NY State Senate Bill 2009-S279

Senate Bill S279

2009-2010 Legislative Session

Requires the commissioner of correctional services to provide notice at least 24 months prior to a correctional facility closure to certain groups and persons

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 07, 2009	referred to crime victims, crime and correction

2009-S279 (ACTIVE) - Details

See Assembly Version of this Bill:: A6348
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§79-a & 79-b, Cor L
Versions Introduced in 2011-2012 Legislative Session:: S1500

2009-S279 (ACTIVE) - Summary

Requires the commissioner of correctional services to provide notice by certified mail, at least 24 months prior to a correctional facility's closure, to certain local governments, employee labor organizations and employees employed within such correctional facility.

2009-S279 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S279

 TITLE OF BILL :

An act to amend the correction law, in relation to the closure of
correctional facilities


 PURPOSE :

To require the commissioner of corrections to provide notice to
certain groups and persons at least 24 months prior to a correctional
facility closing, and to report on an adaptive reuse plan for the
facility at the time of such notice.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 3 of section 79a of the correction law to
provide that the commissioner must give notice of a planned
correctional facility closing to local governments, labor
organizations and certain managerial employees at least 24 months
prior to such closure.

Section 2 amends section 79-b of the correction law to require that
the commissioner provide a report on an adaptive reuse plan for the
correctional facility at the time of providing notice of closure.

Section 3 provides that the act shall take effect immediately and
shall apply to any notice pursuant to subdivision 3 of section 79-a of
the correction law that is provided on or after January 1, 2008.

 JUSTIFICATION :

Under current law, the commissioner of corrections must give notice of
a correctional facility closure a mere 12 months prior to such
closure, and must provide for a plan of adaptive reuse of the facility
only 6 months prior to the closure. When correctional facilities are
planned for closure, as we are now seeing at Hudson Correctional
Facility and Mount McGregor, the short time periods for notice and
development of an adaptive reuse plan wreak havoc on corrections
employees, their families, their communities and the local economies.
For the employees and their families, more time is needed to
re-organize lives and re-locate to new communities. For local
communities affected by the closures, more time is needed to adjust to
the loss of jobs, families and, in some cases, a significant part of
the tax base.

 LEGISLATIVE HISTORY :

2008: S.7467 Passed Senate; A.10361 T. Gordon Correction

 FISCAL IMPLICATIONS :

Undetermined at this time.

 EFFECTIVE DATE :
Immediately upon becoming law, with retroactive effect to January 1,
2009.

2009-S279 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   279

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  correction  law,  in relation to the closure of
  correctional facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of section 79-a of the correction law, as
amended by section 2 of part D of chapter 63 of the  laws  of  2005,  is
amended to read as follows:
  3.  provide  notice  by certified mail to (i) all local governments of
any political subdivision in which the correctional facility is located,
(ii) all employee labor organizations operating within, or  representing
employees of, the correctional facility, and (iii) managerial and confi-
dential  employees  employed  within  the correctional facility at least
[twelve] TWENTY-FOUR months prior to any such closure.
  S 2. Section 79-b of the correction law, as amended by  section  2  of
part D of chapter 63 of the laws of 2005, is amended to read as follows:
  S 79-b. Adaptive reuse plan for consideration prior to prison closure.
[Not  later  than six months prior to the effective date of closure of a
correctional facility, the] THE commissioner shall, in consultation with
the commissioners of economic development, civil service and  the  divi-
sion  of  criminal  justice  services and the director of the governor's
office of employee relations, provide AT THE TIME THE NOTICE OF  CLOSURE
OF  A  CORRECTIONAL  FACILITY IS PROVIDED IN ACCORDANCE WITH SUBDIVISION
THREE OF SECTION SEVENTY-NINE-A OF THIS ARTICLE, a report for  an  adap-
tive  reuse plan for any facility slated for closure which will evaluate
the community impact of the proposed closure including but  not  limited
to  the  following  factors:   the potential to utilize the property for
another state government purpose, including for a new purpose as part of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00852-01-9

S. 279                              2

the state criminal justice system; potential for the sale or transfer of
the property to a local government or other governmental entity;  poten-
tial  for  the  sale of the property to a private entity for development
into a business, residential or other purpose; community input for local
development;  and  the  condition  of  the  facility and the investments
required to keep the structure in good repair, or to make it viable  for
reuse.
  S  3.    This act shall take effect immediately and shall apply to any
notice provided pursuant  to  subdivision  3  of  section  79-a  of  the
correction law, as amended by section one of this act, on or after Janu-
ary 1, 2009.

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