senate Bill S2812C

Signed By Governor
2011-2012 Legislative Session

Enacts into law major components of legislation necessary to implement the state fiscal plan for the 2011-2012 state fiscal year

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2011 signed chap.62
Mar 30, 2011 delivered to governor
Mar 29, 2011 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.11
substituted for a4012c
referred to ways and means
delivered to assembly
passed senate
message of necessity
ordered to third reading cal.278
print number 2812c
amend (t) and recommit to finance
Mar 12, 2011 print number 2812b
amend (t) and recommit to finance
Feb 25, 2011 print number 2812a
amend (t) and recommit to finance
Feb 01, 2011 referred to finance

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S2812 - Bill Details

See Assembly Version of this Bill:
A4012C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2812 - Bill Texts

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Enacts the financial services act as a new consolidated chapter; repeals certain provisions of the banking, executive and general business law; amends the correction law and the executive law to merge the department of correctional services and division of parole into the department of corrections and community supervision; eliminates the New York state foundation for science, technology and innovation and transfers the functions thereof to the NYS urban development corporation; amends the executive law relating to gubernatorial reorganization of governmental agencies and functions; amends the legislative law relating to formulation of a concurrent resolution.

view sponsor memo
BILL NUMBER:S2812

TITLE OF BILL:
An act
relating to constituting chapter 18-A of the consolidated laws in
relation to financial regulation; to amend the insurance law, the
banking law, the executive law, the education law, the energy law, the
state technology law, the real property law, the general business law,
the public authorities law, the public health law, the public service
law, the New York state defense emergency act,
the state finance law, the criminal procedure law, the tax law, and
chapter 784 of the laws of 1951, constituting the New York state
defense emergency act,
in relation to the creation of the department of financial regulation;
to amend chapter 322 of the laws of 2007, amending the banking law
relating to the power of banks, private bankers, trust companies,
savings banks, savings and loan associations, credit unions and
foreign banking corporations to exercise the rights of national banks,
federal savings associations, federal credit unions and federal branches
and agencies of foreign banks, in relation to the effectiveness of
certain provisions of such chapter;
to transfer certain authority with respect to consumer protection from
the executive law to the department of financial regulation; to amend
chapter 3 of the laws of 1997, amending the banking law and the
insurance law relating to authorizing the banking board to permit
banks and trust companies to exercise
the rights of national banks, in relation to making certain provisions
of such chapter permanent
and to
repeal certain provisions of the banking law, the insurance law, the
executive law, the
agriculture and markets law, the general business law,
the tax law, the criminal procedure law
and chapter 610 of the laws of 1995, amending the
insurance law relating to investments
relating to financial regulation and to making technical
corrections (Part A);
to amend the executive law, the labor law, the
public health law, the social
services law, the criminal procedure law,
the family court act, the correction law
and the education law, in relation
to merging the office of victims services, state
commission of correction and office for the prevention of domestic
violence into the division of criminal justice services; to repeal
section 576 of the executive law relating to the batterers project;
and to repeal subdivision 3-a of section 844-b of the executive law,
relating to reports of the New York state committee for the coordination
of police services to elderly persons
(Part B);
to amend the correction law and the executive law, in relation to merging
the department of correctional services and division of parole into the
department of corrections and community supervision; and repealing
certain provisions of the correction law relating thereto and
article 12-B of the executive law relating to the state division of
parole (Subpart A); and
to amend the correction law, abandoned property law, alcoholic beverage


control law, civil practice law and rules, civil rights law, civil
service law, county law, court of claims act, criminal procedure law,
education law, election law, environmental conservation law, executive
law, facilities development corporation act, family court act, general
business law, general municipal law, labor law, legislative law,
mental hygiene law,
municipal home rule law, penal law, public buildings law, public health
law, public officers law, railroad law, retirement and social security
law, social services law, state administrative procedure act, state
finance law, state technology law, surrogate's court procedure act, tax
law, town law, vehicle and traffic law, and the workers' compensation
law, in relation to making conforming technical changes; and to repeal
certain provisions of the correction law relating thereto (Subpart B)
(Part C); and
to amend the New York state urban development corporation act, in
relation to the elimination of the New York state foundation for
science, technology and innovation and the transfer of functions to the
New York state urban development corporation,
and to repeal certain provisions
of the public authorities law
relating thereto (Part D)

PURPOSE:
This bill contains provisions needed to implement the 2011-12
Executive Budget. The bill provides for several State entity mergers
to enhance operational effectiveness and efficiencies.

This memorandum describes Parts A through D of the bill which are
described wholly within the parts listed below.

Part A - Merge the operations of the Department of Insurance, the
Banking Department and the consumer financial protection programs of
the Consumer Protection Board into the Department of Financial
Regulation.

PURPOSE:

This bill consolidates financial regulation and consumer and investor
protection under the auspices of a single slate agency to be named
the Department of Financial
Regulation. by merging the operations of the Insurance Department and
the Banking Department and the consumer financial protection programs
of the Consumer protection Board, and by granting broad regulatory
authority to the Department over other financial products.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW AND
PRIOR LEGISLATIVE HISTORY:

The financial industry has evolved with increasing speed and
complexity over the last decade. As new financial products and
services become available to consumers and investors, there is a
corresponding need for robust supervision of these financial products
and services. Recent expectence has shown the dire consequences of
inadequate or poorly targeted oversight.


This bill proposes to implement a unified financial regulatory and
consumer protection structure in New York. It merges the functions of
the Banking Department and the Insurance Department and the consumer
financial protection programs of the Consumer Protection Board under
a unified Department of Financial Regulation (DFR). This
consolidation satisfies the dual public policy objectives of better
serving the consumers, businesses and investors in the State and
making government more cost-effective. The bill also enables the DFR
to supervise financial products and services that are currently
unregulated and provide more effective and efficient consumer and
investor protection relating to financial products and services.

The functions, duties and responsibilities of the Banking and
Insurance Departments will be merged under the new DFR. All of the
existing supervisory, regulatory and enforcement powers contained
within the Banking and Insurance Laws will remain intact, as will
both Chapters of Law. The Superintendent of Financial Regulation
will assume the responsibilities of the Superintendents of the
Banking and Insurance Departments, as well as expanded
responsibilities to oversee consumer and investor protection. over
financial products, services and transactions. This structure will
allow the Superintendent and the DFR to be more responsive to
developments in the financial industry.

The Superintendent also will administer a, newly created Financial
Frauds and Consumer Protection Unit (FFCPU). The FFCPU will function as
consumer financial complaints, and will have broad authority to
to investigate activities that
may constitute financial fraud or misconduct. The FFCPU is given
authority to impose civil penalties, and recover restitution for
consumers who are harmed by financial frauds.

Section 1 of the bill adds a. new chapter 18-A of the Consolidated
Laws to establish the "Financial Regulation and Protection Law"
(FRPL). The FRPL contains five Articles, as follows:

* Article 1 establishes and organizes the FRPL, establishes the DFR,
and provides for the consolidation of the Banking and Insurance
Departments into the DFR, as follows:

o § 101 creates a new chapter entitled "Financial Regulation and
Protection Law."
o § 102 declares that the purpose of establishing
the FRPL is to consolidate the functions of financial regulation and
consumer and investor protection, as well as the responsibilities of
the Insurance and Banking Departments under the DFR.
o § 103 organizes the FRPL.
o § 104 contains definitions, including a definition for financial
products and services, over which the DFR will have jurisdiction.

* Article II organizes the DFR and provides for the methods by which
the DFR may levy assessments, as follows:

o § 201 provides a declaration of policy and legislative intent.
o § 202 establishes the Superintendent as the head of the DFR.
o § 203 allows the Superintendent to appoint first deputy
Superintendents and such other deputies and employees as needed.


o § 204 provides that the DFR must maintain offices in Albany and New
York City, and may establish additional offices as needed.
o § 205 allows the Superintendent to establish divisions, bureaus or
other units within the DFR.
o § 206 prescribes the method by which the DFR may levy assessments
to fund the operating expenses of the DFR. Paragraphs (a) through (g)
provide that:

* (a) beginning in State Fiscal Year (SFY) 2012-13 the Superintendent
shall determine costs to the DFR for the regulation and supervision
of the banking and insurance industries respectively, and shall levy
assessments in such proportions as the Superintendent deems just and
reasonable;
* (b) beginning in SFY 2012-13, assessments shall be paid in 25%
increments on March 10th of the preceding SFY, and June 10th,
September 10th and December 10th of the current SFY;
* (c) examination expenses for bank holding companies may be assessed
by the Superintendent;
* (d) examination expenses for banking organization affiliates and
nonbanking subsidiaries of banking affiliates may be assessed by the
Superintendent;
* (e) the Superintendent may, upon notice, suspend the license,
registration certificate or authority granted to any entity pursuant
to banking or insurance law for failure to pay an assessment; and
(f) expenses of every examination of the affairs of any regulated
person subject to the insurance law, with certain considerations,
must be borne and paid by the insurer or other person or organization
being examined.

* Article III provides administrative and procedural provisions, as
follows:

o § 301 provides the powers of the Superintendent.
o § 302 provides the Superintendent with the authority to issue
regulations, including over financial products and services not
subject to exclusive regulatory oversight by the federal government
or substantial regulation by other state entities.
o § 303 requires that orders of the Superintendent be in writing.
o § 304 provides notice requirements.
o § 305 provides requirements for hearings before the Superintendent
and DFR.
o § 306 provides the Superintendent with subpoena powers.
o § 307 grants immunity from prosecution under certain conditions.
o § 308 clarifies that regulations and orders of the Superintendent
are subject to judicial review.
o § 309 allows the Superintendent to seek injunctive relief for
violations of the FRPL.
o § 310 allows certificates sealed with the official seal of the DFR
to be received as evidence, and includes specific provisions to
address the same.

* Article IV provides for the prevention of financial frauds.

o § 401 provides the title of this article, the "Financial Frauds
Prevention Act."
o § 402 provides the legislative declaration.
o § 403 requires that the Superintendent establish the FFCPU within


the DFR.
o § 404 provides the powers of the FFCPU, which includes broad
authority to investigate activities that may constitute financial
frauds.
o § 405 grants immunity to persons reporting, or providing information
concerning, financial frauds to the DFR, as well as to employees and
the Superintendent for actions taken and reports issued in good faith
regarding financial frauds.
o § 406 protects against the impairment or preemption of other
agencies and other powers granted to the Superintendent by other laws.
o § 407 establishes that no person or entity shall commit financial
fraud.
o § 408 provides for imposition of civil penalties and restitution for
each violation of the FRPL, Banking Law or Insurance Law.
o § 409 provides for required reporting.

* Article V provides for certain restrictions on the officers and
employees of the DFR.

o § 501 provides for certain restrictions on officers and employees of
the DFR related to their ability to transact business with entities
regulated by the DFR.

Section 2 of the bill repeals Banking law Article 2-B (the Financial
Frauds Prevention Act), Which created the Banking Department's
Criminal Investigations Bureau.

Section 3 of the bill amends Insurance law § 401, to provide technical
corrections consistent with the establishment of the DFR.

Section 4 of the bill repeals Insurance law § 402, Which establishes
the Insurance Frauds Bureau.

Section 5 of the bill repeals Insurance law § 403(c), which provides
for specific civil penalties for violations of the Insurance Law.

Section 6 of the bill amends Insurance law § 404(a) 10 make
corrections consistent with the establishment of the DFR.

Section 7 of the bill amends insurance law § 405 to make corrections
consistent with the establishment of the DFR.

Section 8 of the bill repeals Insurance law §§ 406, 407-a, and 410,
the Provisions of which are moved to the FRPL as established by this
bill.

Section 9 of the bill amends Insurance law § 410(c)(1) to provide
technical corrections consistent with the establishment of the DFR.

Section 10 of the bill amends Insurance law § 411 (b)(1) to provide
technical corrections consistent with the establishment of the DFR.

Section 11 of the bill amends Banking law § 11 to change references
from the Banking Department to references to the DFR, and deletes the
final sentence of subdivision 1, which establishes the Banking
Department's principal office.


Section 12 of the bill repeals Banking Law § 12, which constitutes the
Superintendent of Banks as the head of the Banking Department,
provides for the appointment of the Superintendent of Banks, and
provides certain powers and duties of the Superintendent of Banks.

Section 12-a of the bill repeals Insurance law §§ 204,301,302
303,304,305,306,313,326 and 327, which contain administrative
provisions FRPL.

Section 13 of the bill amends Insurance Law § 107(a)(17) and (41),
to amend definitions to reflect the establishment of the DRF and
the Superintendent of Financial Regulation,

Section 13-a of the bill amends the Banking Law to define the
"Department" as the DFR and the "Superintendent of Financial
Regulation.

Section 14 of the bill amends Executive Law § 169(1)(b) and (e), to
provide for the salary for the Superintendent of Financial Regulation
and delete the salary of the Chairman and Executive Director of the
Consumer Protection Board.

Section 15 of the bill repeals Insurance Law § 332, to provide for the
method of assessing the insurance industry to fund certain
expenses, to be consistent with § 206 of the FRPL created by § 1 of
this bill.

Section 16 of the bill repeals Banking Law § 17, to provide for the
method of assessing the banking industry to fund certain expenses, to
be consistent with § 20.6 of the FRPL created by § 1 of this bill.

Section 17 of the bill repeals Banking Law § 13, which establishes the
Banking Board.

Section 18 of the bill repeals Insurance Law § 201, which establishes
the Superintendent of Insurance.

Section 19 of the bill repeals Insurance Law § 202, which provides for
the authority of the Superintendent of Insurance to appoint employees.

Section 20 of the bill repeals Article 20 of the Executive Law, which
establishes the Consumer Protection Board (CPB).

Section 21 of the bill repeals Agriculture & Markets Law § 192-d,
which establishes the inactive Advisory Council on Petroleum Product
Standards.

Section 22 of the bill repeals Agriculture & Markets Law § 285, which
establishes the inactive Direct Marketing Advisory Council for
Statewide Activities.

Section 23 of the bill amends Education Law § 5010 to replace the
Executive Director of the CPB on the Advisory Council for Registered
Business and Licensed Trade Schools with the Superintendent of
Financial Regulation.


Section 24 of the bill amends Energy Law § 6-102 to remove the CPB
from the Energy Planning Board.

Section 25 of the-bill amends Energy Law § 12-101-a to transfer
administration over the Solar Energy Products Warranty Act from the
CPB to the New York Energy Research and Development Authority
(NYSERDA).

Section 26 of the bill amends Energy Law § 17-102 to transfer
administration over the Truth in Heating Act from the CPB to the New
York Energy Research and Development Authority (NYSERDA).

Section 27 of the bill amends State Technology Law § 208(7)(a) to
replace the CPB with the DFR on the list of state agencies to be
notified in the event of a person's acquisition of private
information without authorization.

Section 28 of the bill repeals Article 14-A of the General Business
Law (GBL), setting forth the Airline Passenger Bill of Rights, the
material portion of which was held preempted by federal law in Air
Transport Ass'n of America, Inc. v. Cuomo, 520 F.3d 218 (2d Cir. 2008).

Section 29 of the bill replaces the Executive Director of the CPB
on the State Real Estate Board with the Superintendent of Financial
Regulation.

Section 30 through 33 of the bill amend various provisions of GBL
Article 28-E to transfer administration over the Children's
Product Safety and Recall Effectiveness Act of 2008 from the CPB
to the Department of Health.

Section 34 of the bill amends GBL § 349-d to replace the CPB with
the DFR on the list of agencies that can refer complaints under the
Energy Services Company Consumers Bill of Rights to the Attorney
General.

Section 35 of the bill amends GBL §372 (b)(c) to require the
Department of Taxation and Finance to consult with the DFR in
certain instances relating to the distribution of information
about tax preparers; this consultation was previously between
the Department and the CPB.

Section 36 of the bill amends GBL § 280-t(g) to transfer from the
CPB to the DFR the duty to monitor technology relating to a
consumer's ability to lift a credit security freeze.

Section 37 of the bill amends GBL § 390-c(3) to move the
responsibility over establishing an internet security website or
webpage provided for by that section from the CPB to the DFR.

Section 38 of the bill amends GBL § 399-dd(2) to transfer authority to
issue regulations concerning playgrounds from the CPB to the Office
of Parks, Recreation and Historic Preservation.

Sections 39 through 41 of the bill amend GBL § 399-zz to transfer
responsibility over administration of the State's Do-Not-Call Law
List from the CPB to the Department of State.


Section 42 of the bill amends GBL § 791(1) to remove the Chair and
Executive Director of the CPB.

Section 43 of the bill amends GBL § 899-aa(8)(a) to provide that the
DFR, not the CPB, must be notified in the event of certain
unauthorized acquisitions of private information.

Section 44 of the bill amends Insurance Law § 3217(c) to remove the
requirement that the CPB be consulted in regard to regulations issued
concerning the content and sale of accident and health insurance
policies.

Section 45 of the bill amends Public Authorities Law § 1898(1)(a) to
remove the Chair of the CPB from the Green Jobs-Green New York
Advisory Council.

Section 46 of the bill amends Public Health Law § 2803-8 to remove the
CPB's role in the design of a leaflet on consumer product safety
information to be distributed to new parents; such leaflet will be
prepared solely by the Department of Health.

Section 47 of the bill amends Public Service Law § 24-a to provide
that notice of various utility rate filings be provided to the
Department of State, not the CPB.

Sections 48 through 50 amend Public Service Law §§ 71, 84, and 89-i to
remove the option of commencing various Public Service Commission
investigations by notice to the CPB.

Section 51 of the bill amends Public Service Law § 96(3) to remove a
reference to the PSC's ability to commence investigations based on
complaints by the CPB.

Section 52 of the bill amends Tax Law § 1817(n)(2) to remove a
reference to cooperation with the CPB in regard to the Department of
Taxation and Finance's monitoring of retail motor and diesel fuel
prices.

Section 53 of the bill amends State Finance Law § 97-www to repurpose
the Consumer Protection Account from supporting administration of the
State's Do-Not Call Law to supporting the DFR's consumer fraud and
investor protection unit, and providing additional funding for such
account from certain penalties collected by the FFCPU.

Section 54 of the bill is intentionally omitted.

Section 55 of the bill amends Insurance Law § 109(c)(1) to include
every person or entity licensed, certified, registered, or authorized
pursuant to the Insurance Law among those upon whom the
superintendent may impose a monetary penalty for a willful
violation of the Insurance Law or the regulations promulgated
thereunder. This amendment also increases the monetary penalty to
$10,006 for all of these persons or entities, except those persons or
entities licensed pursuant to Articles 21 or 68 of the Insurance Law.


Section 56 of the bill repeals Insurance Law § 203, which requires the
Insurance Department to have offices in New York City and Albany.
This requirement is moved to § 204 of the FRPL

Section· 57 repeals Insurance Law § 209. Subsection (a) requires the
Superintendent to make a report by January 31, 1986 on the operation
and results of Chapter 781 of the Laws of 1983 and the Insurance Law
relating to motor vehicle liability insurance notices of termination,
procedures for lack of financial security, and exemption for certain
vehicles. Subsection (b) requires the Superintendent to appoint an
advisory panel to develop standardized medical claim forms and to
report its findings by July 1, 1993.

Section 58 of the bill repeals Insurance Law § 210-a, which requires
the Superintendent to make available to insurance brokers information
regarding long term care insurance coverage and the New York State
Partnership for long term care insurance coverage,
created by Executive Law § 544. The Legislature repealed Executive Law
§ 544 as part of Chapter 642 of the Laws of 2004.

Section 59 of the bill repeals Insurance Law § 211, which requires the
Superintendent to order a study of the utilization trends and
experience and the rate and premium impact to health insurance
consumers, and to issue a report by September 1, 1999.

Section 60 of the bill repeals Insurance Law § 212, which requires the
Superintendent to order a study of the Healthy New York program, and
to issue a report by January 1 of each year.

Section 61 of the bill amends Insurance Law § 214, to move the date by
which the Superintendent needs to make an annual report to March 15
of each year, rather than January 1 of each year.

Section 62 of the bill repeals Insurance Law § 308(d), which requires
the Superintendent to issue a report by September 1, 2007 on the
compensation insurance rating board.

Section 63 of the bill repeals §§ 498-a and 562 of the Banking Law,
the subject matter of which is covered by § 305 of the FRPL.

Section 64 amends Insurance Law § 337, which applies to the annual
consumer guide on automobile insurance.

Section 65 of the bill repeals Insurance Law § 338, Which requires a
biennial report on the automobile insurance plan.

Section 66 of the bill repeals Insurance Law § 339, which requires the
Superintendent to , furnish a report by May 1, 1996 providing an
assessment of the market availability of gap insurance.

Section 67 of the bill repeals Insurance Law § 402, which establishes
the Insurance Frauds Bureau. The functions of the Insurance Frauds
Bureau are being carried into the newly constituted Financial Frauds
and Consumer Protection Unit established by § 403 of the FRPL.

Section 68 of the bill amends Insurance Law § 1504(b) to permit the
Superintendent to examine every holding company and every controlled


person within a holding company system if the Superintendent has
cause to believe that the operations of such person may affect the
operations, management or financial condition of any controlled
insurer within the system, regardless of the materiality of such
effect.

Section 69 of the bill amends Insurance Law § 2102 to permit the
Superintendent to impose a monetary penalty not to exceed $500 for
each transaction on any person, firm, association, or corporation who
or that violates section 2102 (acting without a license), except as
provided in section 2102(a)(2).

