Assembly Bill A10413

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

                                  10413

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Correction

AN  ACT  to  establish  a  temporary  state  commission to recommend the
  closure of state correctional facilities; and providing for the repeal
  of such provisions upon expiration thereof

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

  Section  1. A temporary state commission, to be known as the temporary
state commission on the closure of state correctional facilities  (here-
inafter  "commission")  is  hereby  established to examine, evaluate and
make recommendations on the closure of  state  correctional  facilities,
including  correctional  facility  annexes  or any other special housing
unit established to confine inmates in accordance with the provisions of
subdivision 6 of section 137 of the correction  law.    Such  commission
shall  assess the local economic impact from the closure of such facili-
ties and shall research alternative  economic  development  projects  to
make local communities less dependent on state correctional facilities.
  S  2.  a. The commission shall consist of 9 members to be appointed as
follows: 3 members shall be appointed by the governor and shall  include
the commissioner of the department of correctional services and a repre-
sentative  of  the empire state development corporation; 3 members shall
be appointed by the temporary president of  the  senate  and  3  by  the
speaker  of the assembly. No person shall be a member of such commission
while such person is a member of the senate or assembly. Any vacancy  on
such  commission  shall  be  filled  in  the same manner as the original
appointment was made. A chairperson and vice chairperson of such commis-
sion shall be elected by a majority of its members,  all  members  being
present.
  b.  Except  as  provided  in subdivision a of this section, no member,
officer or employee of the commission shall be disqualified from holding
any other public office or employment, nor shall he or she  forfeit  any
such office or employment by reason of his or her appointment hereunder,
notwithstanding  the  provisions  of  any general, special or local law,
ordinance or city charter.

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

                                                           LBD15709-03-0

A. 10413                            2

  S 3. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S  4.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its  functions  and  fix
their  compensation  within  the amounts made available by appropriation
therefor. Such commission may meet and hold public and/or private  hear-
ings  within or without the state, and shall have all powers of a legis-
lative committee pursuant to the legislative law.
  S 5. For the accomplishment of its purposes, the commission  shall  be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses  it  may  deem relevant through its own personnel or in cooper-
ation with or by agreement with any other public or private agency.
  S 6. The commission may request and shall receive from  any  court  of
the  state  and from any subdivision, department, board, bureau, commis-
sion, office, agency or other instrumentality of the  state  or  of  any
political subdivision thereof such facilities, assistance and data as it
deems  necessary or desirable for the proper execution of its powers and
duties and to effectuate the purposes set forth in this act.
  S 7. The commission is hereby authorized and empowered to  enter  into
any  agreements  and  to  do and perform any acts that may be necessary,
desirable or proper to carry out the purposes  and  objectives  of  this
act.
  S  8.  The  commissioner shall make a report of its findings and shall
submit the plan developed by it for the closure of certain state correc-
tional facilities, including any recommendations for a  legislative  act
as it may deem necessary and appropriate, to the governor, the temporary
president  of  the  senate and the speaker of the assembly no later than
the thirty-first of December in the year next  succeeding  the  year  in
which this act shall have become a law.
  S 9. This act shall take effect immediately and shall continue in full
force  and  effect  until  the thirty-first of December in the year next
succeeding the year in which it shall have become a law when  upon  such
date the provisions of this act shall be deemed repealed.