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

                                  11198

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. GIGLIO -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend the correction law, in relation to establishment of a
  staffing plan for all uniformed and non-uniformed employees at correc-
  tional facilities

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

  Section  1.  Section  112 of the correction law, as amended by chapter
476 of the laws of 1970, is amended to read as follows:
  S 112. Powers and duties of commissioner [of correction]  relating  to
correctional  facilities. 1. The commissioner [of correction] shall have
the superintendence, management and control of the correctional  facili-
ties  in  the department and of the inmates confined therein, and of all
matters relating to the government, discipline, policing, contracts  and
fiscal  concerns  thereof.  HE  OR  SHE SHALL HAVE THE RESPONSIBILITY TO
ENSURE THAT ADEQUATE STAFFING  EXISTS  AT  EVERY  CORRECTIONAL  FACILITY
PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION. He OR SHE shall have the
power and it shall be his OR  HER  duty  to  inquire  into  all  matters
connected  with said correctional facilities.  He OR SHE shall make such
rules and regulations, not in conflict with the statutes of this  state,
for the government of the officers and other employees of the department
assigned to said facilities, and in regard to the duties to be performed
by  them,  and  for  the  government and discipline of each correctional
facility, as he OR SHE may deem proper, and shall cause such  rules  and
regulations  to be recorded by the superintendent of the facility, and a
copy thereof to be furnished to each employee assigned to the  facility.
He  OR  SHE  shall also prescribe a system of accounts and records to be
kept at each correctional facility, which system shall be uniform at all
of said facilities, and he OR SHE shall also make rules and  regulations
for  a  record of photographs and other means of identifying each inmate
received into said facilities. He  OR  SHE  shall  appoint  and  remove,
subject  to  the civil service law [and rules], subordinate officers and
other employees of the  department  who  are  assigned  to  correctional
facilities.

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

                                                           LBD17458-01-0

A. 11198                            2

  2.  THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN FOR ALL UNIFORMED
AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO UNIFORMED STAFF, THE COMMIS-
SIONER SHALL ESTABLISH A STAFFING PLAN WHICH SHALL INCLUDE, BUT  NOT  BE
LIMITED  TO,  THE NUMBER OF TOTAL SECURITY POSTS THAT MUST BE STAFFED BY
CORRECTION OFFICERS AND CORRECTIONAL SERGEANTS BY CORRECTIONAL FACILITY.
THESE  POSTS  SHALL  BE DELINEATED BY THOSE THAT ARE NECESSARY FIVE DAYS
PER WEEK AND SEVEN DAYS PER WEEK. THE STAFFING PLAN SHALL  REQUIRE  THAT
EVERY  POST  BE  STAFFED  USING  A RATION OF 1.8 CORRECTION OFFICERS FOR
EVERY SEVEN DAY POST AND A RATIO OF 1.25 CORRECTION  OFFICERS  FOR  EACH
FIVE  DAY  POST.  THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH STAFFING
PLAN TO THE CHAIRS OF THE SENATE FINANCE, SENATE  CRIME  VICTIMS,  CRIME
AND  CORRECTION, ASSEMBLY WAYS AND MEANS AND ASSEMBLY CORRECTION COMMIT-
TEES BY DECEMBER THIRTY-FIRST OF  EACH  YEAR.  SUCH  REPORT  SHALL  ALSO
PROVIDE  DETAILED INFORMATION REGARDING HOW THE STAFFING PLAN WAS IMPLE-
MENTED DURING THE CURRENT FISCAL YEAR.  THIS INFORMATION SHALL  INCLUDE:
(A)  THE  NUMBER  OF  CORRECTION  OFFICERS AND SERGEANTS BY CORRECTIONAL
FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF
CORRECTION OFFICERS AND SERGEANTS THAT WERE  AVAILABLE  BY  CORRECTIONAL
FACILITY  DURING  THE  CURRENT FISCAL YEAR.  IN THE EVENT THE DEPARTMENT
DEVIATED FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE  DETAILS
ON  WHY  THE  STAFFING  PLAN WAS NOT IMPLEMENTED AS REQUIRED PURSUANT TO
THIS SECTION; (B) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN  FOR
EACH  FACILITY  THAT  HAVE BEEN CLOSED ON A DAILY BASIS, BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM); (C)  THE
NUMBER OF SECURITY POSITIONS NOT FILLED AND THOSE ELIMINATED, BY CORREC-
TIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE NUMBER OF INMATES
INCARCERATED  IN EACH SUCH FACILITY; AND (D) A BREAKDOWN BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM, AND MAXIMUM)  OF  THE
STAFF  HOURS  OF OVERTIME WORKED, BY YEAR SINCE TWO THOUSAND ONE AND THE
ANNUAL AGGREGATE COSTS RELATED  TO  THIS  OVERTIME.  IN  ADDITION,  SUCH
REPORT SHALL BE DELINEATED BY CORRECTIONAL FACILITY SECURITY CLASSIFICA-
TION,  THE ANNUAL NUMBER OF SECURITY POSITIONS ELIMINATED, THE NUMBER OF
CLOSED POSTS AND AMOUNT OF STAFF HOURS OF OVERTIME ACCRUED  AS  WELL  AS
THE OVERALL OVERTIME EXPENDITURES WHICH RESULTED.
  3.  The  commissioner  [of  correction]  may  require reports from the
superintendent or any  other  officer  or  employee  of  the  department
assigned  to any correctional facility in relation to his OR HER conduct
as such officer or employee, and shall have the power  to  inquire  into
any  improper conduct which may be alleged to have been committed by any
person at any correctional facility,  and  for  that  purpose  to  issue
subpoenas  to  compel  the  attendance  of witnesses, and the production
before him OR HER of books, writings and papers. A subpoena issued under
this section shall be regulated by the civil practice law and rules. The
commissioner of correction is authorized  and  empowered  to  lease  the
railroad, constructed under and by the authority of the laws of eighteen
hundred  [and] seventy-eight, chapter one hundred [and] forty-eight, for
such term of years and upon  such  terms  and  conditions  as  shall  be
approved of, in writing, by the governor and comptroller of this state.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.