Section 70 of the bill amends Insurance Law § 2117(g) to change the
penalty from $500 for the first offense and an additional $500 for
each month during which the person or entity continues to act in
violation of section 2117, to $500 for each transaction, if any
person, firm, association, or corporation acts for, or aids, an
unlicensed or unauthorized insurer or health maintenance organization.

Section 71 of the bill amends Insurance Law § 2402(b) to add Insurance
Law §§ 1102(a) (doing an insurance business without a license), 2102
(acting without a license), and 2117 (acting for or aiding an
unlicensed or unauthorized insurer or health maintenance
organization) to the definition of a "defined violation."

Section 72 of the bill repeals Insurance Law § 2706, which requires
the Superintendent to make a report, with regard to the Holocaust
Victims Insurance Act of 1998, one year from the effective date of
Article 27, which took effect in 1998, and annually for the next 10
years.

Sections 73-75 of the bill are intentionally omitted.

Section 76 of the bill repeals Insurance Law § 5514, which requires
the Superintendent to issue a report, from time to time, evaluating
the operation of Article 55 (Medical Malpractice Insurance
Association or "MMIA"). The MMIA no longer exists.

Section 77 of the bill repeals Insurance Law § 7006(d), which
requires the Superintendent to issue an annual report on the number
and type of captive insurers, the lines of insurance written through
them, and their overall effect on the New York insurance market.

Section 78 of the bill amends Criminal Procedure Law § 2.10(47) to
reflect the transfer of peace officers from the Insurance Frauds
Bureau to the Department.

Section 78-a of the bill repeals Criminal Procedure Law §2.10(61) to
reflect the transfer of peace officers from the Criminal
Investigations Bureau in the Banking Department to the Department.

Section 79 of the bill amends Public Health Law § 1370-b(1) to remove
the Superintendent of Insurance from the New York State Advisory
Council on Lead Poisoning Prevention.


Section 80 of the bill amends Public Health Law § 2553(1)(b) to
remove the Superintendent of Insurance from the Early Intervention
Coordinating Council.

Section 81 of the bill amends Public Health law § 4602(1) to remove
the Superintendent of Insurance from the Continuing Care Retirement
Community Council.

Sections 82 and 83 of the bill amend Tax Law § 11(a)(5) and (12) to
change the definition of "department" to the Department of Economic
Development and the definition of "superintendent" to the
Commissioner of Economic Development, with
regard to any application, certification, report, submission, filing,
or other action required or governed by section 11 occurring on or
after August 1, 2011.

Section 84 of the bill repeals Tax law § 11(j), which requires the
Superintendent of Insurance to issue an annual report on certified
capital companies.

Section 85 of the bill amends Unconsolidated Laws § 9120(1) to remove
the Superintendent of Insurance from the State Civil Defense
Commission.

Section 86 of the bill repeals Section 4 of Chapter 610 of the Laws of
1995, which requires the Superintendent of Insurance to submit an
annual report regarding authorized life insurers' investments,
activities, or other contributions described in Insurance Law
4233(b)(11).

Section 87 of the bill repeals Banking Law § 3, which establishes 10
banking districts, a concept no longer used in the Banking Law.

Section 88 of the bill makes amendments to the so-called wild card
provision of the Banking Law, which is found in section 12-a.
Subdivisions 1, 2 and 6 are unchanged.
Subdivisions 3 and 4 cover applications from regulated entities, and
wild cards recommended by the Superintendent on his own account.

Section 88-a repeals subdivision 8 of Section 12-a of the Banking Law,
which provided for an annual report on whether the-wild card powers
have retained banks in New York.

Section 89 of the bill provides that the functions, powers and
obligations of the Banking Board are transferred to the
Superintendent of Financial Regulation. This is a technical provision
to effectuate the purposes of the consolidation.

Section 90 of the bill amends Banking Law § 14 to reflect the transfer
of the powers of the Banking Board to the Superintendent of Financial
Regulation.

Section 91 of the bill provides that references in the Banking Law to
the Banking Board will be deemed to refer to the Superintendent of
Financial Regulation.


Section 92 of the bill repeals Banking Law § 15, which authorizes the
Superintendent to appoint deputies, provides for an oath of office
for deputies and examiners, and provides certain protections for
deputies who previously served as examiners and are later removed
from the position of deputy. The substance of subdivisions 1 and 3
has been moved to § 203 of the FRPL. The requirement for an oath of
office, now in § 15(2) of the Banking Law, is now covered by § 10 of
the Public Officers Law.

Section 93 of the bill repeals Banking Law § 16, dealing with
restrictions on officers and employees of the department. The
substance of this section has been transferred to section 501 of the
FRPL.

Section 94 of the bill deletes the small farm and small business
report that the Superintendent is required to make annually under
Banking Law § 9-q.

Section 95 and 95-a of the bill would make the wild card authority
permanent.

Section 96 of the bill repeals Banking Law § 75-g, which provides for
an annual report on ATM safety violations.

Section 97 of the bill amends Banking Law § 42(19) to require the
Superintendent to post in the Department's bulletin a notice that he
or she plans to recommend adoption of a wild card.

Section 98 of the bill transfers all of the functions, powers,
obligations and duties of the Banking and Insurance Departments to
the DFR.

Section 99 of the bill abolishes the Banking and Insurance Departments.

Section 100 of the bill continues the authority of the Banking and
Insurance Departments for the purposes of succession, as necessary to
effectuate the transfer of its functions, powers, obligations and
duties to the DFR.

Section 101 of the bill transfers the books, papers, records and
property of the Banking and Insurance Departments to the DFR.

Section 102 of the bill allows the DFR to complete any unfinished
business or matters commenced by the Banking and Insurance Departments.

Section 103 of the bill requires that any legal or contractual
references to the Banking and Insurance Departments be deemed to
refer to the DFR, and requires that in any case where both the
Superintendents of Banking and Insurance sit on the same Board,
statutory references or designations shall be deemed to refer solely
to the Superintendent of Financial Regulation.

Section 104 of the bill directs the Legislative Bill Drafting
Commission to change all statutory references to the Departments and
Superintendents of Banking and Insurance, to reflect the DFR and
Superintendent of Financial Regulation.


Section 105 of the bill provides that no rights or remedies of the
state shall be lost, impaired or otherwise affected by the enactment
of this act.

Section 106 of the bill provides that no actions or proceedings to
which the Superintendents or Departments of Banking and Insurance are
a party will be affected by the enactment of this act, and that in
the case of open actions or proceedings against either, the DFR shall
be substituted as a party.

Section 107 of the bill continues, and transfers to the DFR, all
rules, regulations, acts, determinations and decisions of the Banking
and Insurance Departments.

Section 108 of the bill provides for the transfer to the DFR of all
appropriations and reappropriations made to the Banking and Insurance
Departments.

Section 109 of the bill provides for the transfer to the DFR of all
employees of the Banking and Insurance Departments. The employees
shall remain in the same collective bargaining unit and retain their
civil service status, classification and rights.

Section 110 of the bill requires that in SFY 2011-12 the Director of
the Budget shall notify the Superintendent of the expenses that will
be incurred for the forthcoming fiscal year. Assessments to fund
these amounts will be levied according to existing banking and
insurance law prior to the enactment of this statute, such that the
assessments levied on one industry correlate to the costs incurred in
the regulation and supervision of that assessed industry.

Section 111 of the bill requires that the Superintendent coordinate
administrative, clerical and human resource functions, and any other
functions, in a manner to achieve cost savings.

Section 112 of the bill provides that the Governor shall designate an
acting Superintendent when the bill becomes effective, who shall
serve with the full authority of Superintendent provided that the
Governor nominates a Superintendent within sixty days of the
effective date of the act.

Section 113 of the bill provides a severability clause.

Section 114 of the bill provides the effective date.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as it is expected to produce an undetermined amount of
savings, through agency consolidation and streamlining of agency
operations. Furthermore, it is anticipated that the more robust
protections against financial frauds provided for under this
legislation will generate significant savings to the taxpayers of New
York, and will contribute substantially to the overall economic
health of the State.

EFFECTIVE DATE:


Most provisions of the bill take effect on April 1, 2011. However, the
provisions addressing assessments in §§ 15 and 16 will not become
effective until April 1, 2012;
employees with holdings that are not in compliance with § 501 of the
FRPL will have until April 1, 2012 to be in compliance; and sections
30 through 33, transferring CPB's authority for product safety
literature to the Department of Health, will take effect in the same
manner as Chapter 539 of the laws of 2010.

Part B - Merge the operations of the Office for the Prevention of
Domestic Violence, Office of Victim Services, and the State
Commission of Correction into the Division of Criminal Justice
Services.

PURPOSE:

This bill consolidates the operations of the Office for the Prevention
of Domestic Violence (OPDV), Office of Victim Services (OVS), and the
State Commission of Correction (SCOC) into the Division of Criminal
Justice Services (DCJS).

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

DCJS shares many of the same functions carried out by OPDV, OVS, and
SCOC, including data collection and analysis, administration of State
and federal criminal justice funds, grant-making, and support of
criminal justice-related agencies across the State. Consolidating
these agencies within DCJS will create operational efficiencies,
foster improved coordination of policies and programs, and provide
for the more efficient and cost-effective delivery of the programs
and services for which the agencies are responsible,

This bill restructures OPDV, OVS, and SCOC as specialized entities
under the umbrella of DCJS. Each of the new offices of OPDV and OVS
will be headed by a Director who will report to the Commissioner of
DCJS. The State Commission of Correction will continue to have three
members appointed by the Governor, with the chair designated by the
Governor. Under this bill, the Chair of the Commission will be
responsible for operations of the Commission and will report to the
DCJS commissioner. The compensation of the other two SCOC members
will be changed from salaried to per diem. The directors of OPDV and
OVS and the Chair of SCOC will continue to coordinate and recommend
policy in their respective program areas. The bill also provides for
the transfer of employees and records, continuity of authority,
continuation of rules and regulations, and the transfer of assets and
liabilities from the existing agencies to DCJS.

The 2010-11 Executive Budget included a proposal to merge the Division
of Probation and Correctional Alternatives (DPCA), Crime Victims
Board (CVB), and OPDV into DCJS. Only DPCA was merged into DCJS in
the 2010-11 Enacted Budget. In addition, CVB's three-member board was
eliminated and CVB was reconstituted as the Office of
Victim Services.

BUDGET IMPLICATIONS:


Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as it is expected to produce an undetermined amount
of savings.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part C - Merge the Department of Correctional Services and the
Division of Parole into the new Department of Corrections and
Community Supervision.

PURPOSE:

This bill merges the operations of the Department of Correctional
Services (DOCS) and the Division of Parole (DOP) into the Department
of Corrections and Community Supervision (DCCS).

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

A merger of DOCS and DOP, which now have duplicative re-entry
functions and related staff, will enhance operational effectiveness
and efficiency. Consolidating in one agency the responsibility for
supervision of an offender for the entire term of his or her sentence
will allow for the dedication of resources to better coordinate
programming provided inside and outside of prison. This coordinated
effort will enhance the .
prospects of offenders returning to their home communities.

The Board of Parole will continue to function as an independent body
regarding decisions to release an individual from prison. It will
receive administrative support from the new agency.

In addition to the programmatic benefits of the merger, there are
several specific provisions which will improve operational
efficiency. They include: shifting responsibility for setting
conditions of parole supervision from the Board of Parole to staff of
the merged agency; streamlining the manner in which a victim can be
involved in release decisions; permitting DCCS to issue certificates
of relief and certificates of good conduct instead of the Board of
Parole; and reducing the number of Parole Board members from nineteen
to thirteen;. Since Board of Parole presently has only thirteen
sitting members, this limitation will not require the termination of
any such members prior to the conclusion of their terms.

Currently, DOCS and the DOP are separate agencies. DOP was established
in 1930 and merged with, but not integrated into, DOCS in 1970. The
two agencies were separated in 1977.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as it is expected to produce savings through the elimination
of duplicative functions.

EFFECTIVE DATE:


This bill takes effect April 1, 2011.

Part D - Merge the Foundation for Science, Technology and Innovation
(NYSTAR) and the existing high technology and research and
development programs to the Empire State Development Corporation.

PURPOSE:

This bill authorizes the consolidation of the Foundation for Science,
Technology and Innovation and the New York State Urban Development
Corporation, by transferring the functions of the former to the latter.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill allows the consolidation of two of the State's major
economic development entities to further streamline and improve the
delivery of economic development services in the areas of high
technology and research and development and eliminates duplicative
administrative functions.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. This consolidation would save $1.9 million in State taxpayer
dollars.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 2812                                                  A. 4012

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN ACT relating to constituting chapter 18-A of the consolidated laws in
  relation  to  financial  regulation;  to  amend the insurance law, the
  banking law, the executive law, the education law, the energy law, the
  state technology law, the real property law, the general business law,
  the public authorities law, the public health law, the public  service
  law,  the New York state defense emergency act, the state finance law,
  the criminal procedure law, the tax law, and chapter 784 of  the  laws
  of  1951,  constituting  the  New York state defense emergency act, in
  relation to the creation of the department of financial regulation; to
  amend chapter 322 of the laws of 2007, amending the banking law relat-
  ing to the power of banks, private bankers, trust  companies,  savings
  banks,  savings and loan associations, credit unions and foreign bank-
  ing corporations to exercise the rights  of  national  banks,  federal
  savings  associations,  federal credit unions and federal branches and
  agencies of foreign banks, in relation to the effectiveness of certain
  provisions of such chapter; to transfer certain authority with respect
  to consumer protection from the executive law  to  the  department  of
  financial regulation; to amend chapter 3 of the laws of 1997, amending
  the  banking  law  and  the  insurance law relating to authorizing the
  banking board to permit banks and  trust  companies  to  exercise  the
  rights  of national banks, in relation to making certain provisions of
  such chapter permanent and to repeal certain provisions of the banking
  law, the insurance law, the executive law, the agriculture and markets
  law, the general business law, the tax law, the criminal procedure law
  and chapter 610 of the laws of 1995, amending the insurance law relat-
  ing to investments relating to  financial  regulation  and  to  making
  technical  corrections (Part A); to amend the executive law, the labor
  law, the public health law, the  social  services  law,  the  criminal
  procedure law, the family court act, the correction law and the educa-
  tion law, in relation to merging the office of victims services, state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12576-01-1

S. 2812                             2                            A. 4012

  commission  of  correction  and  office for the prevention of domestic
  violence into the division of criminal  justice  services;  to  repeal
  section  576  of  the executive law relating to the batterers project;
  and  to  repeal subdivision 3-a of section 844-b of the executive law,
  relating to reports of the New York state committee  for  the  coordi-
  nation  of  police  services to elderly persons (Part B); to amend the
  correction law and the executive  law,  in  relation  to  merging  the
  department  of  correctional  services and division of parole into the
  department of corrections and  community  supervision;  and  repealing
  certain  provisions of the correction law relating thereto and article
  12-B of the executive law relating to the  state  division  of  parole
  (Subpart  A); and to amend the correction law, abandoned property law,
  alcoholic beverage control law, civil practice law  and  rules,  civil
  rights law, civil service law, county law, court of claims act, crimi-
  nal  procedure law, education law, election law, environmental conser-
  vation law, executive law,  facilities  development  corporation  act,
  family  court  act, general business law, general municipal law, labor
  law, legislative law, mental hygiene law,  municipal  home  rule  law,
  penal  law,  public  buildings law, public health law, public officers
  law, railroad law, retirement and social security law, social services
  law, state administrative procedure  act,  state  finance  law,  state
  technology  law,  surrogate's  court procedure act, tax law, town law,
  vehicle and  traffic  law,  and  the  workers'  compensation  law,  in
  relation to making conforming technical changes; and to repeal certain
  provisions  of  the  correction law relating thereto (Subpart B) (Part
  C); and to amend the New York state urban development corporation act,
  in relation to the elimination of the New York  state  foundation  for
  science,  technology  and  innovation and the transfer of functions to
  the New York  state  urban  development  corporation,  and  to  repeal
  certain  provisions  of  the  public  authorities law relating thereto
  (Part D)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  Chapter 18-A of the consolidated laws is added to read as
follows:
                  CHAPTER 18-A OF THE CONSOLIDATED LAWS
                 FINANCIAL REGULATION AND PROTECTION LAW
                                ARTICLE I
                           GENERAL PROVISIONS

S. 2812                             3                            A. 4012

Section 101. Short title.
        102. Department of financial regulation.
        103. Explanation of order of provisions.
        104. Definitions.
  S  101.  Short  title. This chapter shall be known and may be cited as
the "financial regulation and protection law".
  S 102. Department of  financial  regulation.  The  legislature  hereby
declares  that  the  purpose of this chapter is to consolidate financial
regulation and consumer and investor protection,  including  enforcement
of  the insurance and banking laws, under the auspices of a single state
agency to be known as the "department of financial regulation".
  S 103. Explanation of order of provisions.  In  this  financial  regu-
lation  law,  the  provisions  have  been divided in descending order of
application, with illustrations, as follows:
Article 1
  Section 101
    Subsection (a)
      Paragraph (1)
        Subparagraph (A)
          Item (i)
            Clause (I)
              Subitem (aa)
                Subclause (aaa)
  S 104. Definitions.  (a) In this chapter, unless the context otherwise
requires:
  (1) "Department" shall mean the department of financial regulation.
  (2) "Derivative" shall mean a financial instrument  that  derives  its
value  from  other  financial instruments, including traditional securi-
ties, assets or market indices.
  (3) "Financial fraud" shall mean any fraud,  intentional  misrepresen-
tation  or  deceptive  act  or practice involving a financial product or
service or involving any person offering to provide or providing  finan-
cial products or services, including (A) any fraudulent insurance act or
fraudulent life settlement act, as those terms are defined by the insur-
ance  law;  (B)  any  deceptive  act or practice or false advertising as
those terms are interpreted under article twenty-two-A  of  the  general
business  law; (C) any fraud as that term is interpreted under the bank-
ing law; (D) any activity that violates article one hundred  fifty-five,
one  hundred seventy, one hundred seventy-five, one hundred seventy-six,
one hundred eighty, one hundred eighty-five, one  hundred  eighty-seven,
one  hundred ninety, two hundred, two hundred ten, four hundred sixty or
four hundred seventy of the penal law, or  three  hundred  fifty-two  or
three  hundred fifty-three of the general business law; (E) any criminal
activity involving a financial product or service or involving any indi-
vidual or other  entity  offering  to  provide  or  providing  financial
products or services; or (F) any act or omission in violation of federal
or state fair lending laws.
  (4)  "Financial  product  or  service"  shall  mean (A) any product or
service offered or provided by any person regulated or  required  to  be
regulated  by  the  superintendent pursuant to this chapter, the banking
law, the insurance law or other laws, or otherwise subject to the inves-
tigatory or enforcement authority of the superintendent under this chap-
ter, the insurance law, the banking law or other laws; (B)  any  invest-
ment,  credit, debt, lien, deposit, derivative, money management device;
and (C) any contract involving any of the foregoing.

