senate Bill S4343

Signed by Governor Amended

Adds a licensed health care professional to the organization of the citizen's policy and complaint review council

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 21 / Mar / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.738
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 27 / Feb / 2014
    • 1ST REPORT CAL.199
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 10 / Mar / 2014
    • AMENDED ON THIRD READING 4343A
  • 27 / Mar / 2014
    • PASSED SENATE
  • 27 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2014
    • REFERRED TO CORRECTION
  • 30 / Apr / 2014
    • SUBSTITUTED FOR A9166
  • 30 / Apr / 2014
    • ORDERED TO THIRD READING CAL.582
  • 30 / Apr / 2014
    • PASSED ASSEMBLY
  • 30 / Apr / 2014
    • RETURNED TO SENATE
  • 11 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 22 / Jul / 2014
    • SIGNED CHAP.139

Summary

Adds a licensed health care professional to the organization of the citizen's policy and complaint review council.

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Bill Details

Versions:
S4343
S4343A
Legislative Cycle:
2013-2014
Law Section:
Correction Law
Laws Affected:
Amd §42, Cor L

Sponsor Memo

BILL NUMBER:S4343

TITLE OF BILL: An act to amend the correction law, in relation to the
organization of the citizen's policy and complaint review council

Purpose of Bill: This bill would amend the Correction Law to update
the membership of the Citizen's Policy and Complaint Review Council
(CPCRC or Council).

Summary of Provisions:

Section one of the bill would amend Correction Law § 42(a)(1) to
update the membership of the CPCRC by: (1) allowing a veteran of any
foreign war, conflict or military occupation to serve on the Council;
and (2) requiring a licensed health care professional to serve on the
Council.

Section two of the bill provides that the bill would take effect
immediately.

Existing Law: Correction Law § 42(a)(1) creates the CPCRC within the
State Commission of Correction (SCOC or Commission). This is a
nine-member Council, which is required to meet at least once per
month, and whose members serve without compensation (except for
reimbursement for their actual and necessary expenses in performing
their duties). The Council is responsible for reviewing and
investigating complaints and grievances filed by inmates of local
jails, for assisting SCOC in policy development to improve SCOC' s
performance and for promoting research and study of correctional
program development.

Under current law, the nine members of the Council must include: (1) a
veteran who served in Indochina between January 1, 1963 and May 7,
1975 who was discharged under other than dishonorable condition, or a
licensed mental health professional with experience or training in
post-traumatic stress syndrome; (2) an attorney admitted in the State
of New York; (3) a former inmate of a correctional facility; (4) a
former correctional officer; (5) a former resident of a Division for
Youth secure center; and (6) a former employee of a Division for Youth
secure center; and three other persons appointed by the Governor.

Prior Legislative History: This is a new bill.

Statement in Support: The Commission has had difficulty recruiting
two of the categories of members - a Vietnam era veteran and a former
resident of a Division for Youth secure center - who are mandated to
be represented on the Council. As a result, when a vacancy occurs,
these seats often go unfulfilled for extended periods of time.

With respect to a Vietnam era veterans, it is SCOC's experience that
these veterans are of an age when many are retiring and either
relocating from the area or unwilling or unable to take time away from
their families and devote it to the work of the Council. Nonetheless,
the Commission believes that it is important to have a veteran on the
Council. This bill, therefore, would expand the pool of veterans
eligible to serve on the Council, by requiring a veteran of any
foreign war, conflict or military occupation to serve on the Council.


This would have the positive effect of retaining the possibility of
having a Council member with experience in or familiarity with
post-traumatic stress disorder on the Council.

With respect to former residents of Division for Youth secure centers,
the Commission has had difficulty identifying persons who meet this
qualification because the fact that a person was a resident of such a
center is a confidential and privacy protected matter. The Commission
proposes to substitute instead a member who is a licensed health care
professional. This will be a valuable resource to the Council, because
it has experienced a significant increase in the number of health and
mental health care related inmate grievances. Having a health care
professional on the Council will not place Council members in the
difficult position of questioning the actions of a facility health
care official without the benefit of qualified advice.

Budget Implications: None.

Effective Date: This bill would take effect immediately.

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

                                  4343

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN -- (at request of the State Commission of
  Correction) -- 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 organization of
  the citizen's policy and complaint review council

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

  Section  1.  Paragraph  1  of  subdivision  (a)  of  section 42 of the
correction law, as amended by chapter  309  of  the  laws  of  1996,  is
amended to read as follows:
  1.  There  shall  be  within  the  commission  a  citizen's policy and
complaint review council.  It  shall  consist  of  nine  persons  to  be
appointed  by  the  governor,  by and with the advice and consent of the
senate. One person so appointed shall have served in the armed forces of
the United States in [Indochina at any time from the first day of  Janu-
ary,  nineteen  hundred  sixty-three, to an including the seventh day of
May, nineteen hundred seventy-five] ANY FOREIGN WAR, CONFLICT  OR  MILI-
TARY OCCUPATION, who was discharged therefrom under other than dishonor-
able  conditions, or shall be a duly licensed mental health professional
who has professional experience or training with regard to post-traumat-
ic stress syndrome.  One person so appointed shall be an attorney admit-
ted to practice in this state. One person so appointed shall be a former
inmate of a correctional facility. One person so appointed  shall  be  a
former  correction  officer.  One person so appointed shall be a [former
resident of a division for youth secure center] HEALTH CARE PROFESSIONAL
DULY LICENSED TO PRACTICE IN THIS STATE. One person so  appointed  shall
be  a former employee of the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES who has directly supervised youth in a  secure  residen-
tial  center  operated  by  [the division] SUCH OFFICE. In addition, the
governor shall designate one of the full-time  members  other  than  the
chairman  of  the commission as chairman of the council to serve as such
at the pleasure of the governor.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08987-02-3

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