan. 1. A reorganization plan
33 shall:
34 (a) set forth as findings in such plan, a description of the nature
35 and purposes of the reorganization, together with an explanation of the
36 advantages that will result from its implementation, including:
37 (i) anticipated savings and costs associated with each significant
38 modification of any agency functions or operations;
39 (ii) the productivity gains measured in numbers of full-time employees
40 and the types of positions, if any, that may be created or eliminated as
41 a result of the reorganization plan;
42 (iii) estimated improvements and other impacts, including fiscal and
43 service impacts, on programs or services recipients, if the reorganiza-
44 tion plan is adopted; and
45 (iv) estimated long-term projected fiscal impact of the reorganization
46 plan;
47 (b) specify with respect to each function that is either abolished or
48 merged with another function included in the plan the statutory authori-
49 ty for the exercise of the function;
50 (c) provide for the uninterrupted conduct of the governmental services
51 and functions affected by but not absorbed by the plan;
52 (d) provide for the transfer, assumption or other disposition of the
53 records, property, and personnel affected by a reorganization, further
54 provided, should any employees be transferred from one agency to anoth-
55 er, that such transfer will be without further examination or qualifica-
56 tion and such employees shall retain their respective civil service
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1 classifications, status and collective bargaining unit designations and
2 be governed by applicable collective bargaining agreements;
3 (e) provide for terminating the affairs of an agency abolished;
4 (f) set forth every law and chapter that will be directly impacted
5 pursuant to the reorganization plan;
6 (g) provide for the transfer of such unexpended balances of appropri-
7 ations and reappropriation of remaining expended or unexpended funds
8 whether allocated or unallocated and whether obligated or unobligated,
9 available for use in connection with a function or agency affected by a
10 reorganization, as necessary by reason of the reorganization for use in
11 connection with the functions affected by the reorganization, or for the
12 use of the agency which shall have the functions after the reorganiza-
13 tion plan is effective. However, the unexpended balances so transferred
14 may be used only for the purposes for which the appropriation was
15 originally made. Such reorganization plan may not contain appropri-
16 ations for a reorganized agency. Any such appropriation as may be needed
17 may only be considered pursuant to a single appropriation in legislation
18 outside of the reorganization plan or in the executive budget submitted
19 in the fiscal year following the enactment of the reorganization plan;
20 (h) provide that no existing right or remedy shall be lost, impaired
21 or affected by any reorganization plan;
22 (i) provide that no action or proceeding pending at any time when such
23 reorganization plan takes effect, brought by or against any agency which
24 is subject to such plan, shall be affected by any provision of the plan,
25 but the same may be prosecuted or defended in the name of such agency.
26 In all such actions and proceedings, if an agency is eliminated and its
27 functions and responsibilities are transferred, then the head of the
28 surviving agency, upon application of the court, shall be substituted as
29 a party;
30 (j) describe in detail:
31 (i) other actions, if any, necessary to plan to complete the reorgan-
32 ization;
33 (ii) the anticipated nature and substance of any orders, directives,
34 and other administrative and operational actions which are expected to
35 be required for completing or implementing the reorganization; and
36 (iii) any preliminary actions which have been taken in the implementa-
37 tion process;
38 (k) provide a projected timetable for completion of the implementation
39 process; and
40 (l) include provisions for the appointment and compensation of the
41 head and one or more officers of an agency (including an agency result-
42 ing from a consolidation or other type of reorganization) if the gover-
43 nor finds and declares that by reason of a reorganization made by the
44 plan the provisions are in the public interest. The agency head may be
45 an individual or may be a commission or board with more than one member.
46 In any case, the term of office may not be fixed for a period in excess
47 of the term remaining to be served by the then governor, the pay may not
48 be at a rate in excess of that found by the governor to be applicable to
49 comparable officers in the state government, and, if the appointment is
50 not to a position in the competitive service, it shall be made by the
51 commissioner or other chief executive officer, board or commission of
52 the agency affected. If the reorganization plan creates a new agency
53 that includes the function of an agency whose head was confirmed with
54 the advice and consent of the senate, or substantially modifies the
55 functions of an existing agency whose head was confirmed with the advice
56 and consent of the senate, then the head or heads of such new or modi-
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1 fied agency shall be appointed with the advice and consent of the
2 senate.