S. 2812                             4                            A. 4012

  (5) "Person" shall  mean  any  individual,  partnership,  corporation,
association or any other entity.
  (6)  "Regulated  person"  shall  mean  any  person  operating  under a
license, registration,  certificate  or  authorization,  or  authorized,
accredited, chartered or incorporated or possessing other similar status
under the insurance law or the banking law.
  (7)  "Superintendent" shall mean the superintendent of financial regu-
lation of this state.
  (b) Acts or practices  "involving"  a  financial  product  or  service
include  acts  or  practices  that relate to: (1) a consumer's financial
obligations; (2) the balance of a consumer's account; (3)  a  consumer's
credit;  (4)  the  leasing or financing of a purchase by a consumer; (5)
stored value cards and gift certificates; (6) rebates; (7) a  consumer's
financial and personally identifiable information and (8) sweepstakes.
  (c)  Whenever  the  terms  "include",  "including" or terms of similar
import appear in this chapter, unless the  context  requires  otherwise,
such  terms shall not be construed to imply the exclusion of any person,
class or thing not specifically included.
  (d) A reference in this chapter to any other law or  statute  of  this
state,  or  of  any  other  jurisdiction,  means  such law or statute as
amended to the effective date of this chapter, and  unless  the  context
otherwise requires, as amended thereafter.
                               ARTICLE II
         ORGANIZATION OF THE DEPARTMENT OF FINANCIAL REGULATION
Section 201. Declaration of policy.
        202. Superintendent.
        203. Deputies; employees.
        204. Offices of the department.
        205. Bureaus.
        206. Assessments to defray operating expenses of the department.
  S 201. Declaration of policy.  (a) It is the intent of the legislature
that the superintendent shall supervise the business of, and the persons
providing,  financial  products  and  services,  including  any  persons
subject to the provisions of the insurance law and the banking law.
  (b) The superintendent shall take such actions as  the  superintendent
believes necessary to:
  (1)  foster  the  growth of the financial industry in New York through
judicious regulation and vigilant supervision;
  (2) ensure the continued sound and prudent conduct of the providers of
financial products and services;
  (3) ensure fair, timely and equitable  fulfillment  of  the  financial
obligations of such providers;
  (4)  protect users of financial products and services from financially
impaired or insolvent providers of such services;
  (5) encourage high standards of honesty, transparency,  fair  business
practices and public responsibility;
  (6)  eliminate  financial  fraud,  other  criminal abuse and unethical
conduct in the industry; and
  (7) educate and protect users of financial products and  services  and
ensure  that  users are provided with timely and understandable informa-
tion  to  make  responsible  decisions  about  financial  products   and
services.
  S  202.  Superintendent.  (a)  The head of the department shall be the
superintendent of financial regulation, who shall be  appointed  by  the
governor,  by  and  with  the  advice and consent of the senate, and who
shall hold office until the end of the term of the governor by whom  the

S. 2812                             5                            A. 4012

superintendent was appointed and until the superintendent's successor is
appointed  and  qualified.  The superintendent shall possess the rights,
powers,  and  duties,  in  connection  with  financial  regulation   and
protection  in this state, expressed or reasonably implied by this chap-
ter or any other applicable law of this state.
  (b) The superintendent may, in the superintendent's discretion, desig-
nate one of the  superintendent's  deputies  to  act  as  superintendent
during  the  superintendent's absence or inability to act. If the office
of superintendent is vacant,  or  if  the  superintendent's  absence  or
inability  to  act continues for a period of more than thirty successive
days, the governor may designate an individual to act as  superintendent
until the filling of the vacancy or the return or recovery of the super-
intendent.
  (c)  Whenever  in  this chapter, the banking law, the insurance law or
any other law the superintendent is authorized but not required to  take
any  action  or the superintendent's approval is required as a condition
precedent to the doing of any act, the taking of  such  action  and  the
giving  of  such  approval  shall  be  within the superintendent's sound
discretion. In taking any action with respect to any  banking  organiza-
tion, and in approving or disapproving any application made by a banking
organization,  the  superintendent  shall  give due consideration to the
policy of the state of New York as set forth in section ten of the bank-
ing law.
  S 203. Deputies; employees. (a) The superintendent may appoint one  or
more  first deputies and such other deputies as the superintendent deems
necessary to fulfill the responsibilities of the department. The  super-
intendent may remove at will any deputy appointed by the superintendent,
except as may be otherwise provided by the civil service law.
  (b)  The  superintendent  may appoint and remove from time to time, in
accordance with law and any applicable rules of the state civil  service
commission,  such employees, under such titles as the superintendent may
assign, as the superintendent  may  deem  necessary  for  the  efficient
administration  of the department. They shall perform such duties as the
superintendent shall assign to them.  The compensation of such employees
shall be determined by the superintendent in accordance with law.
  (c) Any action that the superintendent is required or authorized here-
inafter by this chapter, the banking law, the  insurance  law  or  other
laws  to  take  may be taken by a deputy to whom the duty of taking such
action has been delegated or assigned by the superintendent.
  S 204. Offices of the department. Suitable offices for conducting  the
business  of the department shall be located in the cities of Albany and
New York, and such other cities as the superintendent  deems  necessary.
Necessary  additional  office,  filing  and storage space that cannot be
supplied by the state commissioner of general services may be leased  by
the  superintendent,  and rent or expenses incurred pursuant to any such
lease shall, unless otherwise provided for, be paid on  the  certificate
of the superintendent and the audit and warrant of the comptroller.
  S  205.  Bureaus. The superintendent may establish such bureaus, divi-
sions, and other units within the department as may be necessary for the
administration and operation of the department and the  proper  exercise
of its powers and the performance of its duties, under this chapter, and
may,  from  time to time, consolidate or abolish such divisions, bureaus
or other units within the department. Notwithstanding  any  inconsistent
provision  of  law,  the superintendent may determine the official func-
tions of each division, bureau, or other  unit  within  the  department.
There  shall  be  a  head  of  each bureau, division or other unit to be

S. 2812                             6                            A. 4012

appointed by the superintendent, who shall serve at the pleasure of  the
superintendent, except as may be otherwise provided by the civil service
law.  The heads of bureaus, divisions or units in the banking and insur-
ance  departments who are in office when this chapter takes effect shall
continue in office at the pleasure of the superintendent, except as  may
be otherwise provided by the civil service law.
  S  206.  Assessments  to  defray operating expenses of the department.
(a) For each fiscal year commencing on or after April first,  two  thou-
sand  twelve,  assessments  to  defray operating expenses, including all
direct and indirect costs, of the department shall be  assessed  by  the
superintendent in such proportions as the superintendent shall deem just
and reasonable upon all domestic insurers and all licensed United States
branches of alien insurers domiciled in this state within the meaning of
the  insurance  law and upon any regulated person under the banking law,
other than mortgage loan originators, except as  otherwise  provided  by
sections one hundred fifty-one and two hundred twenty-eight of the work-
ers'  compensation  law and by section sixty of the volunteer firefight-
ers' benefit law. The provisions of this section shall not be applicable
to a bank holding company, as that term is defined in article three-A of
the banking law.  Persons regulated under the banking law  will  not  be
assessed  for  expenses  that the superintendent deems to benefit solely
persons regulated under the insurance law, and persons  regulated  under
the insurance law will not be assessed for expenses that the superinten-
dent deems to benefit solely persons regulated under the banking law.
  (b) For each fiscal year commencing on or after April first, two thou-
sand  twelve,  a partial payment shall be made by each entity subject to
this section in a sum equal to twenty-five per centum, or such other per
centum or per centums as the superintendent may prescribe, of the annual
expenses assessed upon it for the fiscal year as estimated by the super-
intendent. Such payment shall be made on March tenth  of  the  preceding
fiscal  year  and  on  June tenth, September tenth and December tenth of
each year, or at such other dates as the superintendent  may  prescribe.
The balance of assessments for the fiscal year shall be paid upon deter-
mination  of  the actual amount due in accordance with the provisions of
this section.  Any  overpayment  of  annual  assessment  resulting  from
complying  with  the  requirements  of  this subsection shall be applied
against the next estimated quarterly assessment, if less than  or  equal
to such amount, with any excess refunded to the assessed. As an alterna-
tive, if the estimated annual assessment for the fiscal year is equal to
or  less  than  the annual minimum assessment set by the superintendent,
the superintendent may require full payment to  be  made  on  or  before
September  thirtieth or such other date of the fiscal year as the super-
intendent may determine.
  (c) The expenses incurred in making examinations of,  or  for  special
services performed on account of, any bank holding company, as that term
is defined in the banking law, or any regulated person under the banking
law,  shall  be  assessed provided, however, that the superintendent, in
the superintendent's sole discretion, may  determine,  with  respect  to
expenses  incurred in the making of any specific examination or investi-
gation, or the performing of any special services, that any such expense
shall be assessed against and paid by the bank holding  company  or  any
other  regulated  person  under  the  banking  law  for  which they were
incurred or performed.
  (d) The expenses incurred in making an examination of any affiliate of
a banking organization pursuant to the banking  law,  and  the  expenses
incurred  in  making  an  examination, pursuant to the banking law, of a

S. 2812                             7                            A. 4012

non-banking subsidiary of a corporation or any other entity that  is  an
affiliate  of a banking organization, shall be assessed against and paid
by such banking organization if the affiliate cannot be assessed  pursu-
ant to the provisions of the banking law.
  (e)  The  superintendent may, in the superintendent's sole discretion,
upon notice, suspend the license, registration, certificate or authority
(for purposes of this section, a license) granted to any person pursuant
to this chapter, the banking law or insurance law, upon the  failure  of
such  person  to make any payment required by this section within thirty
days after the due date. If the superintendent has  suspended  any  such
license, such license may be reinstated if the superintendent determines
that such person has made any such payments within ninety days after the
date  of  such  notice of suspension.  Otherwise, unless the superinten-
dent, in the superintendent's sole discretion, has extended such suspen-
sion, the license of such person shall be  deemed  to  be  automatically
terminated  by operation of law at the close of business on such nineti-
eth day.
  (f) (1) The expenses of every examination of the affairs of any  regu-
lated  person  subject  to  the insurance law, including an appraisal of
such regulated person's real property or of any real property  on  which
such  regulated  person holds a mortgage, made pursuant to the authority
conferred by any provision of this chapter, the  insurance  law  or  the
banking  law,  shall  be borne and paid by the regulated person so exam-
ined, but the superintendent, with the approval of the comptroller,  may
in  the  superintendent's  discretion  for  good  cause shown remit such
charges.
  (2) (A) For any such examination by the  superintendent  or  a  deputy
superintendent  personally,  the charge made shall be only for necessary
traveling expenses and other actual expenses. In  all  other  cases  the
expenses of examination shall also include reimbursement for the compen-
sation  paid  for the services of persons employed by the superintendent
or by  the  superintendent's  authority  to  make  such  examination  or
appraisal.
  (B) Notwithstanding any provisions of this section to the contrary, in
case  of  an  examination or appraisal of a domestic insurer made within
this state, the traveling and living expense of the  person  or  persons
making  the  examination  shall  be  considered  a cost of operation, as
referred to in section three hundred thirty-two of the insurance law and
not an expense of examination.
  (3) All  charges,  including  necessary  traveling  and  other  actual
expenses,  except as hereinabove provided, as audited by the comptroller
and paid on the comptroller's warrant in the usual manner by  the  comp-
troller  to  the  person or persons making the examination or appraisal,
shall be presented to the insurer, or other person whose duty it  is  to
pay  the  same,  in  the form of a copy of the itemized bill therefor as
certified and approved by the superintendent or  by  any  deputy  super-
intendent  or authorized employee of the department. Upon receiving such
certified copy the insurer or other person whose duty it is to pay  such
charges  shall  pay the amount thereof to the superintendent, to be paid
by the superintendent into the state treasury.
                                ARTICLE III
                ADMINISTRATIVE AND PROCEDURAL PROVISIONS
Section 301. Powers of the superintendent.
        302. Regulations by superintendent.
        303. Orders of superintendent; when writing required.
        304. Notice; how given.

S. 2812                             8                            A. 4012

        305. Hearings; conduct; findings and report.
        306. Attendance   of  witnesses;  production  of  documents  and
               records.
        307. Immunity from prosecution.
        308. Judicial review of orders,  regulations  and  decisions  of
               superintendent.
        309. Injunction to restrain violation of this chapter.
        310. Certificates  as  evidence;  affirmation  of  documents and
               testimony.
  S 301. Powers of the superintendent.   (a)  The  superintendent  shall
have  such powers as are conferred upon the superintendent by this chap-
ter, the banking law, the insurance law or any other law of this  state.
The  superintendent  shall  have  the  power  to conduct investigations,
research, studies and analyses of matters  affecting  the  interests  of
consumers  of  financial  products  and services, including tracking and
monitoring complaints.
  (b) The superintendent shall protect users of financial  products  and
services, including:
  (1)  taking  such  actions  as  the  superintendent deems necessary to
educate and protect users of financial products and services;
  (2) receiving  complaints  of  consumers  of  financial  products  and
services,  and  where  appropriate  (A)  providing  direct assistance to
consumers and advocacy for consumer interests; (B) mediating the  resol-
ution  of  such  complaints  with  providers  of  financial products and
services; or (C) referring such complaints to the  appropriate  federal,
state  or  local agency authorized by law for appropriate action on such
complaints;
  (3) studying the operation of laws and advising and making recommenda-
tions to the governor on matters affecting consumers of and investors in
financial products  and  services  and  promoting  and  encouraging  the
protection  of  the  legitimate  interests  of  users  of such financial
products and services;
  (4) establishing, in consultation with the office  of  cyber  security
and  critical infrastructure coordination, a process by which victims of
frauds, including identity theft and security breaches of financial  and
other personally identifiable data shall receive assistance and informa-
tion  to  resolve  complaints;  and, in that regard, acting as a liaison
between any victim of  frauds  including  identity  theft  and  security
breaches,  and  any  state  agency,  public  authority, or any municipal
department or agency, the division of state police, and county or munic-
ipal police departments,  and  any  non-governmental  entity,  including
consumer  credit  reporting agencies, to facilitate the victim obtaining
such assistance and data as shall enable the identity theft  program  to
carry  out  its  duties to help consumers resolve the problems that have
resulted from the identity theft;
  (5) cooperating with and assisting the attorney general in the  carry-
ing out of the attorney general's legal enforcement responsibilities for
the  protection  of consumers of and investors in financial products and
services;
  (6) initiating and encouraging consumer financial education  programs,
and  disseminating  materials to educate users of financial products and
services; and
  (7) cooperating with and assisting local governments and  not-for-pro-
fits  in the development of consumer protection measures with respect to
financial products and services.

S. 2812                             9                            A. 4012

  (c) The powers conferred upon  the  superintendent  pursuant  to  this
article with respect to financial products and services shall also apply
to acts and practices involving financial products and services.
  S  302.  Regulations  by  superintendent. (a) The superintendent shall
have the power to prescribe and from time to time withdraw or amend,  in
writing,  rules  and regulations and issue orders and guidance involving
financial products and services, not inconsistent with the provisions of
this chapter, the banking law, the insurance law and any  other  law  in
which the superintendent is given authority:
  (1)  effectuating  any  power,  given  to the superintendent under the
provisions of this chapter, the insurance law, the banking law,  or  any
other law to prescribe forms or make regulations;
  (2)  interpreting  the  provisions of this chapter, the insurance law,
the banking law, or any other law; and
  (3) governing the procedures to be followed in  the  practice  of  the
department.
  (b)  Notwithstanding  subsection (a) of this section, no such rules or
regulations shall be promulgated with respect to any  financial  product
or  service  that  is  regulated  under  the exclusive jurisdiction of a
federal agency or authority or  substantially  regulated  by  any  other
state  agency or state public authority, or if such rules or regulations
would be preempted by federal law.
  (c) The superintendent may promulgate a list of financial products and
services excluded from regulation by the superintendent,  provided  that
such exclusion shall not limit in any way the ability of the superinten-
dent to take any actions with respect to financial fraud provided for in
this chapter, the insurance law, the banking law or any other law.
  S  303.  Orders  of superintendent; when writing required. Whenever by
any provision of this chapter, the insurance law, the banking law or any
other law the  superintendent  is  authorized  to  grant  any  approval,
authorization  or permission or to make any other order or determination
affecting any person subject to the  provisions  of  this  chapter,  the
insurance  law, the banking law or any other law, such order or determi-
nation shall not be effective unless made in writing and signed  by  the
superintendent.
  S  304.  Notice;  how  given.  (a) (1) Whenever the provisions of this
chapter, the insurance law, the banking law or any other law require the
superintendent to give notice to any person of any  action  or  proposed
action,  it shall be sufficient to give such notice in writing either by
delivering it to such person or by depositing the  same  in  the  United
States  mail, postage prepaid, registered or certified, and addressed to
the last known place of business of such person or if no such address is
known to the superintendent, then  to  the  residence  address  of  such
person.  Notice to the public may be given with respect to any matter by
providing  such notice on the department's website or in any bulletin of
the department required to be published at least weekly and to  be  made
publicly available.
  (2)  Such  notice  shall  refer to the provisions of this chapter, the
insurance law, the banking law or any other law pursuant  to  which  the
action  was  taken  or is proposed to be taken and the grounds therefor,
but failure to make such reference shall not render the notice  ineffec-
tive  if  the  person  to  whom  it is addressed is thereby or otherwise
reasonably apprised of such grounds.
  (3) If the person being notified is  entitled  to  a  hearing  by  the
provisions  of  this  chapter, the banking law, the insurance law or any
other law, the notice of proposed action may specify  a  date  on  which

S. 2812                            10                            A. 4012

such  action  will  be  taken unless such person shall notify the super-
intendent in writing that a hearing is demanded; in such case the super-
intendent shall give such person a further notice of the time and  place
of such hearing in the manner stated above.
  (b)  Whenever  the  provisions of this chapter, the insurance law, the
banking law, or any other law require the superintendent to give to  any
person  a hearing on any proposed action, it shall be sufficient compli-
ance with such requirement if the superintendent gives to such person:
  (1) notice of the time and the place at which an opportunity for hear-
ing will be afforded, and
  (2) an opportunity for hearing, if the person appears at the time  and
place specified in the notice.
  (c)  Any  hearing  of which such notice is given may be adjourned from
time to time without other notice than the announcement thereof at  such
hearing.
  (d)  Whenever any person is entitled to a hearing by the provisions of
this chapter, the insurance law, the  banking  law,  or  any  other  law
before  any proposed action is taken, the notice of such proposed action
may, if the superintendent deems it expedient,  be  in  the  form  of  a
notice  to  show  cause  stating  that such proposed action may be taken
unless such person shows cause at a hearing to be held  at  a  time  and
place  specified  in such notice, why such proposed action should not be
taken.
  (e) The statement of any regular salaried employee of  the  department
of  financial  regulation,  subscribed  and affirmed by such employee as
true under the penalties of perjury, stating facts which show  that  any
notice  referred  to  in  this  section  has been delivered or mailed as
hereinbefore provided, shall be presumptive evidence  that  such  notice
has been duly delivered or mailed, as the case may be.
  S  305.  Hearings;  conduct; findings and report. (a) Unless otherwise
provided in this chapter, the banking law,  the  insurance  law  or  any
other  law,  any hearing pursuant to any such law may be held before the
superintendent, any deputy superintendent, or  any  designated  salaried
employee  of  the  department  authorized by the superintendent for such
purpose.
  (b) The person conducting such hearing shall have power to  administer
oaths,  examine  and  cross-examine  witnesses  and  receive documentary
evidence, and shall report his findings, orally or in  writing,  to  the
superintendent  with or without recommendation.  Such report, if adopted
by the superintendent may be the basis of any determination made by  the
superintendent.  One  hundred  twenty days after the effective date of a
determination of liability for a civil penalty pursuant to section  four
hundred eight of this chapter or one thousand one hundred two, two thou-
sand  one  hundred two, two thousand one hundred seventeen, two thousand
one hundred thirty-three or seven thousand eight hundred sixteen of  the
insurance  law,  such determination of liability for a civil penalty may
be entered as a judgment and enforced, without court proceedings, in the
same manner as the enforcement of a money judgment in civil  actions  in
any  court of competent jurisdiction or any other place provided for the
entry of civil judgment within this state.
  (c) Every such hearing shall be open to the public unless  the  super-
intendent or the person authorized by the superintendent to conduct such
hearing,  shall  determine that a private hearing would be in the public
interest, in which case the hearing shall be private.
  (d) Every person affected shall be allowed to be  present  during  the
giving  of all the testimony, and shall be allowed a reasonable opportu-

S. 2812                            11                            A. 4012

nity to inspect all adverse documentary proof, to examine and cross-exa-
mine witnesses, and to present proof in support of the  person's  inter-
est.
  (e)  Nothing herein contained shall require the observance at any such
hearing of formal rules of pleading or evidence.
  S 306. Attendance of witnesses; production of documents  and  records.
(a) The superintendent or the person authorized by the superintendent to
conduct  a  hearing  or  investigation  shall  have  power  to  subpoena
witnesses, compel the attendance of witnesses, administer oaths, examine
any person under oath, and to compel any person to subscribe to  his  or
her  testimony  after  it  has been correctly reduced to writing, and in
connection therewith to require the production  of  any  books,  papers,
records,  correspondence  or  other  documents  which the superintendent
deems relevant to the inquiry. A  subpoena  issued  under  this  section
shall be regulated by the civil practice law and rules.
  (b) No person subject to the provisions of this chapter, the insurance
law  or  the banking law whose conduct, condition or practices are being
investigated, and no officer, director or employee of any  such  person,
shall be entitled to witness or mileage fees.
  (c)  In  addition  to the liabilities and punishment prescribed by the
civil practice law and rules, any person who, without just  cause  fails
or  refuses  to attend and testify or to answer any lawful inquiry or to
produce any books, papers or records in obedience to a  subpoena  issued
by the superintendent shall be guilty of a misdemeanor.
  (d)  Every  regulated  person under this chapter, the insurance law or
the banking law who is given a notice of hearing pursuant to this  chap-
ter  shall  upon  the  service of a notice to produce books and records,
when attached to the notice of hearing or mailed subsequently thereto in
the same manner as the notice  of  hearing,  pursuant  to  such  notice,
produce at the hearing the books, records and documents enumerated ther-
ein.
  S  307. Immunity from prosecution. (a) At any hearing conducted pursu-
ant to this chapter, the insurance law or the  banking  law  or  in  any
cause  or  proceeding  instituted by the superintendent pursuant to this
chapter, the insurance law or the banking law,  the  superintendent,  or
the  superintendent's  deputy  or  other officer conducting the hearing,
cause  or  proceeding  may  confer  immunity  in  accordance  with   the
provisions of section 50.20 of the criminal procedure law.
  (b)  No  person compelled in accordance with the provisions of section
50.20 of the criminal procedure law to give answer or  produce  evidence
of  any  other  kind  at  any such hearing, cause or proceeding shall be
exempt from the  refusal,  revocation  or  suspension  of  any  license,
permission  or authority conferred, or to be conferred, pursuant to this
chapter, the banking law or the insurance law.  Any person testifying at
any such hearing, cause or proceeding may execute, acknowledge and  file
in the office of the superintendent a statement expressly waiving his or
her  immunity  or privilege against self-incrimination in respect to any
transaction, matter or thing specified in such statement  and  thereupon
the  answers  given  or  evidence produced by such person in relation to
such transaction, matter or thing may be received or produced before any
judge or justice, court, tribunal, grand jury or otherwise,  and  if  so
received  or  produced such person shall not be entitled to any immunity
or privilege on account of any  answers  such  person  may  so  give  or
evidence such person may so produce.
  S  308. Judicial review of orders, regulations and decisions of super-
intendent. (a) Notwithstanding the specific enumerations of the right to

