senate Bill S4929

Relates to persons authorized to visit correctional facilities

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Bill Status


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

  • 01 / May / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1448
  • 18 / Jun / 2013
    • SUBSTITUTED BY A7385

Summary

Authorizes any employee of the department of corrections and community supervision to visit correctional institutions as requested by member of the legislature if the member requests to be so accompanied.

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Bill Details

See Assembly Version of this Bill:
A7385
Versions:
S4929
Legislative Cycle:
2013-2014
Law Section:
Correction Law
Laws Affected:
Amd §146, Cor L

Sponsor Memo

BILL NUMBER:S4929

TITLE OF BILL: An act to amend the correction law, in relation to
persons authorized to visit correctional facilities

PURPOSE: To authorize members of the New York State Legislature to be
accompanied by an employee of their choosing when visiting a New York
State correctional facility.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends
subdivision 1 of § 146 of the Correction Law to authorize a Member of
the Legislature to be accompanied by an employee of the Department of
Corrections and Community Supervision when visiting a State
correctional facility, if such Member of the Legislature so desires to
be accompanied. Section 2 of the bill provides for an immediate
effective date.

EXISTING LAW: Under current law, although Members of the Legislature
are authorized to visit correctional facilities at their pleasure,
they are not statutorily authorized to be accompanied by an employee
of the Department of Corrections and Community Supervision when
visiting such facilities.

JUSTIFICATION: Members of the New York State Legislature are
statutorily authorized to visit State correctional facilities at their
pleasure pursuant to the provisions of § 146 of the Correction Law.
However, they are not authorized to be accompanied by an employee of
their choosing during such visit. As a result, these legislators are
often given their tours with facility administrators who may have a
different perspective on the operation compared to, for example, a
rank and file correctional officer. By allowing a Member of the
Legislature to designate an employee of the Department to accompany
them on their respective visit, this proposal would ensure that our
elected officials receive a broader perspective on the operation of a
particular correctional facility. Moreover, this legislation
specifically prohibits the designation of an employee to accompany a
Member of the Legislature on such facility tour if such designation
would compromise the Department's ability to supervise, manage and
control its facilities.

PRIOR LEGISLATIVE HISTORY: Similar to S.331/A.4333 of 2007.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  4929

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 persons authorized to
  visit correctional facilities

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

  Section 1. Subdivision 1 of section 146  of  the  correction  law,  as
amended  by  chapter  291  of  the  laws  of 2009, is amended to read as
follows:
  1. The following persons shall be authorized to visit at pleasure  all
correctional  facilities:  The governor and lieutenant-governor, commis-
sioner of general services, secretary of state, comptroller  and  attor-
ney-general,  members  of  the  commission of correction, members of the
legislature AND ANY EMPLOYEE OF  THE  DEPARTMENT  AS  REQUESTED  BY  THE
MEMBER  OF  THE LEGISLATURE IF THE MEMBER REQUESTS TO BE SO ACCOMPANIED,
PROVIDED THAT SUCH REQUEST DOES NOT IMPACT UPON THE DEPARTMENT'S ABILITY
TO SUPERVISE, MANAGE AND CONTROL ITS FACILITIES  AS  DETERMINED  BY  THE
COMMISSIONER,  judges  of the court of appeals, supreme court and county
judges, district attorneys and every  clergyman  or  minister,  as  such
terms  are  defined  in  section  two of the religious corporations law,
having charge of a congregation in the county wherein any such  facility
is  situated.  No  other person not otherwise authorized by law shall be
permitted to enter a correctional facility except by  authority  of  the
commissioner  of  correction  under such regulations as the commissioner
shall prescribe. The provisions of this section shall not apply to  such
portion  of  a  correctional facility in which inmates under sentence of
death are confined.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10716-01-3

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