3 2. A reorganization plan may change the name of an agency affected by
4 a reorganization and the title of its head, and shall designate the name
5 of an agency resulting from a reorganization and the title of its head.
6 § 38. Provisions not to be included in a reorganization plan. 1. No
7 reorganization plan shall provide for, and no reorganization under this
8 article shall have the effect of:
9 (a) abolishing or modifying any agency or entity created or estab-
10 lished by the New York state constitution, including without limitation,
11 the board of regents, legislature, judiciary, comptroller and attorney
12 general, or abolishing or modifying any agency or entity administered by
13 such constitutionally established agency or entity that is not subject
14 to direct gubernatorial control, or abolishing or transferring to or
15 from the jurisdiction and control of any such agency any function
16 conferred by the New York state constitution on an agency authorized by
17 such constitution, or affecting or changing any implementing statutes
18 related to such agencies or entities;
19 (b) abolishing any function required by federal law or interstate
20 compacts;
21 (c) violating any covenant with bondholders; or
22 (d) abolishing statutorily prescribed functions, provided that such
23 functions may be assigned to a different agency than the one to which
24 they were originally assigned by the statute.
25 2. No reorganization plan shall have the effect of limiting in any way
26 the validity of any statute enacted, or any regulation or other action
27 made, prescribed, issued, granted or performed in respect to or by any
28 agency before the effective date of the plan except to the extent that
29 the plan specifically so provides nor shall such plan have the effect of
30 limiting or altering the advice and consent powers of the senate.
31 § 39. Effective date of reorganization plan. 1. A reorganization plan
32 shall be voted on by each house of the legislature, without amendment as
33 submitted by the governor, within thirty days after such submission.
34 The governor may submit only one such plan annually and may amend that
35 plan one time within such thirty day period. Both houses of the legisla-
36 ture shall then have thirty days from the submission of such amendment
37 to vote on the amended reorganization plan. Without the consent of both
38 houses of the legislature, neither a plan nor an amendment may be
39 submitted by the governor after the thirtieth day of May in any year.
40 2. Under provisions contained in a reorganization plan, a provision of
41 the plan may be effective at a time later than the date on which the
42 plan otherwise is effective.
43 § 39-a. Effect on actions or proceedings. This article shall not
44 affect actions or proceedings, civil or criminal, brought by or against
45 any agency or officer, the functions, powers and duties of which have
46 been transferred or abolished pursuant to this article; nor shall any
47 reorganization affect any order or recommendation made by, or other
48 matters or proceedings before, any agency or officer, the functions,
49 powers and duties of which have been transferred or abolished pursuant
50 to a reorganization plan under this article.
51 § 39-b. Severability. If any clause, sentence, paragraph, subdivi-
52 sion, section or part of this article shall be adjudged by any court of
53 competent jurisdiction to be invalid, such judgment shall not affect,
54 impair, or invalidate the remainder thereof, but shall be confined in
55 its operation to the clause, sentence, paragraph, subdivision, section
56 or part thereof directly involved in the controversy in which such judg-
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1 ment shall have been rendered. It is hereby declared to be the intent of
2 the legislature that this article would have been enacted even if such
3 invalid provisions had not been included in this section.
4 § 2. The legislative law is amended by adding a new section 54-b to
5 read as follows:
6 § 54-b. Reorganization plan. The legislature may by concurrent resol-
7 ution prescribe rules for the consideration and disposition of a reor-
8 ganization plan, as defined in article three-A of the executive law.
9 § 3. This act shall take effect immediately and shall be deemed
10 repealed May 31, 2014.
11 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
12 sion, section or part of this act shall be adjudged by any court of
13 competent jurisdiction to be invalid, such judgment shall not affect,
14 impair, or invalidate the remainder thereof, but shall be confined in
15 its operation to the clause, sentence, paragraph, subdivision, section
16 or part thereof directly involved in the controversy in which such judg-
17 ment shall have been rendered. It is hereby declared to be the intent of
18 the legislature that this act would have been enacted even if such
19 invalid provisions had not been included herein.
20 § 3. This act shall take effect immediately provided, however, that
21 the applicable effective date of Parts A through E of this act shall be
22 as specifically set forth in the last section of such Parts.