S. 2812                            12                            A. 4012

judicial review in this chapter, the insurance law or the  banking  law,
any  order,  regulation or decision of the superintendent is declared to
be subject to judicial review in a  proceeding  under  article  seventy-
eight of the civil practice law and rules, provided that nothing in this
section  or  article  seventy-eight  of the civil practice law and rules
shall affect the time period provided in the banking law or  the  insur-
ance law for commencing such proceeding.
  (b) Except as provided in section two thousand one hundred twenty-four
of  the  insurance  law,  the  commencement of such proceeding shall not
affect the enforcement or validity of the superintendent's order,  regu-
lation  or decision under review unless the court shall determine, after
a preliminary hearing of which the superintendent is notified  at  least
forty-eight  hours  in  advance,  that a stay of enforcement pending the
proceeding or until further direction  of  the  court  will  not  unduly
injure the interests of the people of the state, in which case a stay of
execution may be granted.
  S  309. Injunction to restrain violation of this chapter. (a) In addi-
tion to such other remedies that are provided under  this  chapter,  the
superintendent  may maintain and prosecute, in the name of the people of
the state, an action against any person subject  to  this  chapter,  the
insurance  law  or the banking law, or the person's officers, directors,
trustees or agents or against any person subject to  the  provisions  of
this  chapter,  the insurance law or the banking law, for the purpose of
obtaining an injunction restraining such person or  persons  from  doing
any  acts  in violation of the provisions of this chapter, the insurance
law or the banking law.
  (b) In such action if the court finds that a defendant is  threatening
or  is  likely to do any act in violation of this chapter, and that such
violation will cause irreparable injury to the interests of  the  people
of  this  state,  the  court  may  grant  an injunction restraining such
violation. The court may on motion and affidavits  grant  a  preliminary
injunction and interlocutory injunction, upon such terms as may be just;
but  the  people  of  the  state  shall not be required to give security
before the issuance of any such injunction.
  S 310. Certificates as evidence; affirmation of documents and testimo-
ny.  (a)  Every  certificate,  assignment,  conveyance  or  other  paper
executed  by  the superintendent or one of the superintendent's deputies
pursuant to law and sealed with the  official  seal  of  the  department
shall  be  received  as evidence in any judicial or other proceeding and
may be recorded in the proper recording offices.
  (b) Any charter, or any certificate or other  instrument  supplemental
to  or  amendatory  of the charter, of any regulated person filed in the
office of the superintendent and containing statements of fact  required
or  permitted  by  law to be contained therein, shall be received in all
courts, public offices and official bodies as prima  facie  evidence  of
such facts and of the execution of such instrument.
  (c)  Whenever  by  the laws of any jurisdiction other than this state,
any certificate by any officer in such jurisdiction or  a  copy  of  any
instruments  certified  or  exemplified  by  any  such  officer,  may be
received as prima facie evidence  of  the  incorporation,  existence  or
capacity of any corporation incorporated in such jurisdiction, or claim-
ing  so  to  be, such certificate when exemplified, or such copy of such
instrument when exemplified shall be  received  in  all  courts,  public
offices  and official bodies of this state, as prima facie evidence with
the same force as in such jurisdiction. Such  certificate  or  certified
copy of such instrument shall be so received, without being exemplified,

S. 2812                            13                            A. 4012

if it is certified by the secretary of state, or official performing the
equivalent function as to corporate records of such jurisdiction.
  (d)  Notwithstanding  any provision of this chapter, the insurance law
or the banking law requiring an oath as to the proof of  a  document  or
the  truth  of  testimony,  the  affiant may, if the affiant's religious
beliefs cause the affiant to object to giving an oath, affirm the  docu-
ment or the affiant's testimony.
                                ARTICLE IV
                       FINANCIAL FRAUDS PREVENTION
Section 401. Short title.
        402. Legislative declaration.
        403. Financial frauds and consumer protection unit.
        404. Powers  of  the  financial  frauds  and consumer protection
               unit.
        405. Immunity.
        406. Other law enforcement  authority,  powers  and  duties  not
               affected or impaired.
        407. Financial fraud.
        408. Civil penalty.
        409. Reports.
  S  401.  Short  title. This article shall be known and may be cited as
the "financial frauds prevention act."
  S 402. Legislative  declaration.  The  legislature  hereby  finds  and
declares  that  financial  frauds take many forms across multiple indus-
tries. The legislature further finds that financial  frauds  are  detri-
mental  to  the  social  and economic well-being of the citizens of this
state. In order to more thoroughly uncover,  investigate  and  eliminate
the  myriad financial frauds that may be perpetrated in, and may involve
the people of, New York state, the legislature finds that it  is  appro-
priate  that the responsibilities of the insurance frauds bureau and the
criminal investigations bureau that were administered by the  department
of  insurance  and the department of banking, respectively, prior to the
enactment of this article, along with the consumer financial  protection
activities  of  the consumer protection board be consolidated into a new
financial frauds and consumer protection unit under the  supervision  of
the superintendent.
  S  403.  Financial frauds and consumer protection unit. (a) The super-
intendent shall establish a financial  frauds  and  consumer  protection
unit in the department of financial regulation.
  (b) The financial frauds and consumer protection unit shall be a qual-
ified  agency,  as  defined  in section eight hundred thirty-five of the
executive law, to enforce the provisions of  this  article  and  article
four of the insurance law.
  (c)  The superintendent shall have the power to designate employees of
the unit as peace officers as defined in section 2.10  of  the  criminal
procedure  law.  Any  such  designations  made  by the superintendent of
insurance or the superintendent of banks, as they relate to peace  offi-
cers  within the insurance frauds bureau and the criminal investigations
bureau, made prior to the effective  date  of  this  chapter,  shall  be
deemed  continued and will remain effective subject to the discretion of
the superintendent.
  (d) The superintendent is authorized to establish within the financial
frauds and consumer protection unit one or more units designated for the
purpose of investigating and preventing fraud in certain specified areas
of the banking, finance and insurance industries.

S. 2812                            14                            A. 4012

  S 404. Powers of the financial frauds and  consumer  protection  unit.
(a) The superintendent has broad authority under this article, the bank-
ing law, the insurance law and other laws to investigate activities that
may constitute financial fraud and to develop evidence thereon.
  (b) If the financial frauds and consumer protection unit has a reason-
able suspicion that a person or entity has engaged, or is engaging, in a
financial  fraud or misconduct, then the superintendent, in the enforce-
ment of relevant  statutes,  may  undertake  an  investigation  thereon,
provided, however, that the scope of authority set forth in this section
shall  not  be  deemed  to  otherwise limit or impair the ability of the
superintendent to assist any other entity in an investigation  involving
a  violation  of  law,  and provided further that the responsibility and
power to investigate any specific financial frauds or misconduct enumer-
ated in this chapter,  the  banking  law  and  insurance  law  shall  be
included  under  the  jurisdiction  of the financial frauds and consumer
protection unit.
  S 405. Immunity. In the absence of fraud or bad faith, no person shall
be subject to civil liability, and no  civil  cause  of  action  of  any
nature  shall  arise  against  such  person  for  any:   (a) information
furnished to law enforcement officials, their agents and employees;  (b)
information furnished to other persons subject to the provisions of this
chapter;  and  (c)  information  furnished  in  reports to the financial
frauds and consumer protection unit, its  agents  or  employees  or  any
state  agency  investigating  fraud  or misconduct relating to financial
fraud, its agents or employees. The superintendent or  any  employee  of
the  financial  frauds  and  consumer protection unit, in the absence of
fraud or bad faith, shall not be subject to civil liability and no civil
cause of action of any nature shall arise against the superintendent  or
any such employee by virtue of the publication of any report or bulletin
related  to the official activities of the financial frauds and consumer
protection unit. Nothing herein is intended to abrogate or modify in any
way any common law privilege  or  immunity  heretofore  enjoyed  by  any
person.
  S 406. Other law enforcement authority, powers and duties not affected
or impaired. This article shall not:
  (a) Preempt the authority or relieve the duty of other law enforcement
agencies to investigate and prosecute suspected violations of law;
  (b)  Prevent  or  prohibit  a  person  from voluntarily disclosing any
information concerning violations of this article to any law enforcement
agency; or
  (c) Limit any of the powers granted elsewhere in the  banking  law  or
insurance  law  or other laws to the superintendent or the department to
investigate possible violations of law  and  take  appropriate  remedial
action.
  S  407.  Financial fraud.  No person shall commit or attempt to commit
financial fraud in this state.
  S 408. Civil penalty.  In addition to any civil or criminal  liability
arising  under  the  provisions  of  this  article, the banking law, the
insurance law or the penal law, the superintendent may collect  restitu-
tion and damages on behalf of any person suffering economic harm arising
from  financial  fraud  and  may levy a civil penalty not exceeding five
thousand dollars for each violation upon any person, including any regu-
lated person under the banking law or the insurance  law  and  any  such
regulated person's employees, who is found, after notice and hearing, to
have committed a financial fraud or otherwise violated the provisions of
this  chapter  or  the  regulations  thereunder. Nothing in this section

S. 2812                            15                            A. 4012

shall preclude the superintendent from imposing any disciplinary  action
against any person, including any regulated person under the banking law
or  the  insurance  law  and any such regulated person's employees.  The
term  violation  shall have the same meaning as that term is interpreted
under section three hundred fifty-d of the general business law.
  S 409. Reports. (a) Whenever the superintendent is  satisfied  that  a
material  financial  fraud  has  been committed or attempted, the super-
intendent shall report any such violation of law, as the  superintendent
deems  appropriate,  to  the  appropriate licensing agency, the district
attorney of the county in which such acts were committed,  when  author-
ized  by  law,  to  the  attorney general, and where appropriate, to the
person who submitted the report of fraudulent activity, as  provided  by
the  provisions  of  this  article.    Within one hundred twenty days of
receipt of the superintendent's report,  the  attorney  general  or  the
district  attorney  concerned  shall inform the superintendent as to the
status of the reported violations.
  (b) No later than March fifteenth of each year, beginning in two thou-
sand twelve, the superintendent  shall  furnish  to  the  governor,  the
speaker  of  the  assembly  and  the temporary president of the senate a
report describing the activities of the  financial  fraud  and  consumer
protection  unit. Such report shall describe (1) the unit's efforts with
respect to (A) frauds against entities regulated under the  banking  and
insurance  laws; and (B) frauds against consumers; (2) the unit's activ-
ities to address consumer complaints; and (3) any recommendations of the
superintendent with respect to changes of  law  that  are  desirable  to
address  gaps  in  protection. The report may address such other matters
relating  to  the  activities  of  the  financial  fraud  and   consumer
protection  unit  as  the  superintendent believes will be useful to the
governor or the legislature.
  (c) No later than March fifteenth of each year beginning in  the  year
two  thousand  twelve,  the superintendent shall submit to the governor,
the state comptroller, the attorney general, the temporary president  of
the  senate, the speaker of the assembly, the chairpersons of the senate
finance and health committees, and  the  assembly  ways  and  means  and
health  committees,  a report summarizing the department's activities to
investigate and combat  health  insurance  fraud  including  information
regarding  referrals  received, investigations initiated, investigations
completed, and any other material necessary or desirable to evaluate the
department's efforts.
                                ARTICLE V
        RESTRICTIONS ON OFFICERS AND EMPLOYEES OF THE DEPARTMENT
Section 501. Restrictions on officers and employees of  the  department;
               penalty.
  S  501.  Restrictions  on  officers  and  employees of the department;
penalty. (a) No officer or employee of the  department  shall  obtain  a
loan  from  any  regulated person or be interested in any such regulated
person as a director, partner,  officer,  attorney,  agent,  trustee  or
employee,  or  own or deal in, either directly or indirectly, the stocks
or obligations of any  such  regulated  person.    A  violation  of  the
provisions  of  this section by any officer or employee shall constitute
sufficient grounds for his or her removal by the superintendent.
  (b) Nothing in this section shall be construed to prohibit any officer
or employee from obtaining financing upon his or her primary or  second-
ary  residence,  provided that the premises securing such loan are occu-
pied by such employee, and further provided that such loan  is  reported
to  the  department,  which shall keep a record thereof. The term "resi-

S. 2812                            16                            A. 4012

dence," for the purposes of this section, shall mean a single family  or
two  family  residence,  condominium apartment or cooperative apartment,
occupied in whole or in part, by  the  officer  or  employee.  The  term
"cooperative  apartment"  means a residence where ownership is evidenced
by certificates of stock or other evidence of an ownership interest  in,
and  a  proprietary  lease from, a corporation or partnership formed for
the purpose of the cooperative ownership of real estate.
  (c) Nothing in this section shall be construed to prohibit any officer
or employee from:  (1) obtaining a loan secured by an assignment of  his
or  her deposit in a banking organization, or an assignment or pledge of
his or her shares in a savings and loan association or credit union; (2)
accepting dealer financing of an automobile,  truck  or  other  personal
property  for  the  sole  reason that the financing company is chartered
under article twelve of the banking law; or  (3)  owning  shares  of  an
investment  company  (mutual  fund)  that may incidentally invest in the
securities of any  entity  licensed  or  regulated  by  the  department,
provided that the purpose of the investment portfolio of such investment
company  may not be to invest primarily or exclusively in the securities
of banking or insurance entities. For purposes of this section,  invest-
ment  companies include open-end and closed-end investment companies and
unit investment trusts as those terms are defined in an Act of  Congress
entitled "The Investment Company Act of 1940," as amended.
  (d)  Nothing in this section shall be construed to prevent any officer
or employee from becoming a policyholder of any insurer, or  prevent  or
impair the ability of the superintendent to act as a liquidator, rehabi-
litator,  or  conservator pursuant to article seventy-four of the insur-
ance law or article thirteen of the banking law.
  (e) The superintendent may  promulgate  policies  and  procedures  for
exempting particular employees, or classes of employees, from investment
restrictions  in  subsection (a) of this section as to regulated persons
with which such employee or class  of  employees  has  no  authority  or
involvement.
  (f)  This section shall not apply to investments held in a blind trust
approved by the superintendent or the superintendent's designee.
  S 2. Article 2-B of the banking law is REPEALED.
  S 3. Section 401 of the insurance law is amended to read as follows:
  S 401. Title; legislative declaration and purpose. This article  shall
be known and may be cited as the "insurance frauds prevention act".
  (a)  The legislature finds and declares that the business of insurance
directly and indirectly affects all sectors of the public, business  and
government.  It  further finds that the business of insurance, including
organization and licensing, the issuance of policies, and the adjustment
and payment of claims and losses, involve many transactions  which  have
potential for abuse and illegal activities.
  (b)  [The superintendent and the department have broad authority under
this chapter to investigate activities which may be  fraudulent  and  to
develop  evidence  thereon.  This article is intended to permit the full
utilization of the expertise of the superintendent and the department so
that they  may  more  effectively  investigate  and  discover  insurance
frauds,  halt  fraudulent  activities  and assist and receive assistance
from federal and state law enforcement agencies in  the  prosecution  of
persons who are parties to insurance frauds.
  (c)]  Arson  for  insurance  fraud  is  a  particularly damaging crime
against society, destroying lives, property and neighborhoods.    Insur-
ance  losses  resulting  from  arson  are  reflected  in higher premiums
charged to residents of this state.

S. 2812                            17                            A. 4012

  [(d)] (C) This article establishes a framework within which the super-
intendent and the department can more effectively assist in  the  elimi-
nation  of  arson for insurance fraud. That increased capacity, together
with a more effective monitoring of fire loss claims and payments by the
insurance  industry  through  centralized  reporting  and  oversight, is
intended to make it more difficult to perpetrate the crime of  insurance
fraud by arson.
  S 4. Section 402 of the insurance law is REPEALED.
  S 5. Subsection (c) of section 403 of the insurance law is REPEALED.
  S 6. Subsection (a) of section 404 of the insurance law, as amended by
chapter 499 of the laws of 2009, is amended to read as follows:
  (a)  If  the  [insurance  frauds  bureau] SUPERINTENDENT has reason to
believe that a person has engaged in, or is engaging in, an act  defined
in  section 155.05 of the penal law, with respect to personal or commer-
cial insurance transactions, the business of life  settlements,  section
176.05  or  section 176.40 of such law, the superintendent may make such
investigation within or without this state as the  superintendent  deems
necessary  to  aid  in  the  enforcement of this chapter or to determine
whether any person  has  violated  or  is  about  to  violate  any  such
provision of the penal law.
  S  7.  Section  405 of the insurance law, as amended by chapter 499 of
the laws of 2009, paragraph 11 of subsection (d) as amended  by  chapter
11 of the laws of 2010, is amended to read as follows:
  S  405. Reports. (a) Any person licensed or registered pursuant to the
provisions of this chapter, and any person engaged in  the  business  of
insurance  or life settlement in this state who is exempted from compli-
ance with the licensing requirements  of  this  chapter,  including  the
state  insurance  fund  of this state, who has reason to believe that an
insurance transaction or life settlement act may be fraudulent,  or  has
knowledge  that  a  fraudulent  insurance transaction or fraudulent life
settlement act is about to take place, or has taken place shall,  within
thirty  days  after  determination  by  such person that the transaction
appears to be fraudulent, send to the [insurance frauds  bureau]  SUPER-
INTENDENT  on  a  form prescribed by the superintendent, the information
requested by the form and such additional information  relative  to  the
factual circumstances of the transaction and the parties involved as the
superintendent may require. The [insurance frauds bureau] SUPERINTENDENT
shall  accept  reports of suspected fraudulent insurance transactions or
fraudulent life settlement acts from any self insurer, including but not
limited to self insurers providing health insurance  coverage  or  those
defined  in  section  fifty  of the workers' compensation law, and shall
treat such reports as any other received pursuant to this section.
  (b) The [insurance frauds bureau]  SUPERINTENDENT  shall  review  each
report  and undertake such further investigation as [it] THE SUPERINTEN-
DENT deems necessary and proper to determine the validity of the allega-
tions.
  [(c) Whenever the superintendent is satisfied that a  material  fraud,
deceit, or intentional misrepresentation has been committed in an insur-
ance  transaction  or  in  the business of life settlements or purported
insurance transaction or business of life settlements, he or  she  shall
report  any  such  violation of law to the appropriate licensing agency,
the district attorney of the county in which such acts  were  committed,
when  authorized by law, to the attorney general, and where appropriate,
to the person who  submitted  the  report  of  fraudulent  activity,  as
provided  by  the  provisions of this article. Within one hundred twenty
days of receipt of the superintendent's report, the attorney general  or

S. 2812                            18                            A. 4012

the  district  attorney  concerned shall inform the superintendent as to
the status of the reported violations.
  (d)  No later than March fifteenth of each year, beginning in nineteen
hundred ninety-four, the superintendent shall furnish to  the  governor,
the  speaker  of  the assembly and the president pro tem of the senate a
report containing:
  (1) a comprehensive summary and  assessment  of  the  frauds  bureau's
efforts  in discovering, investigating and halting fraudulent activities
and assisting in the prosecution of persons who are parties to insurance
fraud or life settlement fraud;
  (2) the number of reports received from any person or persons  engaged
in the business of insurance or life settlements, the number of investi-
gations  undertaken  by the bureau pursuant to any reports received, the
number of investigations undertaken not as a result of reports received,
the number of investigations that resulted in a referral to a  licensing
agency,  a  local prosecutor or the attorney general, the number of such
referrals pursued by a licensing  agency,  a  local  prosecutor  or  the
attorney general, and the disposition of such cases;
  (3)  a delineation of the number of reported and investigated cases by
line of insurance and those that relate to life settlements;
  (4) a comparison of the frauds bureau's  experience,  with  regard  to
paragraphs  two and three of this subsection, to the bureau's experience
of years past;
  (5) the total number of employees assigned to the frauds bureau delin-
eated by title and location of bureau assigned;
  (6) an assessment of the activities of insurance  companies  and  life
settlement  providers  activities  in regard to detecting, investigating
and reporting fraudulent activities, including a list of companies which
maintain special investigative units for the sole purpose of  detecting,
investigating  and  reporting  fraudulent  activities  and the number of
investigators assigned to such units per every thirty thousand  policies
or life settlement contracts in force with such company or provider;
  (7)  the  amount  of  technical  and monetary assistance requested and
received by the frauds bureau from any insurance company  or  companies,
any life settlement provider or providers, or any organization funded by
insurance companies or life settlement providers;
  (8)  the  amount  of  money returned by the frauds bureau to insurance
companies pursuant to any fraudulent claims that were  recouped  by  the
bureau;
  (9)  the  number  and  amount  of civil penalties levied by the frauds
bureau pursuant to chapter four hundred eighty of the laws  of  nineteen
hundred ninety-two;
  (10)  recommendations  for further statutory or administrative changes
designed to meet the objectives of this article; and
  (11) an assessment of law enforcement and insurance company activities
to detect and curtail the incidence of operating a motor vehicle without
proper insurance coverage as required by this chapter and the  incidence
of  misrepresentation  by  insureds  of  the principal place where motor
vehicles are garaged and driven.]
  S 8. Sections 406, 407-a and 410 of the insurance law are REPEALED.
  S 9. Paragraph 1 of subsection (c) of section  409  of  the  insurance
law,  as added by chapter 635 of the laws of 1996, is amended to read as
follows:
  (1)  interface  of  special  investigation  unit  personnel  with  law
enforcement and prosecutorial agencies[, including] AND WITH the [insur-

