S T A T E O F N E W Y O R K
________________________________________________________________________
3494
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to adequate staffing at
correctional 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04173-02-9
A. 3494 2
other employees of the department who are assigned to correctional
facilities.
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 FOLLOWING FACTORS:
(A) 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.
(B) THE STAFFING PLAN SHALL REQUIRE THAT EVERY POST BE STAFFED USING A
RATIO OF 1.75 CORRECTION OFFICERS FOR EVERY SEVEN DAY POST AND A RATIO
OF 1.25 CORRECTION OFFICERS FOR EACH FIVE DAY POST.
(C) 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 COMMITTEES
BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT SHALL ALSO PROVIDE
DETAILED INFORMATION REGARDING HOW THE STAFFING PLAN WAS IMPLEMENTED
DURING THE CURRENT FISCAL YEAR. THIS INFORMATION SHALL INCLUDE:
(I) 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;
(II) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN FOR EACH FACIL-
ITY THAT HAVE BEEN CLOSED ON A DAILY BASIS, BY CORRECTIONAL FACILITY
SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM);
(III) THE NUMBER OF SECURITY POSITIONS NOT FILLED AND THOSE ELIMI-
NATED, BY CORRECTIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE
NUMBER OF INMATES INCARCERATED IN EACH SUCH FACILITY; AND
(IV) 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 CORREC-
TIONAL FACILITY SECURITY CLASSIFICATION, 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
THAT 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
A. 3494 3
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be made and completed on or
before such effective date.