S T A T E   O F   N E W   Y O R K
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                                  6348

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced by M. of A. GORDON, LUPARDO -- Multi-Sponsored by -- M. of A.
  BROOK-KRASNY,  BURLING,  CROUCH,  DUPREY,  EDDINGTON,  ERRIGO, GIGLIO,
  KOLB, MOLINARO, RAIA, ROBINSON, SALADINO, SCOZZAFAVA, TOWNSEND,  WALK-
  ER,  WEISENBERG  --  read  once  and  referred  to  the  Committee  on
  Correction

AN ACT to amend the correction  law,  in  relation  to  the  closure  of
  correctional facilities

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

  Section 1. Subdivision 3 of section 79-a of  the  correction  law,  as
amended  by  section  2  of part D of chapter 63 of the laws of 2005, is
amended to read as follows:
  3. provide notice by certified mail to (i) all  local  governments  of
any political subdivision in which the correctional facility is located,
(ii)  all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the  correctional  facility  at  least
[twelve] TWENTY-FOUR months prior to any such closure.
  S  2.  Section  79-b of the correction law, as amended by section 2 of
part D of chapter 63 of the laws of 2005, is amended to read as follows:
  S 79-b. Adaptive reuse plan for consideration prior to prison closure.
[Not later than six months prior to the effective date of closure  of  a
correctional facility, the] THE commissioner shall, in consultation with
the  commissioners  of economic development, civil service and the divi-
sion of criminal justice services and the  director  of  the  governor's
office  of employee relations, provide AT THE TIME THE NOTICE OF CLOSURE
OF A CORRECTIONAL FACILITY IS PROVIDED IN  ACCORDANCE  WITH  SUBDIVISION
THREE  OF  SECTION SEVENTY-NINE-A OF THIS ARTICLE, a report for an adap-
tive reuse plan for any facility slated for closure which will  evaluate
the  community  impact of the proposed closure including but not limited
to the following factors:   the potential to utilize  the  property  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00852-01-9
              

A. 6348                             2

another state government purpose, including for a new purpose as part of
the state criminal justice system; potential for the sale or transfer of
the  property to a local government or other governmental entity; poten-
tial  for  the  sale of the property to a private entity for development
into a business, residential or other purpose; community input for local
development; and the condition  of  the  facility  and  the  investments
required  to keep the structure in good repair, or to make it viable for
reuse.
  S 3.  This act shall take effect immediately and shall  apply  to  any
notice  provided  pursuant  to  subdivision  3  of  section  79-a of the
correction law, as amended by section one of this act, on or after Janu-
ary 1, 2009.