S. 2812                            19                            A. 4012

ance frauds bureau] FINANCIAL FRAUDS AND CONSUMER PROTECTION UNIT of the
[state insurance department] DEPARTMENT OF FINANCIAL REGULATION;
  S  10.  Paragraph  1 of subsection (b) of section 411 of the insurance
law, as added by chapter 499 of the laws of 2009, is amended to read  as
follows:
  (1)  interface  of  special  investigations  unit  personnel  with law
enforcement and prosecutorial agencies, including the [insurance  frauds
bureau] FINANCIAL FRAUDS AND CONSUMER PROTECTION UNIT in the department;
  S  11. Section 11 of the banking law, as amended by chapter 684 of the
laws of 1938, the section heading as amended by chapter 777 of the  laws
of  1939,  subdivisions 1 and 4 as amended by chapter 566 of the laws of
2004 and subdivision 3 as amended by chapter 276 of the laws of 1990, is
amended to read as follows:
  S 11. [Banking department; official]  DEPARTMENT  OF  FINANCIAL  REGU-
LATION;  OFFICIAL documents; destruction of documents; official communi-
cations. 1. The [banking] department shall be charged with the execution
of the laws relating to the individuals, partnerships, corporations  and
other  entities  to  which this chapter is applicable and shall exercise
such powers and perform such duties as are conferred and imposed upon it
by this chapter, or by any law of this state. [The principal  office  of
the department shall be in the city of Albany.
  2.  Every  paper executed by an officer of the department in pursuance
of authority conferred by law and sealed with the official seal  of  the
department  shall  be  received  in evidence, and may be recorded in the
proper recording offices in the same manner and with the same effect  as
a deed regularly acknowledged.
  3.]  2. (a) Except as specified in paragraph (b) or (c) of this subdi-
vision, any report expressly required to be rendered to the  superinten-
dent  under  any provision of this chapter, any report of an examination
made in accordance with any provision of this chapter, and any  oath  or
declaration  of  office  received by the department shall be retained in
such form and for such period as the superintendent finds necessary  and
proper. After such period the superintendent shall recommend disposal of
such material in accordance with the provisions of the arts and cultural
affairs law.
  (b)  Reports  made  in  accordance with section twenty-eight-b of this
[chapter] ARTICLE or pursuant to the rules and regulations of the [bank-
ing board] SUPERINTENDENT promulgated in  connection  with  assessing  a
banking organization's record of performance in meeting the credit needs
of  local  communities  within  the meaning of section twenty-eight-b of
this [chapter] ARTICLE,  including  reports  expressly  required  to  be
rendered  to  the  superintendent  and  reports  of  examinations may be
destroyed at the direction of the superintendent and in accordance  with
the  provisions  of  the arts and cultural affairs law after three years
from date of receipt thereof, provided any such report  has  first  been
photographed,  microphotographed  or  otherwise  reproduced.   Each such
reproduction shall be retained in the files  of  the  department  for  a
period  of  at  least  fifteen  years from the date of the last received
report, oath or declaration appearing thereon. After the  expiration  of
such  period, such reproduction may be destroyed at the direction of the
superintendent and in accordance with the provisions  of  the  arts  and
cultural affairs law. Such reproduction thereof shall be deemed, for any
purpose, the equivalent of the original of such report.  Any such report
not so reproduced shall be retained in the files of the department for a
period of at least fifteen years from the date of receipt thereof, after

S. 2812                            20                            A. 4012

which  it may be destroyed at the direction of the superintendent and in
accordance with the provisions of the arts and cultural affairs law.
  (c)  This  subdivision  shall  not  apply to any records, documents or
correspondence referred to in subdivision four of  section  six  hundred
twenty-seven of this chapter.
  4.  Any  communication  from  the  [banking] department to any person,
partnership, corporation or other entity may contain  a  direction  that
such communication shall be presented to the controlling owners or prin-
cipal  management  of such entity, members of such partnership or to the
board of directors or trustees  of  such  corporation.  A  communication
containing  such  direction shall be for the purposes of this chapter an
official  communication.  The  superintendent  may,  in   his   or   her
discretion,  notify  in  writing each owner or principal manager of such
entity, every member of such partnership and every director  or  trustee
of  such corporation of the sending of such a communication and, in that
event the notification shall state the date of such communication.
  S 12. Section 12 of the banking law is REPEALED.
  S 12-a. Sections 204, 301, 302, 303, 304, 305, 306, 313, 326  and  327
of the insurance law are REPEALED.
  S  13.  Paragraphs  17  and 41 of subsection (a) of section 107 of the
insurance law are amended to read as follows:
  (17) "Department" means the [insurance] department OF FINANCIAL  REGU-
LATION of this state.
  (41)  "Superintendent"  means the superintendent of [insurance] FINAN-
CIAL REGULATION of this state.
  S 13-a. Section 2 of the banking law is  amended  by  adding  two  new
subdivisions 28 and 29 to read as follows:
  (28) "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCIAL REGULATION OF THIS
STATE.
  (29) "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF FINANCIAL REGULATION
OF THIS STATE.
  S  14.  Paragraphs  (b) and (e) of subdivision 1 of section 169 of the
executive law, paragraph (b) as amended by section 1 of part F of  chap-
ter  56  of the laws of 2005, and paragraph (e) as separately amended by
section 11 of part A-1 and section 10 of part O of  chapter  56  of  the
laws of 2010, are amended to read as follows:
  (b)  commissioner  of  labor,  chairman  of public service commission,
commissioner of taxation and finance, superintendent of  [banks]  FINAN-
CIAL REGULATION, commissioner of criminal justice services, [superinten-
dent  of  insurance,] and commissioner of parks, recreation and historic
preservation;
  (e) chairman of state athletic  commission,  [chairman  and  executive
director of consumer protection board,] director of the office of victim
services,  chairman of human rights appeal board, chairman of the indus-
trial board of appeals, chairman of the state commission of  correction,
members of the board of parole, members of the state racing and wagering
board,  member-chairman of unemployment insurance appeal board, director
of veterans' affairs, and vice-chairman  of  the  workers'  compensation
board;
  S 15. Section 332 of the insurance law is REPEALED.
  S 16. Section 17 of the banking law is REPEALED.
  S 17. Section 13 of the banking law is REPEALED.
  S 18. Section 201 of the insurance law is REPEALED.
  S 19. Section 202 of the insurance law is REPEALED.
  S 20. Article 20 of the executive law is REPEALED.
  S 21. Section 192-d of the agriculture and markets law is REPEALED.

S. 2812                            21                            A. 4012

  S 22. Section 285 of the agriculture and markets law is REPEALED.
  S  23.  Subdivision 1 of section 5010 of the education law, as amended
by chapter 604 of the laws of 1993, is amended to read as follows:
  1. An advisory council for  registered  business  and  licensed  trade
schools  is  hereby  created  for  the  purpose of advising the board of
regents and the commissioner as provided herein. The  council  shall  be
composed  of eleven members appointed by the governor, two of whom shall
be upon the recommendation of the temporary president of the senate, two
of whom shall be upon the recommendation of the speaker of the assembly,
one of whom shall be upon the recommendation of the minority  leader  of
the  senate  and  one  of  whom  shall be upon the recommendation of the
minority leader of the assembly. Of  the  five  remaining  members,  one
shall  be  an  owner  or director of a school regulated pursuant to this
article, one shall be a  currently  enrolled  student  at  the  time  of
appointment  or  a  graduate of such a school who graduated within three
years of appointment and one shall be a student advocate.  The  governor
shall  designate  a  chairperson from such members.  The commissioner of
education, the president of the higher education  services  corporation,
the [chair of the consumer protection board] SUPERINTENDENT OF FINANCIAL
REGULATION, the comptroller, the director of the division of the budget,
and  the  executive director of the job training partnership council, or
their designees, shall serve as ex-officio, non-voting  members  of  the
council.
  S  24.  Subdivision  1 of section 6-102 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
  1. There shall be established a state energy planning  board,  herein-
after  referred  to  as the "board", which shall consist of the chair of
the public service commission, the commissioner of environmental conser-
vation, the commissioner of economic development,  the  commissioner  of
transportation,  the  commissioner  of  labor, the director of the state
emergency management office,  [the  chair  of  the  consumer  protection
board,]  the commissioner of health, the president of the New York state
urban development corporation, the secretary of state and the  president
of  the  New  York  state energy research and development authority. The
governor, the speaker of the assembly and the temporary president of the
senate shall each appoint one representative to serve on the board.  The
presiding officer of the federally designated electric bulk system oper-
ator (BSO) shall serve as a non-voting member of the board. Any decision
or  action  by the board shall be by majority vote. The president of the
New York state energy research and development authority shall serve  as
chair  of  the  board.   Members of the board may designate an executive
staff representative to participate on the board on their behalf.
  S 25. Section 12-101-a of the energy law, as added by  chapter  83  of
the laws of 1995, is amended to read as follows:
  S  12-101-a.  Administration.   Notwithstanding any other provision of
law, the  [state  consumer  protection  board]  NEW  YORK  STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY shall be deemed to have the responsi-
bility and authority to implement the provisions of this article.
  S  26. Section 17-102 of the energy law, as added by chapter 83 of the
laws of 1995, is amended to read as follows:
  S 17-102. Administration.  Notwithstanding any other provision of law,
the [state consumer protection board] NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY shall be deemed to  have  the  responsibility  and
authority to implement the provisions of this article.

S. 2812                            22                            A. 4012

  S 27. Paragraph (a) of subdivision 7 of section 208 of the state tech-
nology law, as amended by chapter 491 of the laws of 2005, is amended to
read as follows:
  (a)  In  the event that any New York residents are to be notified, the
state entity shall notify the  state  attorney  general,  [the  consumer
protection  board,] THE DEPARTMENT OF FINANCIAL REGULATION and the state
office of cyber security and critical infrastructure coordination as  to
the  timing,  content  and  distribution  of the notices and approximate
number of affected persons. Such notice shall be made  without  delaying
notice to affected New York residents.
  S 28. Article 14-A of the general business law is REPEALED.
  S  29.  Subdivision  1  of  section 442-i of the real property law, as
added by chapter 248 of the laws of 1995, is amended to read as follows:
  1. There is hereby established within the department of state a  state
real  estate  board  which shall consist of the secretary of state, [the
executive director of the consumer protection board]  SUPERINTENDENT  OF
FINANCIAL  REGULATION, and thirteen additional members. At least five of
these members shall be "real estate brokers", each of whom, at the  time
of  appointment, shall be licensed and qualified as a real estate broker
under the laws of New York state and shall have been engaged in the real
estate business in this state for a period of not less  than  ten  years
prior  to appointment.   The remaining members shall be "public members"
who shall not be real estate licensees.
  S 30. Subdivisions 1 and 4 of section 490-a of  the  general  business
law  are  REPEALED and two new subdivisions 1 and 4 are added to read as
follows:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH.
  4. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH.
  S 31. Paragraph (d) of subdivision 1 of section 490-d of  the  general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (d)  Provide  notification to the [board] DEPARTMENT of such recall or
warning.
All notices under this subdivision must include in a clear and conspicu-
ous fashion a description of the product, the reason for the  recall  or
warning,  a picture of the product if available, and instructions on how
to return or exchange the recalled product. Such  notice  shall  include
only the product recall or warning information and may not include sales
or marketing information on that product or any other product, excluding
return and exchange policies.
  S  32.  Paragraph (b) of subdivision 2 of section 490-d of the general
business law, as added by chapter 553 of the laws of 2008, is amended to
read as follows:
  (b) The commercial dealer shall  provide  to  the  [board]  DEPARTMENT
certification  of  disposition  for such recalled products within ninety
days after the issuance of the recall, unless upon  written  application
by such dealer the [board] DEPARTMENT determines an extension of time is
warranted.
  S  33.  Sections 490-g and 490-h of the general business law, as added
by chapter 553 of the laws of 2008, are amended to read as follows:
  S 490-g. Enforcement. 1. Where it is determined after a  hearing  that
any  person  has  violated  one  or more provisions of this article, the
[director] COMMISSIONER may assess a civil penalty no greater than  five
thousand  dollars  for each violation. Any proceeding conducted pursuant
to this section shall be subject to the state  administrative  procedure
act. Upon the occasion of a second violation or subsequent violations of

S. 2812                            23                            A. 4012

this article, a civil penalty no greater than fifty thousand dollars may
be assessed.
  2.  The  [board]  DEPARTMENT  shall  provide  the attorney general any
information  on  recalled  or  unsafe  products,  complaints   regarding
recalled  or  unsafe  products  and  violations of this section that are
necessary for the purposes of enforcement by the attorney general pursu-
ant to section sixty-three of the executive law.
  3. The [director] COMMISSIONER or his or her designee  may  administer
oaths and take affidavits in relation to any matter or proceeding in the
exercise  of  the  powers  and duties under this article. The [director]
COMMISSIONER or his or her designee may subpoena and require the attend-
ance of witnesses and the production of books, papers, contracts and any
other documents pertaining to any  investigation  or  hearing  conducted
pursuant to this article.
  4.  If  any person refuses to comply with a subpoena issued under this
section, the [board] DEPARTMENT may petition a court of competent juris-
diction to enforce the subpoena and such  sanctions  as  the  court  may
direct.
  5.  Nothing  in  this section shall be construed to restrict any right
which any person may have under any other statute or at common law.
  S 490-h. Promulgation of rules and regulations. The [board] DEPARTMENT
shall promulgate rules and regulations to administer this article.
  S 34. Subdivision 9 of section 349-d of the general business  law,  as
added by chapter 416 of the laws of 2010, is amended to read as follows:
  9.  The  attorney general, upon his or her own motion or upon referral
from the public service commission, the Long Island power  authority  or
the   [state   consumer   protection   board]  DEPARTMENT  OF  FINANCIAL
REGULATION, may bring a civil action against any energy services company
that violates any provision of this section and may recover (a) a  civil
penalty  not to exceed one thousand dollars per violation; and (b) costs
and reasonable attorney's fees. In any such  proceeding  the  court  may
direct restitution.
  S  35. Subdivisions (b) and (c) of section 372 of the general business
law, as added by section 6 of part VV of chapter 59 of the laws of 2009,
are amended to read as follows:
  (b) The department shall, in accordance with  regulations  promulgated
by  the commissioner of taxation and finance, produce and make available
to taxpayers and tax preparers an informational flier regarding  consum-
ers'  rights  and laws concerning tax preparers to be called a "consumer
bill of rights regarding tax preparers". The  department  shall  consult
with the [state consumer protection board] DEPARTMENT OF FINANCIAL REGU-
LATION  to  enhance distribution of fliers to consumers. The flier shall
also be made  available  on  the  department  and  the  [state  consumer
protection  board's] DEPARTMENT OF FINANCIAL REGULATION'S internet site,
and shall contain information including, but not limited to, the follow-
ing:
  (1) postings required by state and federal laws, such as price posting
and posting of qualifications;
  (2) explanations of some of the commonly offered services and industry
jargon, such as preparation of short and  long  federal  forms,  refund,
electronic  filing,  express  mail,  direct deposit, refund anticipation
check, refund anticipation loan, quick, instant, rapid, fast,  fee,  and
interest;
  (3) basic information on what a tax preparer is and is not required to
do  for  a  consumer,  such  as  the preparer's responsibility to sign a
return, that a tax preparer may not be required to accompany a  consumer

S. 2812                            24                            A. 4012

to  an  audit  but  the company may have a voluntary policy to accompany
consumers to audits; and
  (4)  the  telephone  numbers  of  the  department  for information and
complaints.
  The flier shall be in a form which is easily reproducible by photocopy
machine.
  (c) The department shall  coordinate  its  response  to  consumer  tax
preparer  complaints  with the [state consumer protection board] DEPART-
MENT OF FINANCIAL REGULATION,  pursuant  to  subdivision  [(b)]  ONE  of
section five hundred fifty-three of the executive law, as the department
deems appropriate.
  S 36. Subdivision (g) of section 380-t of the general business law, as
amended  by  chapter  279  of  the  laws  of 2008, is amended to read as
follows:
  (g) The [consumer protection board] DEPARTMENT OF FINANCIAL REGULATION
shall monitor the state of technology relating to the means available to
process requests for the lifting or removal of a  security  freeze,  and
shall report to the legislature when it is determined that the technolo-
gy  to  process requests for the lifting or removal of a security freeze
in a shorter period of time than that set forth in  subdivision  (e)  of
this section is available.
  S  37.  Subdivision 3 of section 390-c of the general business law, as
added by chapter 509 of the laws of 2007, is amended to read as follows:
  3. The [consumer protection board] DEPARTMENT OF FINANCIAL  REGULATION
shall  establish an internet security website or webpage, that includes,
but is not limited to, an explanation of what  a  firewall  is  and  the
importance of other internet security measures.
  S  38. Subdivision 2 of section 399-dd of the general business law, as
added by chapter 519 of the laws of 2006, is amended to read as follows:
  2. The [consumer protection board, in consultation with the] office of
parks, recreation and historic preservation[,]  shall  promulgate  rules
and regulations for the design, installation, inspection and maintenance
of   playgrounds  and  playground  equipment.  Those  regulations  shall
substantially  comply  with  the  guidelines  and  criteria  which   are
contained  in  the handbook for public playground safety produced by the
United States consumer products safety commission or any successor.  The
rules  and  regulations shall include special provisions for playgrounds
appropriate for children within the range of ages in day care settings.
  S 39. Paragraphs a and b of subdivision 1  of  section  399-z  of  the
general  business  law  are REPEALED, and two new paragraphs a and b are
added to read as follows:
  A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
  B. "SECRETARY" SHALL MEAN THE SECRETARY OF STATE.
  S 40. Subdivision 4 of section 399-z of the general business  law,  as
amended  by  chapter  344  of  the  laws  of 2010, is amended to read as
follows:
  4. a. The [board] DEPARTMENT is authorized to establish,  manage,  and
maintain  a  no telemarketing sales calls statewide registry which shall
contain a list of customers who do not wish to receive unsolicited tele-
marketing sales calls.  The  [board]  DEPARTMENT  may  contract  with  a
private vendor to establish, manage and maintain such registry, provided
the  private vendor has maintained national no telemarketing sales calls
registries for more than two years, and the contract requires the vendor
to provide the no telemarketing sales calls registry in a  printed  hard
copy format and in any other format as prescribed by the board.

S. 2812                            25                            A. 4012

  b.  The [board] DEPARTMENT is authorized to have the national "do-not-
call" registry established, managed and maintained by the federal  trade
commission  pursuant  to 16 C.F.R. Section 310.4 (b) (1) (iii) (B) serve
as the New York state no telemarketing sales  calls  statewide  registry
provided  for by this section. The [board] DEPARTMENT is further author-
ized to take whatever administrative actions may be necessary or  appro-
priate  for such transition including, but not limited to, providing the
telephone numbers of New York customers registered on the no telemarket-
ing sales calls statewide registry to the federal trade commission,  for
inclusion on the national "do-not-call" registry.
  S 41. Subdivisions 6, 7 and 8 of section 399-z of the general business
law, subdivisions 6 and 8 as amended and subdivision 7 as added by chap-
ter 344 of the laws of 2010, are amended to read as follows:
  6.  a. The [board] DEPARTMENT shall provide notice to customers of the
establishment of the national "do-not-call" registry. Any  customer  who
wishes  to  be  included on such registry shall notify the federal trade
commission as directed by relevant federal regulations.
  b. Any company that provides local telephone directories to  customers
in  this  state  shall  inform  its  customers of the provisions of this
section by means of publishing a notice in such local telephone directo-
ries.
  7. When the [board] DEPARTMENT has reason to  believe  a  telemarketer
has  engaged  in repeated unlawful acts in violation of this section, or
when a notice of hearing has been issued pursuant to  subdivision  eight
of  this  section,  the  [board]  DEPARTMENT  may request in writing the
production of relevant documents and records as  part  of  its  investi-
gation.  If  the person upon whom such request was made fails to produce
the documents or records within  thirty  days  after  the  date  of  the
request,  the [board] DEPARTMENT may issue and serve subpoenas to compel
the production of such documents and records. If any person shall refuse
to comply with a subpoena issued under this section, the [board] DEPART-
MENT may petition a court  of  competent  jurisdiction  to  enforce  the
subpoena and such sanctions as the court may direct.
  8.  a.  Where  it  is  determined  after  hearing  that any person has
violated one or more provisions of this section, the  [director]  SECRE-
TARY,  or any person deputized or so designated by him or her may assess
a fine not to exceed eleven thousand dollars for each violation.
  b. Any proceeding conducted pursuant to paragraph a of  this  subdivi-
sion shall be subject to the state administrative procedure act.
  c.  Nothing  in  this  subdivision  shall be construed to restrict any
right which any person may have under any other  statute  or  at  common
law.
  S  42.  Subdivision  1  of section 791 of the general business law, as
amended by chapter 133 of the laws  of  1999,  is  amended  to  read  as
follows:
  1.  There  is  created  within the department a hearing aid dispensing
advisory board which shall consist of [thirteen] ELEVEN  members  to  be
appointed  by the secretary: four of whom shall be non-audiologist hear-
ing aid dispensers who shall  have  been  engaged  in  the  business  of
dispensing  hearing aids primarily in this state for at least five years
immediately preceding their appointment, two to be  appointed  upon  the
recommendation of the governor, one to be appointed upon the recommenda-
tion  of  the  temporary president of the senate and one to be appointed
upon the recommendation of the speaker of  the  assembly;  four  members
shall  be audiologists who are engaged in the dispensing of hearing aids
for at least five years immediately preceding their appointment, two  to

