BILL NUMBER:  S2684

 TITLE OF BILL :

An act to amend the correction law, in relation to adaptive reuse
plans for state correctional facilities slated for closure


 PURPOSE :

To require the Commissioner of Corrections to provide an adaptive
reuse plan at the time of an announcement of a prison closure rather
than not less than six month prior to the date of the closure; and to
provide for participation of local government in preparation of such
plan.

 SUMMARY OF PROVISIONS :

This bill amends section 79-b of the correction law to strike out that
the commissioner has until six months before the date of a prison
closure to provide an adaptive reuse plan for the prison proposed to
be closed. The commissioner would instead be required to provide the
reuse plan at the time of the announcement of the proposed closure.

Additionally, the bill would require that when the commissioner is
preparing the reuse plan that he also consult with the chief executive
              

officer of the local government in which the facility is located.

 EXISTING LAW :

Currently, section 79-a of the correction law requires a one year
prior notice to be given of any proposed closure of a prison facility.
Section 79-b requires that not less than six months prior to the
proposed closure the Commissioner of Correction must provide an
adaptive reuse plan for the facility.

Current law also directs the commissioner to consult with other state
officials when preparing the plan, but does not direct consultation
with any representatives of local government.

 JUSTIFICATION :

Currently the Commissioner of Corrections must give a one year prior
notice of a prison closing, but he has until six months prior to the
date of the closing to develop and provide an adaptive reuse plan for
the facility. As a result the community in which the prison is located
has no opportunity to participate in the development of the reuse plan
until after the closure decision has been made. If the plan for reuse
is prepared prior to the announcement of closure, it is possible that
the planning process may indicate that the facility considered for
closure should not be closed or that only partial closure is needed.
Moreover, developing the reuse plan before the announcement of closure
will give the effected community and employees a greater opportunity
to participate in the planning process.

Additionally, the Commissioner is only required to consult with
certain state officials when preparing the reuse plan. There is no
requirement for the commissioner to seek the opinion and ideas of the
local government wherein the proposed prison closing will occur. This
bill would require the commissioner to also consult with the chief
executive officer of the local government· in which the prison
facility is located.

 LEGISLATIVE HISTORY :

S.7763 of 2007/2008
 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.