BILL NUMBER:S4917

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
S.2684 of 2009/2010

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.