S. 2812                            26                            A. 4012

be  appointed  upon  the  recommendation  of  the  governor,  one  to be
appointed upon the recommendation of  the  temporary  president  of  the
senate and one to be appointed upon the recommendation of the speaker of
the  assembly;  two  shall be otolaryngologists; and the remaining three
members, none of whom shall derive nor have derived in the past economic
benefit from the business of dispensing hearing aids, shall be from  the
resident  lay  public  of  this state who are knowledgeable about issues
related to hearing loss. At least one lay member shall be an  individual
representing  adults  over  the  age of fifty.   At least one of the lay
members shall be a hearing aid user. Of the  otolaryngologists  and  lay
members,  one  shall be appointed by the secretary on the recommendation
of the minority leader of the senate and one shall be appointed  by  the
secretary  on  the recommendation of the minority leader of the assembly
and three shall be appointed by the secretary on the  recommendation  of
the  governor. Each member of the board shall be appointed for a term of
two years. Any member may be appointed  for  additional  terms.  In  the
event  that  any  member  shall  die or resign during his or her term, a
successor shall be appointed in the same manner and with the same quali-
fications as set forth in this section. A member may be reappointed  for
successive  terms  but  no  member  shall serve more than a total of ten
years. The secretary or the designee of the secretary shall serve in  an
ex  officio  non-voting  position.  The  secretary shall serve as chair-
person. The commissioner of education, the commissioner of health,  [the
chair  and  executive director of the consumer protection board] and the
attorney general or their designees shall serve as non-voting ex officio
members.
  S 43. Paragraph (a) of subdivision 8 of section 899-aa of the  general
business  law, as amended by chapter 491 of the laws of 2005, is amended
to read as follows:
  (a) In the event that any New York residents are to be  notified,  the
person or business shall notify the state attorney general, the [consum-
er  protection  board,] DEPARTMENT OF FINANCIAL REGULATION and the state
office of cyber security and critical infrastructure coordination as  to
the  timing,  content  and  distribution  of the notices and approximate
number of affected persons. Such notice shall be made  without  delaying
notice to affected New York residents.
  S  44. Subdivision (c) of section 3217 of the insurance law is amended
to read as follows:
  (c)  Prior to the issuance of regulations pursuant  to  this  section,
the  superintendent  shall  afford  the  public, including the companies
affected thereby, reasonable opportunity for comment  and  shall  obtain
the  views,  in writing, of the commissioner of health [and the chairman
of the consumer protection board].
  S 45. Paragraph (a) of subdivision 1 of section  1898  of  the  public
authorities law, as added by chapter 487 of the laws of 2009, is amended
to read as follows:
  (a)  the  president  of  the  authority;  the  secretary of state; the
commissioner of housing  and  community  renewal;  the  commissioner  of
labor;  the  commissioner  of  temporary and disability assistance; [the
chair of the consumer protection board;] the chair of the department  of
public service; the president of the power authority of the state of New
York; the president of the Long Island power authority; the commissioner
of economic development; the commissioner of environmental conservation;
or the designees of such persons; and
  S 46. Section 2803-s of the public health law, as added by chapter 539
of the laws of 2010, is amended to read as follows:

S. 2812                            27                            A. 4012

  S 2803-s. Access to product recall information. The commissioner shall
require  that  every hospital and birth center distribute at the time of
pre-booking or admission directly to each maternity  patient  and,  upon
request,  to  the  general public an informational leaflet. Such leaflet
shall be designed by the commissioner [in conjunction with the executive
director  of the state consumer protection board, on behalf of the state
consumer protection board,] and shall contain information detailing  how
parents or guardians of infants and children can subscribe to the United
States consumer product safety commission's e-mail subscription lists to
receive  consumer  product  recall  and  safety  news by e-mail from the
United States consumer product safety commission and such other material
as deemed appropriate by the commissioner. Such leaflet  shall  be  made
available  to  hospitals  and  birth  centers  by  the department on its
website and shall be provided  in  English,  as  well  as  the  top  six
languages other than English spoken in the state according to the latest
available data from the United States Bureau of Census.
  S  47. Section 24-a of the public service law, as added by chapter 650
of the laws of 1974, is amended to read as follows:
  S 24-a. [1.] Notice to be given to [board] DEPARTMENT  prior  to  rate
increase.
  1.  Notwithstanding  any inconsistent general, special or local law or
rule or regulation to the contrary, the commission shall to  the  extent
the  [board] DEPARTMENT shall so request in any cases or class of cases,
give notice to the [board] DEPARTMENT of any filed  statement  proposing
to  modify  or  increase rates, services, schedule of rates or any other
rating rule or to adopt or amend any rate  or  service  rules  or  regu-
lations  within  five days after the commission shall have received such
statement from any utility subject to its jurisdiction; provided, howev-
er, that in lieu of giving such notice, the commission may  direct  that
the utility give such notice to the [board] DEPARTMENT.
  2.  In  any  such case in which the [board] DEPARTMENT shall file with
the commission a statement of intent to be a party, the [board]  DEPART-
MENT  shall  have  and in its discretion may exercise all the rights and
privileges of a party.
  3. For the purposes of this section, the term  ["board"]  "DEPARTMENT"
shall  mean  the  DEPARTMENT OF STATE [state consumer protection board],
the term "commission" shall mean the public service commission.
  S 48. Section 71 of the public service law, as amended by chapter  217
of the laws of 1978, is amended to read as follows:
  S 71. Complaints  as  to  quality  and  price  of gas and electricity;
investigation by commission; forms of complaints.  Upon the complaint in
writing of the mayor of a city, the trustees  of  a  village,  the  town
board  of  a town or the chief executive officer or the legislative body
of a county in which a person or corporation is authorized  to  manufac-
ture,  convey,  transport,  sell  or supply gas or electricity for heat,
light or power, or upon the complaint in writing of not less than  twen-
ty-five customers or purchasers of such gas or electricity, [or upon the
complaint  in writing of the state consumer protection board,] or upon a
complaint of a gas corporation or electrical  corporation  supplying  or
transmitting  said gas or electricity, as to the illuminating or heating
power, purity or pressure or the rates, charges  or  classifications  of
service of gas, the efficiency of the electric incandescent lamp supply,
the  voltage  of  the  current supplied for light, heat or power, or the
rates charged or classification  of  service  of  electricity  sold  and
delivered  in  such municipality, the commission shall investigate as to
the cause for such complaint. When such complaint is made,  the  commis-

S. 2812                            28                            A. 4012

sion  may,  by  its agents, examiners and inspectors, inspect the works,
system, plant, devices, appliances and methods used by  such  person  or
corporation  in  manufacturing,  transmitting  and supplying such gas or
electricity,  and  may  examine  or  cause  to be examined the books and
papers of such person, or corporation  pertaining  to  the  manufacture,
sale,  transmitting  and  supplying of such gas or electricity. The form
and contents of complaints made as provided in  this  section  shall  be
prescribed  by  the  commission.  Such complaints shall be signed by the
officers, or by the customers, purchasers or  subscribers  making  them,
who  must  add  to their signatures their places of residence, by street
and number, if any.
  S 49. Section 84 of the public service law, as amended by chapter  650
of the laws of 1974, is amended to read as follows:
  S 84. Complaints  as to service and price of steam heat; investigation
by commission; forms of complaints.  Upon the complaint  in  writing  of
the  mayor of the city, the trustees of a village or the town board of a
town in which a person or corporation is authorized to manufacture, sell
or supply steam for heat or power, or upon the complaint in  writing  of
not less than fifty customers or purchasers of such steam heat in cities
of  the first or second class, or of not less than twenty-five in cities
of the third class, or of not less than  ten  elsewhere,  [or  upon  the
complaint  in writing of the state consumer protection board,] as to the
price, pressure or efficiency of steam supplied for heat or power,  sold
and  delivered in such municipality, the commission shall investigate as
to the cause for such  complaint.  When  such  complaint  is  made,  the
commission  may,  by  its  agents, examiners and inspectors, inspect the
work, system, plant, devices, appliances and methods used by such person
or corporation in manufacturing, transmitting and supplying such  steam,
and  may  examine  or  cause to be examined the books and papers of such
person or corporation pertaining to the manufacture, sale,  transmitting
and supplying of such steam. The form and contents of complaints made as
provided  in  this  section  shall be prescribed by the commission. Such
complaint shall be signed by the officers, or by the customers, purchas-
ers or subscribers making them, who must add to their  signatures  their
place of residence, by street and number, if any.
  S  50.  Section  89-i of the public service law, as amended by chapter
651 of the laws of 1974, is amended to read as follows:
  S 89-i. Complaints as to price of water; investigation by  commission;
forms  of  complaints.   Upon the complaint in writing of the mayor of a
city, the trustees of a village or the town board of a town in  which  a
person  or  corporation  is authorized to supply or distribute water for
domestic, commercial or public uses, or upon the complaint in writing of
not less than twenty-five customers or purchasers of such water in  such
municipality  or  upon  complaint of a water-works corporation supplying
such water, as to the rates, charges or classifications of  service  for
water sold and delivered in such municipality, [or upon the complaint in
writing  of  the  state consumer protection board,] or as to the methods
employed in furnishing such service, the commission shall investigate as
to the cause of such complaint. When such complaint is made, the commis-
sion may, by its agents, examiners and inspectors,  inspect  the  works,
system,  plant, devices, appliances and methods used by such water-works
corporation in supplying and distributing such water, and may examine or
cause to be examined the books and papers  of  such  water-works  corpo-
ration  pertaining  to the supplying and distributing of such water. The
form and contents of complaints made as provided in this  section  shall
be  prescribed by the commission. Such complaints shall be signed by the

S. 2812                            29                            A. 4012

officers, or by the customers, purchasers or  subscribers  making  them,
who  must  add  to their signatures their places of residence, by street
and number, if any.
  S  51.  Subdivision  3  of  section  96  of the public service law, as
amended by chapter 650 of the laws  of  1974,  is  amended  to  read  as
follows:
  3.  Complaints  may  be  made to the commission [by the state consumer
protection board or] by any person or corporation aggrieved, by petition
or complaint in writing, setting forth any act done  or  omitted  to  be
done by any telegraph corporation or telephone corporation alleged to be
in  violation  of the terms or conditions of its franchise or charter or
of any order  of  the  commission.  Upon  the  presentation  of  such  a
complaint  the  commission shall cause a copy thereof to be forwarded to
the person or corporation complained of which may be accompanied  by  an
order  directed to such person or corporation requiring that the matters
complained of be satisfied or that the charges be  answered  in  writing
within a time to be specified by the commission. If the person or corpo-
ration  complained  of  shall make reparation for any injury alleged and
shall cease to commit or permit the violation of law, franchise, charter
or order charged in the complaint, if any there be, and shall notify the
commission of that fact before the time allowed for answer, the  commis-
sion  need  take  no  further  action upon the charges. If, however, the
charges contained in such petition be not thus satisfied  and  it  shall
appear  to the commission that there are reasonable grounds therefor, it
shall investigate such charges in such manner and by such  means  as  it
shall deem proper and take such action within its powers as the facts in
its judgment justify.
  S  52.  Paragraph 2 of subdivision (n) of section 1817 of the tax law,
as amended by section 30 of subpart I of part V-I of chapter 57  of  the
laws of 2009, is amended to read as follows:
  (2)   The  commissioner,  [in  cooperation  with  the  state  consumer
protection board,] shall monitor the prices charged by  persons  engaged
in the retail sale or distribution of motor fuel and diesel motor fuel.
  S 53. Section 97-www of the state finance law, as added by chapter 547
of the laws of 2000, is amended to read as follows:
  S  97-www. [1.] Consumer protection account. 1. There is hereby estab-
lished in the joint custody of the state comptroller and the commission-
er of taxation and finance an account within the  miscellaneous  special
revenue fund to be known as the "consumer protection account."
  2.  Such  account  shall consist of all fees and penalties received by
the [state consumer protection board] DEPARTMENT OF STATE AND DEPARTMENT
OF FINANCIAL REGULATION pursuant to article ten-B of the personal  prop-
erty law[,] AND section three hundred ninety-nine-z of the general busi-
ness  law,  ALL  PENALTIES  IMPOSED BY THE FINANCIAL FRAUDS AND CONSUMER
PROTECTION UNIT UNDER SECTION FOUR HUNDRED EIGHT OF THE FINANCIAL  REGU-
LATION  AND PROTECTION LAW and any additional monies appropriated, cred-
ited or transferred to such account by  the  Legislature.  Any  interest
earned  by  the  investment  of monies in such account shall be added to
such account, become part of such account, and be used for the  purposes
of such account.
  3.  Monies  in  the  account shall be available to the [state consumer
protection board for the payment of costs of producing and  distributing
educational  materials and conducting educational activities relating to
the promotion of the "unsolicited telemarketing sales call registry" and
all related costs and expenditures incurred  in  the  administration  of
section  three  hundred  ninety-nine-z  of  the general business law and

S. 2812                            30                            A. 4012

article ten-B of the personal  property  law]  DEPARTMENT  OF  FINANCIAL
REGULATION  FOR  ALL  COSTS AND EXPENDITURES RELATED TO ITS CONSUMER AND
INVESTOR PROTECTION ACTIVITIES.
  4. Monies in the account shall be paid out of the account on the audit
and  warrant  of the state comptroller on vouchers certified or approved
by the [state consumer protection board] DEPARTMENT OF  FINANCIAL  REGU-
LATION or any officer or employee designated by the [executive director]
SUPERINTENDENT OF FINANCIAL REGULATION.
  S 54. Intentionally omitted.
  S  55.  Paragraph  1 of subsection (c) of section 109 of the insurance
law is amended to read as follows:
  (1) If the superintendent finds after  notice  and  hearing  that  any
authorized  insurer,  representative  of  [such]  THE  insurer, licensed
insurance agent, licensed insurance broker [or], licensed  adjuster,  OR
ANY  OTHER  PERSON OR ENTITY LICENSED, CERTIFIED, REGISTERED, OR AUTHOR-
IZED PURSUANT TO THIS CHAPTER, has wilfully violated the  provisions  of
this  chapter[,  he]  OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT may order [such insurer, representative,  agent,  broker,
or  adjuster,  as  the  case may be,] THE PERSON OR ENTITY, EXCEPT FOR A
PERSON OR ENTITY LICENSED PURSUANT TO ARTICLE TWENTY-ONE OR  SIXTY-EIGHT
OF  THIS  CHAPTER, to pay to the people of this state a penalty in a sum
not exceeding [five  hundred]  TEN  THOUSAND  dollars  for  each  [such]
offense.    THE  SUPERINTENDENT  MAY ORDER ANY PERSON OR ENTITY LICENSED
PURSUANT TO ARTICLE TWENTY-ONE OR SIXTY-EIGHT OF THIS CHAPTER TO PAY  TO
THE  PEOPLE  OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING TWO THOUSAND
FIVE HUNDRED DOLLARS FOR EACH OFFENSE.
  S 56. Section 203 of the insurance law is REPEALED.
  S 57. Section 209 of the insurance law is REPEALED.
  S 58. Section 210-a of the insurance law is REPEALED.
  S 59. Section 211 of the insurance law is REPEALED.
  S 60. Section 212 of the insurance law is REPEALED.
  S 61. Section 214 of the insurance law, as added by chapter 77 of  the
laws of 2008, is amended to read as follows:
  S  214.  Report  on insurance agent licensing examinations. The super-
intendent shall perform a study of the insurance agent  licensure  exam-
inations  required pursuant to section two thousand one hundred three of
this chapter. The study shall, at a minimum, include the total number of
examinees, the passing rate of all examinees, and the mean scores on the
examination. Additionally,  the  study  shall  examine  the  correlation
between  these  statistics and the applicants' native language, level of
education, gender, race and ethnicity. The study shall be  completed  by
[January first] MARCH FIFTEENTH, two thousand [nine] ELEVEN, and annual-
ly thereafter.
  S 62. Subsection (d) of section 308 of the insurance law is REPEALED.
  S 63. Sections 498-a and 562 of the banking law are REPEALED.
  S  64.    Section 337 of the insurance law, as added by chapter 647 of
the laws of 1992, is amended to read as follows:
  S 337. Annual consumer guide on automobile insurance.   (a) [No  later
than  October  first of each year, beginning in nineteen hundred ninety-
three, the] THE superintendent shall [publish and make  available,  free
of  charge  to  the  public,] ISSUE AND UPDATE, AS NECESSARY, a consumer
guide on private  passenger  automobile  insurance  that  shall  contain
comprehensive  [and  updated] information written in plain language in a
clear and understandable format, including the following:
  (1) an annual ranking of automobile insurers: (A) including an  analy-
sis  of  private  passenger  insurers  in  the  state which provides, in

S. 2812                            31                            A. 4012

detail, a ranking of such insurers from best  to  worst  based  on  each
insurer's  record  of  consumer complaints during the preceding calendar
year, using criteria available to the department, adjusted for volume of
insurance  written;  and (B) taking into consideration the corresponding
total of  claims  improperly  denied  in  whole  or  in  part,  consumer
complaints  found  to be valid in whole or in part, and any other perti-
nent data which would permit the department to objectively determine  an
insurer's  performance;  and  (C)  the  superintendent  may note, to the
extent relevant, actions taken by the department against an insurer  for
violating any law or regulation;
  (2)  a  list  of makes and models of automobiles that generally do not
meet underwriting guidelines of automobile  insurers  or  in  regard  to
which  consumers  can  expect  to  pay higher premiums as a result of an
automobile's style, model type or other distinguishing features,  except
that  specific  insurers  shall  not  be identified for purposes of such
list;
  (3) an explanation of all types of automobile  insurance  required  by
law  and available as optional coverage, including policyholders' rights
under these types of coverage and when making claims;
  (4) an explanation of and information on the automobile insurance plan
established pursuant to article fifty-three of this  chapter,  including
how motorists in such plan should proceed in attempting to obtain insur-
ance in the voluntary market;
  (5) [representative information on the availability and costs of auto-
mobile  insurance from insurers for rating territories in the state, for
classes  of  drivers,  including  information  on  premium  credit   and
surcharge practices;
  (6)]  recommendations  as  to how best to shop for and compare prices,
service and quality of automobile insurance coverage;
  [(7)] (6) an explanation of prohibited discriminatory practices apply-
ing to insurance companies, agents and brokers; and
  [(8)] (7) a department  toll  free  consumer  hot-line  through  which
consumers  may  initiate  complaints,  and  request general information,
about automobile insurance.
  (b) The [annual] requirements set forth  in  subsection  (a)  of  this
section  may  be  satisfied by separate or supplemental publications and
updates.
  (c) The superintendent shall [provide for  the  adequate  distribution
and  availability of] POST the consumer guide on automobile insurance ON
THE DEPARTMENT'S WEBSITE.   [Appropriate copies of the  guide  shall  be
transmitted  to  the  commissioner of motor vehicles for distribution at
every department of motor vehicle local and district office in the state
and to the commissioner of education for distribution  to  every  public
library  in the state, where copies of the guide shall be made available
free of charge to the public.]
  S 65. Section 338 of the insurance law is REPEALED.
  S 66. Section 339 of the insurance law is REPEALED.
  S 67. Section 402 of the insurance law is REPEALED.
  S 68.  Subsection (b) of section 1504 of the insurance law is  amended
to read as follows:
  (b) Every holding company and every controlled person within a holding
company  system  shall  be subject to examination by order of the super-
intendent if [he] THE SUPERINTENDENT has cause to believe that the oper-
ations of such persons may [materially] affect the  operations,  manage-
ment  or financial condition of any controlled insurer within the system
[and that  he  is  unable  to  obtain  relevant  information  from  such

S. 2812                            32                            A. 4012

controlled  insurer].  The grounds relied upon by the superintendent for
such examination shall be stated in [his]  THE  SUPERINTENDENT'S  order.
Such  examination  shall  be confined to matters specified in the order.
The  cost of such examination shall be assessed against the person exam-
ined and no portion thereof shall thereafter be reimbursed to it direct-
ly or indirectly by the controlled insurer.
  S 69. Section 2102 of the insurance law is amended  by  adding  a  new
subsection (g) to read as follows:
  (G)  ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR THAT VIOLATES
THIS SECTION SHALL BE SUBJECT TO A PENALTY NOT TO  EXCEED  FIVE  HUNDRED
DOLLARS  FOR  EACH  TRANSACTION,  EXCEPT AS PROVIDED IN PARAGRAPH TWO OF
SUBSECTION (A) OF THIS SECTION.
  S 70. Subsection (g) of section 2117 of the insurance law  is  amended
to read as follows:
  (g)  Any  person,  firm,  association  or  corporation  violating  any
provision of this section  shall,  in  addition  to  any  other  penalty
provided  by  law,  forfeit  to  the people of the state the sum of five
hundred dollars for [the first offense, and an additional  sum  of  five
hundred dollars for each month during which any such person, firm, asso-
ciation  or  corporation  shall  continue  to  act  in violation of this
section] EACH TRANSACTION.
  S 71. Subsection (b) of section 2402 of the insurance law, as  amended
by chapter 499 of the laws of 2009, is amended to read as follows:
  (b)  "Defined  violation"  means  the commission by a person of an act
prohibited by: SUBSECTION (A) OF SECTION ONE THOUSAND ONE  HUNDRED  TWO,
section  one  thousand  two  hundred  fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand  three  hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, TWO
THOUSAND  ONE HUNDRED TWO, TWO THOUSAND ONE HUNDRED SEVENTEEN, two thou-
sand one hundred twenty-two,  two  thousand  one  hundred  twenty-three,
subsection  (p)  of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five  hundred  two,
two  thousand  five  hundred  three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand  six  hundred
six,  two thousand seven hundred three, three thousand one hundred nine,
three thousand two hundred twenty-four-a, three  thousand  four  hundred
twenty-nine,  three  thousand four hundred thirty-three, paragraph seven
of subsection (e) of section three  thousand  four  hundred  twenty-six,
four  thousand  two hundred twenty-four, four thousand two hundred twen-
ty-five, four thousand two  hundred  twenty-six,  seven  thousand  eight
hundred  nine,  seven  thousand  eight hundred ten, seven thousand eight
hundred eleven, seven thousand eight hundred  thirteen,  seven  thousand
eight  hundred fourteen and seven thousand eight hundred fifteen of this
chapter; or section 135.60, 135.65, 175.05, 175.45, or 190.20, or  arti-
cle one hundred five of the penal law.
  S 72. Section 2706 of the insurance law is REPEALED.
  S 73. Intentionally omitted.
  S 74. Intentionally omitted.
  S 75. Intentionally omitted.
  S 76. Section 5514 of the insurance law is REPEALED.
  S 77. Subsection (d) of section 7006 of the insurance law is REPEALED.
  S 78. Subdivision 47 of section 2.10 of the criminal procedure law, as
added by chapter 720 of the laws of 1981 is amended to read as follows:

S. 2812                            33                            A. 4012

  47. Employees of the [insurance frauds bureau of the state] department
of [insurance] FINANCIAL REGULATION when designated as peace officers by
the superintendent of [insurance] FINANCIAL REGULATION and acting pursu-
ant  to their special duties AS SET FORTH IN ARTICLE THREE OF THE FINAN-
CIAL  REGULATION  AND PROTECTION LAW; provided, however, that nothing in
this subdivision shall be deemed to authorize  such  officer  to  carry,
possess,  repair  or dispose of a firearm unless the appropriate license
therefor has been issued pursuant to section 400.00 of the penal law.
  S 78-a. Subdivision 61 of section 2.10 of the criminal procedure  law,
as added by chapter 321 of the laws of 1992, is REPEALED.
  S  79.  Subdivision  1  of section 1370-b of the public health law, as
amended by section 5 of part A of chapter 58 of the  laws  of  2009,  is
amended to read as follows:
  1. The New York state advisory council on lead poisoning prevention is
hereby  established  in  the department, to consist of the following, or
their designees:  the  commissioner;  the  commissioner  of  labor;  the
commissioner  of environmental conservation; the commissioner of housing
and community renewal; the commissioner of children and family services;
the commissioner of temporary and disability assistance;  the  secretary
of  state; [the superintendent of insurance;] and fifteen public members
appointed by the governor. The public members shall have a  demonstrated
expertise  or  interest  in  lead  poisoning prevention and at least one
public member shall be representative of each of  the  following:  local
government;  community  groups;  labor  unions;  real  estate; industry;
parents; educators; local housing authorities; child  health  advocates;
environmental  groups; professional medical organizations and hospitals.
The public members of the council shall have fixed terms of three years;
except that five of the initial appointments shall be for two years  and
five  shall be for one year. The council shall be chaired by the commis-
sioner or his or her designee.
  S 80. Paragraph (b) of subdivision 1 of section  2553  of  the  public
health law, as amended by chapter 231 of the laws of 1993, is amended to
read as follows:
  (b)  The  council  shall consist of [twenty-seven] TWENTY-SIX members,
unless otherwise required by federal law, appointed by the governor.  At
least  five  members  shall be parents, four of whom shall be parents of
children with disabilities aged twelve or younger and one of whom  shall
be the parent of a child with disabilities aged six or younger; at least
five  shall  be  representatives of public or private providers of early
intervention services; at least one shall be involved in personnel prep-
aration or training; at least two shall be early intervention officials;
at least two shall be members of the legislature; [seven] SIX  shall  be
the  commissioner  and  the commissioners of education, social services,
[mental retardation and] PEOPLE WITH developmental disabilities,  mental
health,  alcoholism and substance abuse services [and the superintendent
of insurance], or their appropriate designees with sufficient  authority
to engage in policy planning and implementation on behalf of their agen-
cies.
  S  81.  The  opening paragraph of subdivision 1 of section 4602 of the
public health law, as amended by chapter 401 of the  laws  of  2003,  is
amended to read as follows:
  The  continuing  care  retirement  community  council is hereby estab-
lished, to consist of the following, or their  designees:  the  attorney
general; the commissioner; [the superintendent of insurance;] the direc-
tor  of  the office for the aging; and eight public members appointed by
the governor with the advice and consent  of  the  senate.  Such  public

S. 2812                            34                            A. 4012

members  shall  be representative of the public, and have a demonstrated
expertise  or  interest  in  continuing  care  retirement   communities;
provided  that  no  more than one such member shall be a sponsor, owner,
operator,  manager,  member of a board of directors, or shareholder of a
continuing care retirement community. At least two public members  shall
be  residents of a continuing care retirement community. At least one of
the public members shall be a representative  of  an  organization  with
demonstrated  experience  in  representing the interests of senior citi-
zens. The public members of the council shall have fixed terms  of  four
years.  The  council  shall be chaired by the commissioner or his or her
designee.
  S 82. Paragraph 5 of subsection (a) of section 11 of the tax  law,  as
amended  by  section  19 of part A of chapter 63 of the laws of 2005, is
amended to read as follows:
  (5) "Department" - the department of [insurance] FINANCIAL REGULATION;
PROVIDED, HOWEVER,  THAT  "DEPARTMENT"  SHALL  MEAN  THE  DEPARTMENT  OF
ECONOMIC  DEVELOPMENT  WITH  REGARD  TO  ANY APPLICATION, CERTIFICATION,
REPORT, SUBMISSION, FILING OR OTHER ACTION REQUIRED OR GOVERNED BY  THIS
SECTION OCCURRING ON OR AFTER AUGUST FIRST, TWO THOUSAND ELEVEN.
  S  83. Paragraph 12 of subsection (a) of section 11 of the tax law, as
amended by section 19 of part A of chapter 63 of the laws  of  2005,  is
amended to read as follows:
  (12)  "Superintendent"  -  the superintendent of [insurance] FINANCIAL
REGULATION; PROVIDED, HOWEVER,  THAT  "SUPERINTENDENT"  SHALL  MEAN  THE
COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  WITH REGARD TO ANY APPLICATION,
CERTIFICATION, REPORT, SUBMISSION, FILING OR OTHER  ACTION  REQUIRED  OR
GOVERNED  BY  THIS SECTION OCCURRING ON OR AFTER AUGUST FIRST, TWO THOU-
SAND ELEVEN.
  S 84. Subsection (j) of section 11 of the tax law is REPEALED.
  S 85. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
constituting  the  New  York  state defense emergency act, as amended by
chapter 641 of the laws of 1978, is amended to read as follows:
  1. There is hereby continued in the division  of  military  and  naval
affairs  in the executive department a state civil defense commission to
consist of the same members as the members of the disaster  preparedness
commission  as  established  in  article  two-B of the executive law. In
addition, the [superintendents] SUPERINTENDENT of  [banking  and  insur-
ance]  FINANCIAL  REGULATION,  the chairman of the workers' compensation
board and the director of the division of  veterans'  affairs  shall  be
members.  The governor shall designate one of the members of the commis-
sion to be the chairman thereof. The  commission  may  provide  for  its
division  into  subcommittees  and for action by such subcommittees with
the same force and effect as action by the full commission. The  members
of  the  commission,  except  for  those  who serve ex officio, shall be
allowed their actual and necessary expenses incurred in the  performance
of  their  duties  under  this  article  but shall receive no additional
compensation for services rendered pursuant to this article.
  S 86. Section 4 of chapter 610 of the laws of 1995 amending the insur-
ance law, in relation to investments, is hereby REPEALED.
  S 87. Section 3 of the banking law is REPEALED.
  S 88. Subdivisions 3, 4, 5, 7 and 9 of section  12-a  of  the  banking
law, as added by chapter 322 of the laws of 2007, are amended to read as
follows:
  3.  Except with respect to a federally permitted power approved pursu-
ant to subdivision four of this section, prior to  any  state  chartered
banking  institution  initially exercising any federally permitted power

S. 2812                            35                            A. 4012

pursuant to this section, such banking institution shall make an  appli-
cation  individually  or with one or more state chartered banking insti-
tutions to the superintendent indicating that such institution or insti-
tutions  intend to exercise such federally permitted power and the basis
on which such institution or institutions believe such power is a feder-
ally permitted power.  [The] IF SUCH APPLICATION MEETS THE  REQUIREMENTS
OF THIS SECTION, THE superintendent shall post such application upon the
bulletin  board  of the department pursuant to section forty-two of this
article. After promptly reviewing such application,  the  superintendent
shall  determine, consistent with the standards set forth in subdivision
five of this  section,  whether  to  [recommend  to  the  banking  board
approval  of]  APPROVE such application subject to such terms and condi-
tions as [he or she] THE SUPERINTENDENT may deem appropriate, in [his or
her] THE SUPERINTENDENT'S sole discretion. Such determination, [and  any
recommendation to the banking board to approve an application,] shall be
made  by  the superintendent within forty-five days after the posting of
such application by the superintendent, provided however that the super-
intendent may notify the applicant or applicants that the review of  the
application  shall  be  extended  for  an  additional period of time not
exceeding one hundred twenty days after the posting of such application,
and provided further that such period of time may  be  extended  for  an
additional  period  of time with the written consent of the applicant or
applicants. The [banking board] SUPERINTENDENT shall not  act  upon  the
[superintendent's recommendation] APPLICATION prior to thirty days after
such  application has been posted. If the superintendent shall determine
not to [recommend approval] APPROVE of such application, the superinten-
dent shall notify the applicant or applicants in writing that the appli-
cant or applicants may not exercise such federally permitted  power.  If
the  superintendent  [determines  to recommend approval of such applica-
tion, and the banking board approves such application by adoption  of  a
resolution,]  APPROVES SUCH APPLICATION, THE SUPERINTENDENT SHALL NOTIFY
THE APPLICANT OR APPLICANTS IN WRITING THEREOF,  AND  the  applicant  or
applicants  may  exercise such federally permitted power subject to such
terms and conditions as the  [banking  board]  SUPERINTENDENT  may  have
approved.  [If  the  banking board declines to approve such application,
the superintendent shall notify the applicant or applicants  in  writing
thereof.]  Notwithstanding  any  other law, the [banking board, upon the
recommendation of the] superintendent[,] may[, by resolution,] make  the
approval  of an application under this section applicable to one or more
additional state chartered banking institutions that  are  qualified  to
exercise  the same federally permitted powers as the applicant or appli-
cants pursuant to subdivision two of this section, subject to such terms
and conditions as the superintendent shall find necessary and  appropri-
ate [and as approved by the banking board].
  4.  Notwithstanding  any other law, the superintendent, in [his or her
sole] THE SUPERINTENDENT'S discretion, may, when [he or she] THE  SUPER-
INTENDENT deems it necessary and appropriate after considering the stan-
dards  set  forth in subdivision five of this section, [recommend to the
banking board that it adopt a resolution authorizing] BY ORDER,  AUTHOR-
IZE  one  or  more  state  chartered  banking institutions to exercise a
federally permitted power, subject to such terms and conditions  as  the
superintendent  shall find necessary and appropriate [and as approved by
the banking board]. Prior to [making  any  such  recommendation  to  the
banking  board]  ISSUING SUCH ORDER, the superintendent shall post [such
recommendation] NOTICE OF THE SUPERINTENDENT'S INTENTION TO  ISSUE  SUCH
ORDER  upon  the  bulletin  board  of the department pursuant to section

S. 2812                            36                            A. 4012

forty-two of this article, and [the banking board] shall  not  act  upon
such  [recommendation] INTENTION prior to thirty days after such [recom-
mendation] NOTICE has been posted.
  5.  Prior  to  approving  any  [recommendation  by the superintendent]
APPLICATION OR PROPOSAL pursuant to subdivision three or  four  of  this
section,  the  [banking  board] SUPERINTENDENT shall make a finding that
the approval of such [recommendation] APPLICATION OR PROPOSAL is:
  (i) consistent with the policy of the state of New York as declared in
section ten of this article and thereby protects  the  public  interest,
including  the  interests of depositors, creditors, shareholders, stock-
holders and consumers; and
  (ii) necessary to achieve or maintain parity between  state  chartered
banking  institutions  and their counterpart federally chartered banking
institutions with  respect  to  rights,  powers,  privileges,  benefits,
activities, loans, investments or transactions.
  7.  (a)  In those instances where state chartered banking institutions
are permitted to engage in the business of insurance  pursuant  to  this
section,  they  shall  do so subject to [regulation by the department of
insurance and pursuant to] all insurance laws, rules,  and  regulations;
provided,  however,  that  the superintendent[, in consultation with the
superintendent of insurance,] may exempt state chartered banking  insti-
tutions  from  any  insurance  law,  rule  or  regulation which has been
preempted under federal law, rule or regulation for federally  chartered
banking  institutions if such law, rule or regulation has been preempted
because it applies to insurance activities of federally chartered  bank-
ing institutions and not to those of other entities.
  (b)  In  those  instances where a federally permitted power authorized
pursuant to this section is subject  to  regulation  by  an  agency,  as
defined  in  subdivision  one  of  section  one hundred two of the state
administrative procedure act, other than  the  superintendent,  [banking
board or superintendent of insurance,] then when a state chartered bank-
ing  institution  exercises such federally permitted power, unless it is
so authorized by other New York state law,  or  a  rule,  regulation  or
policy  adopted pursuant to such other New York state law, or by a judi-
cial decision, it shall do so subject to such  regulation  to  the  same
extent  and  in  the same manner as such agency regulates entities other
than state chartered banking institutions, except  to  the  extent  that
federally  chartered  banking institutions are not subject to such regu-
lation.
  [(c) Except with respect to a credit  unemployment  insurance  policy,
group  credit life insurance policy, a group credit health, group credit
accident or group credit health and accident policy,  or  similar  group
credit  insurance  covering  the  person of the insured, state chartered
banking institutions, federally chartered banking institutions, and  any
person  soliciting  the purchase of or selling insurance on the premises
thereof, must disclose or cause to be disclosed in writing, where  prac-
ticable,  in clear and concise language, to their customers and prospec-
tive customers who are solicited therefor that any insurance offered  or
sold:
  (i) is not a deposit;
  (ii)  is  not  insured by the federal deposit insurance corporation or
the national credit union share insurance fund, as applicable; and
  (iii) is not guaranteed by the state chartered banking institution  or
the federally chartered banking institution.
  (d) Except with respect to a flood insurance policy, or a credit unem-
ployment  insurance  policy, group credit life insurance policy, a group

S. 2812                            37                            A. 4012

credit health, group credit accident or group credit health and accident
policy, or similar group credit insurance covering  the  person  of  the
insured, when a customer obtains insurance and credit from a state char-
tered  banking institution or a federally chartered banking institution,
then the credit and insurance transactions shall  be  completed  through
separate  documents.  The  expense  of  insurance  premiums  may  not be
included in the primary credit transaction without the  express  written
consent of the customer.
  (e) State chartered banking institutions and federally chartered bank-
ing  institutions shall not extend credit, lease or sell property of any
kind, or furnish any services, or fix or vary the consideration for  any
of  the  foregoing,  on  the  condition or requirement that the customer
obtain insurance from the state chartered banking institution or  feder-
ally  chartered  banking  institution, its affiliate or subsidiary, or a
particular insurer, agent or broker; provided, however, that this prohi-
bition shall not prevent any  state  chartered  banking  institution  or
federally  chartered  banking  institution from engaging in any activity
described in this subdivision that would not violate section 106 of  the
Bank  Holding Company Act Amendments of 1970 (12 USCA S1971 et seq.), as
interpreted by the Board of Governors of  the  Federal  Reserve  System.
This prohibition shall not prevent a state chartered banking institution
or  federally  chartered  banking  institution from informing a customer
that insurance is required in order to obtain a  loan  or  credit,  that
loan or credit approval is contingent upon the customer's procurement of
acceptable  insurance,  or  that  insurance  is available from the state
chartered banking institution or federally  chartered  banking  institu-
tion; provided, however, that the state chartered banking institution or
federally  chartered  banking institution shall also inform the customer
in writing that his or her choice of insurance provider shall not affect
the state chartered banking institution's or federally chartered banking
institution's credit decision or credit terms in any way.  Such  disclo-
sure shall be given prior to or at the time that a state chartered bank-
ing  institution  or  federally  chartered banking institution or person
selling insurance on the premises thereof solicits the purchase  of  any
insurance  from  a  customer  who has applied for a loan or extension of
credit.
  (f) No state chartered  banking  institution  or  federally  chartered
banking  institution shall require a debtor, insurer, or insurance agent
or broker to pay a separate charge in connection with  the  handling  of
insurance  that is required in connection with a loan or other extension
of credit or the provision of another traditional banking product solely
because the insurance is being provided by an insurance agent or  broker
which  is not the state chartered banking institution or federally char-
tered banking institution or any subsidiary or affiliate thereof.
  (g)] (C) Any state chartered banking institution  or  federally  char-
tered  banking institution and any subsidiary or affiliate thereof which
is licensed to sell insurance in this state shall maintain separate  and
distinct  books  and  records  relating  to  its insurance transactions,
including all files relating to and reflecting consumer complaints,  and
such  insurance  books and records shall be made available to the super-
intendent of insurance for inspection upon reasonable notice.
  [9.] 8. Any rules or regulations  promulgated  by  the  banking  board
pursuant  to  former  sections fourteen-g and fourteen-h of this chapter
prior to September  first,  two  thousand  seven,  AND  ANY  RESOLUTIONS
ADOPTED  BY  THE  BANKING BOARD PURSUANT TO THIS SECTION AFTER SEPTEMBER
FIRST, TWO THOUSAND SEVEN AND BEFORE THE EFFECTIVE DATE OF  THE  CHAPTER

S. 2812                            38                            A. 4012

OF  THE  LAWS  OF  TWO  THOUSAND  ELEVEN WHICH AMENDED THIS SUBDIVISION,
including any such rules [and], regulations  AND  RESOLUTIONS  which  in
whole  or  in  part impose conditions, qualifications or restrictions on
any  federally  permitted  powers  authorized  thereby  which exceed the
conditions, qualifications or restrictions  imposed  on  the  same  when
exercised  by a federally chartered banking institution, shall remain in
full force and effect on or after such date, unless any such rule  [or],
regulation  OR RESOLUTION is thereafter superseded, modified, or revoked
by the [banking board] SUPERINTENDENT  pursuant  to  the  provisions  of
subdivisions three and four of this section.
  S 88-a. Subdivision 8 of section 12-a of the banking law is REPEALED.
  S 89. The functions and powers possessed by and all of the obligations
and  duties of the banking board, as established pursuant to the banking
law, shall be transferred and assigned to, assumed by and devolved  upon
the superintendent.
  S  90. Section 14 of the banking law, as amended by chapter 684 of the
laws of 1938, the opening paragraph, paragraphs (a), (d), (e),  and  (f)
of  subdivision  1  as amended by chapter 315 of the laws of 2008, para-
graphs (b) and (c) of subdivision 1 as amended by  chapter  652  of  the
laws  of 1988, paragraph (cc) of subdivision 1 as amended by chapter 115
of the laws of 1981, paragraph (g) of subdivision 1 as amended and para-
graphs (h), (i), (ii), (k), (m), (n), (o), (p), (q), and (qq) of  subdi-
vision  1  as relettered by   chapter 360 of the laws of 1984, paragraph
(i) of subdivision 1 as amended by chapter 766  of  the  laws  of  1975,
paragraph  (ii)  of subdivision 1 as added by chapter 226 of the laws of
1943, paragraphs (j) and (l) of subdivision 1 as amended by chapter  154
of  the laws of 2007, paragraph (s) of subdivision 1 as amended by chap-
ter 613 of the laws of 1993, and paragraph (t) of subdivision 1 as sepa-
rately relettered by chapters 360 and 789 of the laws of 1984, paragraph
(qq) as added by chapter 15 of the laws of 1980, is amended to  read  as
follows:
  S 14.  [Powers  of  the banking board] ADDITIONAL POWERS OF THE SUPER-
INTENDENT.  1. For the purpose of effectuating the  policy  declared  in
section  ten of this article, WITHOUT LIMITING ANY OTHER POWERS THAT THE
SUPERINTENDENT IS PERMITTED BY LAW  TO  EXERCISE,  the  [banking  board]
SUPERINTENDENT  shall have THE power[, by a three-fifths vote of all its
members,] to make, alter and  amend  [resolutions,]  ORDERS,  rules  and
regulations  not  inconsistent with law. Such ORDERS, rules[,] AND regu-
lations [and resolutions] shall be brought to  the  attention  of  those
affected  thereby  in  a  manner  [to be] prescribed by [the board] LAW.
Without limiting the foregoing power, [resolutions] ORDERS or  rules  or
regulations may be so adopted for the following specific purposes:
  (a)  To approve organization certificates and articles of association,
private bankers' certificates and applications of  foreign  corporations
for  licenses  to  do  business  in  this state, [submitted to it by the
superintendent] as provided in this article.
  (b) To determine the purposes for which and the extent to which  capi-
tal notes or debentures shall be considered and treated as capital stock
of  corporate  banking  organizations;  but  capital notes or debentures
shall not be considered or treated as capital stock for the purposes  of
sections one hundred ten and one hundred eleven of this chapter.
  (c) To grant permission to a trust company, including a national bank,
to  establish  one or more common trust funds upon application and after
inquiry concerning the qualifications of such trust company to  maintain
and  manage  the same, and to regulate the conduct and management of any
common trust fund and for such purpose, but not by way of limitation  of

S. 2812                            39                            A. 4012

the  foregoing  power,  to  prescribe (1) the records and accounts to be
kept of such common trust funds; (2) the procedure  to  be  followed  in
adding  moneys  to  or  withdrawing  moneys or investments from any such
common  trust  fund;  (3)  the  methods  and standards to be employed in
determining the value of such common trust funds and of the  assets  and
investments  thereof;  (4)  the  maximum amount of moneys of any estate,
trust or fund which may be invested in any common trust  fund;  and  (5)
the  maximum proportionate share of any such common trust fund which may
be apportioned to any estate, trust or fund; and in connection with such
powers to classify the corporations maintaining such common trust  funds
according  to  the  population of the city, town or village in which the
principal offices of such corporations are respectively located  and  to
prescribe  the  minimum  total  of  any  such  common trust fund and the
permissible limits of investment therein in accordance with such classi-
fication.
  (cc) To approve the incorporation by or on behalf of  trust  companies
and national banks with trust powers of a mutual trust investment compa-
ny  to  form  a  medium for the common investment of funds held by trust
companies, including national banks, acting  as  executors,  administra-
tors,  guardians,  inter-vivos or testamentary trustees or committees or
conservators either alone or with  individual  co-fiduciaries,  and  any
amendments  of  the  certificate  of  incorporation of such mutual trust
investment company, and to regulate the conduct and management  of  such
mutual  trust investment company and for such purpose, but not by way of
limitation of the foregoing power, to  prescribe  (1)  the  records  and
accounts  to  be  kept  by such mutual trust investment company; (2) the
procedure to be followed in the sale or redemption of stocks  or  shares
therein; (3) the methods and standards to be employed in determining the
value  of  such  shares  in  the mutual trust investment company and the
assets and investments thereof; and (4) the maximum proportionate shares
of any such mutual trust investment company which may be apportioned  or
sold to any one trust company or national bank.
  (d)  To  authorize  a bank or a trust company to invest in the capital
stock of, or any other equity interest in, any corporation, partnership,
unincorporated association, limited liability company, or  other  entity
not  included among the corporations or other entities for which invest-
ment in the capital stock or other equity interest is expressly  author-
ized by this chapter.
  (e)  To authorize a savings bank to invest in the capital stock, capi-
tal notes and debentures of a trust company  or  other  corporation,  as
provided in article six of this chapter.
  (f) To authorize a savings and loan association to invest in the capi-
tal  stock,  capital  notes  and  debentures of a trust company or other
corporation, as provided in article ten of this chapter.
  (g) To prescribe from time to time: (1) the rates  of  interest  which
may  be  paid  on  deposits  with  any banking organization and with any
branch or agency of a foreign banking corporation; and (2) the rates  of
dividends  which  may  be paid on shares of any savings and loan associ-
ation or credit union, and to prohibit the payment of such  interest  or
such dividends by any banking organization or by any branch of a foreign
banking  corporation.  Interest or dividend rates so prescribed need not
be uniform.
  (h) To limit and regulate withdrawals of deposits or shares  from  any
banking organization, if the [board] SUPERINTENDENT shall find that such
limitation  and  regulation  are  necessary  because of the existence of

S. 2812                            40                            A. 4012

unusual and extraordinary circumstances. [The  board  shall  enter  such
finding on its records.]
  (i)  To  prescribe  from  time to time reserves against deposits to be
maintained by banks and trust companies pursuant  to  article  three  of
this  chapter;  provided  that  no  reserve  requirement imposed [by the
board] against either time or demand deposits shall require any bank  or
trust  company  to  maintain total reserves in an amount greater than it
would be required to maintain if it were at the time  a  member  of  the
federal  reserve  system;  and provided further, however, that a bank or
trust company not a member of the federal reserve system may be  author-
ized  [by  the  board] to maintain total reserves against deposits in an
amount lower than the reserves required by article three of this chapter
to be maintained, either in individual cases or by  general  regulations
[of  the  board]  on  such  basis as the [board] SUPERINTENDENT may deem
reasonable or appropriate in view of the character of the business tran-
sacted by such bank or trust company.
  [(ii) To exempt from reserve requirements prescribed by or pursuant to
this chapter deposits payable to the United States by any banking organ-
ization arising solely as a result of subscriptions made by  or  through
any  such  banking  organization for United States government securities
issued under the authority of the second liberty bond act as amended.]
  (j) To grant permission to officers, directors, clerks or employees of
banks and trust companies to engage in the issue, flotation,  underwrit-
ing,  public  sale  or  distribution  at wholesale or retail, or through
syndicate participation of stocks, bonds or  other  similar  securities,
and to revoke such permission, both as provided in this chapter.
  (k)  To  prescribe  the methods and standards to be used (1) in making
the examinations provided for in this chapter, and (2)  in  valuing  the
assets of banking organizations.
  (l) To prescribe the form and contents of periodical reports of condi-
tion  to  be  rendered  to the superintendent by banks, trust companies,
private bankers and branches of foreign banking  corporations,  and  the
manner of publication of such reports.
  (m)  To  postpone  or  omit  the  calling for and rendering of reports
provided for by this chapter if the [board]  SUPERINTENDENT  shall  find
that such postponement or omission is necessary because of the existence
of  unusual and extraordinary circumstances. [The board shall enter such
finding on its records.]
  (n) To define what is an unsafe manner of conducting the  business  of
banking organizations.
  (o)  To  define what is a safe or unsafe condition of a banking organ-
ization.
  (p) To make variations from the requirements of this chapter, provided
such variations are in harmony with  the  spirit  of  the  law,  if  the
[board]  SUPERINTENDENT  shall  find  that such variations are necessary
because of the existence of  unusual  and  extraordinary  circumstances.
[The board shall enter such finding on its records.]
  (q)  To  establish safe and sound methods of banking and safeguard the
interests of depositors, creditors, shareholders and stockholders gener-
ally in times of emergency.
  (qq) To permit any banking organization, national banking association,
federal mutual savings bank, federal savings and  loan  association  and
federal  credit  union  to offer graduated payment mortgages which shall
conform to the provisions of section two  hundred  seventy-nine  of  the
real property law.

S. 2812                            41                            A. 4012

  (s)  To  permit  authorized lenders, as defined by section two hundred
eighty or two hundred eighty-a  of  the  real  property  law,  to  offer
reverse  mortgage loans which shall conform to the provisions of section
two hundred eighty or two hundred eighty-a of the real property law.
  [(t) To exercise any other power conferred upon the board by law.
  2.  The  board shall consider and make recommendations upon any matter
which the superintendent may submit to it for recommendations, and  pass
upon  and  determine any matter which he shall submit to it for determi-
nation.
  3. The board shall submit to  the  superintendent  proposals  for  any
amendments to this chapter which it deems desirable.]
  S 91. Whenever the term banking board shall appear in any law or regu-
lation  other  than  a  section  amended in this act, such term shall be
deemed to refer to the superintendent.
  S 92. Section 15 of the banking law is REPEALED.
  S 93. Section 16 of the banking law is REPEALED.
  S 94. Section 9-q of the banking law is REPEALED.
  S 95. Section 6 of chapter 322 of the laws of 2007, amending the bank-
ing law relating to the power of banks, private  bankers,  trust  compa-
nies,  savings  banks,  savings and loan associations, credit unions and
foreign banking corporations to exercise the rights of  national  banks,
federal savings associations, federal credit unions and federal branches
and  agencies of foreign banks, as amended by chapter 122 of the laws of
2009, is amended to read as follows:
  S 6. This act shall take effect immediately;  provided,  however  that
sections  one, two, three and four of this act shall take effect Septem-
ber 1, 2007[; and provided further that sections  one,  two,  three  and
four of this act shall expire and be deemed repealed September 10, 2011;
and  provided further that any federally permitted powers approved under
section three of this act shall remain in full force and effect  on  and
after such repeal date and shall not be affected by such repeal].
  S  95-a.    Section  7  of chapter 3 of the laws of 1997, amending the
banking law and the insurance law relating to  authorizing  the  banking
board  to  permit  banks  and  trust companies to exercise the rights of
national banks, as amended by chapter  122  of  the  laws  of  2009,  is
amended to read as follows:
  S  7. This act shall take effect immediately provided that section two
of this act shall take effect on the thirtieth day after it  shall  have
become  a  law and shall apply to violations prescribed in section 44 of
the banking law that occur on or after such date[; and provided  further
that  sections  one,  three,  four  and  five shall expire and be deemed
repealed September 10, 2011; and provided further  that  any  rules  and
regulations  promulgated  pursuant to sections one, three, four and five
shall remain in full force and effect on and after such expiration  date
and shall not be affected by such expiration date].
  S 96. Subdivision 2 of section 75-g of the banking law is REPEALED.
  S  97. Paragraph b of subdivision 19 of section 42 of the banking law,
as added by chapter 322 of the laws of  2007,  is  amended  to  read  as
follows:
  b.  [Every  recommendation to be made to the banking board pursuant to
subdivision four of  section  twelve-a  of  this  article,  which  shall
include  a  description  of the recommended federally permitted power, a
reference to the state chartered banking  institutions  which  shall  be
permitted  to  exercise  such  power, and the date of the meeting of the
banking board at which such recommendation is expected to be considered]
THE INTENTION OF THE SUPERINTENDENT TO ISSUE AN ORDER PURSUANT TO SUBDI-

S. 2812                            42                            A. 4012

VISION FOUR OF SECTION TWELVE-A OF THIS ARTICLE, WHICH SHALL  INCLUDE  A
DESCRIPTION OF THE PROPOSED FEDERALLY PERMITTED POWER AND A REFERENCE TO
THE  STATE-CHARTERED  BANKING  INSTITUTIONS  WHICH SHALL BE PERMITTED TO
EXERCISE SUCH POWER.
  S 98. Transfer of powers of the banking and insurance departments. The
functions  and powers possessed by and all of the obligations and duties
of the banking and insurance departments, as established pursuant to the
insurance law, the banking law and other laws, shall be transferred  and
assigned  to, and assumed by and devolved upon, the department of finan-
cial regulation.
  S 99. Abolition of the banking and  insurance  departments.  Upon  the
transfer  pursuant  to this act of the functions and powers possessed by
and all of the obligations and  duties  of  the  banking  and  insurance
departments,  as  established pursuant to the banking law, the insurance
law and other laws, the banking and insurance departments shall be abol-
ished.
  S 100. Continuity of authority of the banking  and  insurance  depart-
ments.  Except  as herein otherwise provided, upon the transfer pursuant
to this act of the functions and powers possessed by,  and  all  of  the
obligations  and  duties  of,  the  banking and insurance departments as
established pursuant to the banking law, the  insurance  law  and  other
laws,  to  the  department of financial regulation as prescribed by this
act, for the purpose of succession, all functions,  powers,  duties  and
obligations  of  the  department of financial regulation shall be deemed
and be held to constitute the continuation of  such  functions,  powers,
duties and obligations and not a different agency.
  S  101.  Transfer of records of the banking and insurance departments.
Upon the transfer pursuant to this  act  of  the  functions  and  powers
possessed  by  and  all of the obligations and duties of the banking and
insurance departments as established pursuant to the  banking  law,  the
insurance  law and other laws, to the department of financial regulation
as prescribed by this act,  all  books,  papers,  records  and  property
pertaining to the banking and insurance departments shall be transferred
to and maintained by the department of financial regulation.
  S  102. Completion of unfinished business of the banking and insurance
departments. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the banking
and insurance departments as established pursuant to  the  banking  law,
the  insurance  law and other laws, to the department of financial regu-
lation as prescribed by this act, any business or other matter undertak-
en or commenced by the banking and insurance departments  pertaining  to
or  connected  with  the  functions,  powers,  obligations and duties so
transferred and assigned to the department of financial  regulation  may
be conducted or completed by the department of financial regulation.
  S  103.  Terms  occurring  in laws, contracts or other documents of or
pertaining to the banking and insurance departments. Upon  the  transfer
pursuant to this act of the functions and powers possessed by and all of
the  obligations  and duties of the banking and insurance departments as
established pursuant to the banking law, the  insurance  law  and  other
laws,  as  prescribed  by  this  act, whenever the banking and insurance
departments and the  superintendents  thereof,  the  functions,  powers,
obligations  and  duties  of  which are transferred to the department of
financial regulation are referred to or designated  in  any  law,  regu-
lation,  contract or document pertaining to the functions, powers, obli-
gations and duties transferred and assigned pursuant to this  act,  such
reference  or  designation shall be deemed to refer to the department of

S. 2812                            43                            A. 4012

financial regulation and its superintendent. In the case of  any  boards
or  other  organizations  where  the superintendents of both the banking
department and the insurance department  both  sit,  the  references  or
designations  shall  be  deemed to refer solely to superintendent of the
department of financial regulation.
  S 104. (a) Wherever the terms "insurance department",  "department  of
insurance"  or  "department" appear in the insurance law, such terms are
hereby changed to "department of financial regulation".
  (b) Wherever the terms "banking department", "department  of  banking"
or "department" appear in the banking law, such terms are hereby changed
to "department of financial regulation".
  (c)  Wherever  the terms "insurance department", "department of insur-
ance", "banking department" or "department of banking"  appears  in  the
consolidated or unconsolidated laws of this state other than the banking
law  or  the insurance law, such terms are hereby changed to "department
of financial regulation".
  (d) Wherever the terms "superintendent of insurance"  or  "superinten-
dent"  appear  in  the  insurance  law, such terms are hereby changed to
"superintendent of financial regulation".
  (e) Wherever the terms "superintendent of banks"  or  "superintendent"
appear in the banking law, such terms are hereby changed to "superinten-
dent of financial regulation".
  (f)  Wherever  the terms "superintendent of insurance" or "superinten-
dent of banks" appears in the consolidated  or  unconsolidated  laws  of
this state other than the banking law or the insurance law, such term is
hereby changed to "superintendent of financial regulation".
  (g)  The  legislative  bill  drafting commission is hereby directed to
effectuate this provision, and  shall  be  guided  by  a  memorandum  of
instruction  setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the  legislative  bill  drafting
commission  within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary  president
of  the  senate  and  the speaker of the assembly, or by the delegate of
each.
  S 105. Existing rights and remedies of or pertaining  to  the  banking
and  insurance departments preserved. Upon the transfer pursuant to this
act of the functions and powers possessed by and all of the  obligations
and  duties  of  the  banking  and  insurance departments as established
pursuant to the banking law, the insurance law and other  laws,  to  the
department  of financial regulation as prescribed by this act, no exist-
ing right or remedy of the state, including the  banking  and  insurance
departments, shall be lost, impaired or affected by reason of this act.
  S 106. Pending actions and proceedings of or pertaining to the banking
or  insurance departments. Upon the transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and  duties
of  the banking and insurance departments as established pursuant to the
banking law, the insurance law and other  laws,  to  the  department  of
financial  regulation as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought  by  or  against  the
banking or insurance departments or the superintendents thereof shall be
affected by any provision of this act, but the same may be prosecuted or
defended in the name of the New York state department of financial regu-
lation.  In all such actions and proceedings, the New York state depart-
ment of financial regulation, upon application to the  court,  shall  be
substituted as a party.

S. 2812                            44                            A. 4012

  S  107.  Continuation of rules and regulations of or pertaining to the
banking and insurance departments. Upon the transfer  pursuant  to  this
act of the functions and powers possessed by and all the obligations and
duties  of the banking and insurance departments as established pursuant
to  the banking law, the insurance law and other laws, to the department
of financial regulation as prescribed by  this  act,  all  rules,  regu-
lations,  acts,  orders,  determinations, decisions, licenses, registra-
tions and charters of the banking and insurance departments,  pertaining
to  the functions transferred and assigned by this act to the department
of financial regulation in force at the time of such  transfer,  assign-
ment,  assumption  or  devolution  shall continue in force and effect as
rules, regulations, acts, determinations and decisions of the department
of financial regulation until duly modified or repealed.
  S 108. Transfer of appropriations heretofore made to the  banking  and
insurance  departments.  Upon  the  transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and  duties
of  the banking and insurance departments as established pursuant to the
banking law, the insurance law and other  laws,  to  the  department  of
financial  regulation  as prescribed by this act, all appropriations and
reappropriations which shall have been made available as of the date  of
such  transfer  to the banking department or the insurance department or
segregated pursuant to law, to the extent  of  remaining  unexpended  or
unencumbered  balances  thereof,  whether  allocated  or unallocated and
whether obligated or unobligated,  shall  be  transferred  to  and  made
available  for  use and expenditure by the department of financial regu-
lation and shall be payable on vouchers certified  or  approved  by  the
commissioner  of taxation and finance, on audit and warrant of the comp-
troller.  Payments of liabilities for expenses  of  personnel  services,
maintenance  and operation which shall have been incurred as of the date
of such transfer by the  banking  and  insurance  departments,  and  for
liabilities  incurred and to be incurred in completing its affairs shall
also be made on vouchers certified or approved by the superintendent  of
the  department  of  financial  regulation,  on audit and warrant of the
comptroller.
  S 109. Transfer of employees. Provision shall be made for the transfer
of all employees from the banking department and the  insurance  depart-
ment  into  the  department of financial regulation. Employees so trans-
ferred shall be transferred without further examination or qualification
to the same or similar titles and shall remain in  the  same  collective
bargaining  unit and shall retain their respective civil service classi-
fication, status and rights pursuant to their collective bargaining unit
and collective bargaining agreement.
  S 110. No later than April first, two thousand eleven, the director of
the budget shall notify the superintendent of the level of  the  depart-
ment's  expenses  that  will  be  incurred for the fiscal year beginning
April first, two thousand eleven related to the department's  regulation
and  supervision  of  the state's banking and insurance industries. Such
notification shall separately detail the department's level of  expenses
to  be  incurred  with  respect to the regulation and supervision of the
banking industry, the department's level of expenses to be incurred  for
regulation  and  supervision  of the insurance industry, and the depart-
ment's level of general expenses that are allocable to both  the  insur-
ance  and  banking  industries.    The superintendent shall subsequently
employ the provisions of  section  seventeen  of  the  banking  law  and
section  three  hundred  thirty-two  of  the insurance law to assess the
department's incurred costs in order to appropriately charge persons  or

S. 2812                            45                            A. 4012

entities  that are licensed, registered, organized, authorized, incorpo-
rated or otherwise formed pursuant to the provisions of the banking  law
or insurance law.
  S  111.  Coordination of services. In an effort to create greater cost
efficiencies and cost savings, the  superintendent  of  financial  regu-
lation  shall  coordinate  administrative,  clerical  and human resource
functions, or any other  resources  and  functions,  including  but  not
limited  to  office  space and materials and supplies in accordance with
the transfer of powers set forth in this act.
  S 112. Provision for acting superintendent. Upon the effective date of
this chapter, the governor shall designate an acting superintendent, who
shall be entitled to exercise all of the authority of the superintendent
until such time as a superintendent shall be  confirmed  and  qualified,
provided  that the governor shall nominate a superintendent within sixty
days of such effective date.
  S 113. Severability. If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 114. This act shall take effect April 1,  2011;  provided,  however,
that:
  (a)  sections  fifteen and sixteen of this act shall take effect April
1, 2012;
  (b) any officer or employee of the department of financial  regulation
whose  holdings  as  of the close of business on March 31, 2011 conflict
with section 501 of the financial  regulation  and  protection  law,  as
added  by  section  one  of  this act, shall have until April 1, 2012 to
dispose of non-conforming holdings or otherwise bring such  non-conform-
ing holdings into compliance with such section 501; and
  (c)  the amendments to section 2803-s of the public health law made by
section forty-six of this act shall take effect on the same date and  in
the same manner as chapter 539 of the laws of 2010 takes effect.

                                 PART B

  Section  1. The article heading of article 21 of the executive law, as
added by chapter 463 of the laws of 1992, is amended to read as follows:
                       [NEW YORK STATE] OFFICE FOR
                   THE PREVENTION OF DOMESTIC VIOLENCE
  S 2. Section 575 of the executive law, as added by chapter 463 of  the
laws  of 1992, paragraph (e) of subdivision 3 as amended and subdivision
9 as added by chapter 368 of the laws of 1997, paragraph (b) of subdivi-
sion 4 as separately amended by section 4 of part A1 and section  69  of
part A of chapter 56 of the laws of 2010, paragraphs (c), (d) and (e) of
subdivision  4  as  amended and subdivisions 7 and 8 as added by chapter
396 of the laws of 1994, and subdivision 10 as added by chapter  297  of
the laws of 1998, is amended to read as follows:
  S 575. [New  York  state office] OFFICE for the prevention of domestic
violence. 1.  Establishment of office. There is hereby established with-
in the [executive department the "New York state] DIVISION  OF  CRIMINAL
JUSTICE  SERVICES THE office for the prevention of domestic violence["],
hereinafter in this section referred to as the "office".  REFERENCES  TO
"COMMISSIONER"  IN THIS SECTION SHALL MEAN THE COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.

S. 2812                            46                            A. 4012

  1-A. THE OFFICE SHALL BE HEADED BY A DIRECTOR, WHO SHALL BE  APPOINTED
BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SUBJECT
TO  THE  APPROVAL OF THE GOVERNOR. THE DIRECTOR SHALL SERVE AS A SPECIAL
ADVISOR TO THE GOVERNOR REGARDING MATTERS PERTAINING TO  THE  PREVENTION
OF  AND  RESPONSE  TO DOMESTIC VIOLENCE, AND SHALL, IN CONSULTATION WITH
THE COMMISSIONER,  COORDINATE  AND  RECOMMEND  POLICY  RELATING  TO  THE
PREVENTION  OF DOMESTIC VIOLENCE THROUGHOUT THE STATE.  THE COMMISSIONER
SHALL APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFI-
CIENT OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR
BY APPROPRIATION.
  2. Duties and responsibilities. The office shall advise  the  governor
and  the  legislature on the most effective ways for state government to
respond to the problem of domestic violence. In fulfilling this  respon-
sibility,  the  office shall consult with experts, service providers and
representative organizations in the field of domestic violence and shall
act as an advocate for domestic violence victims and programs.
  3. Activities. In addition, the office  shall  develop  and  implement
policies  and  programs  designed to assist victims of domestic violence
and their families, and to provide education  and  prevention,  training
and  technical  assistance.  Such  domestic  violence-related activities
shall include, but not be limited to:
  (a) Serving as a clearinghouse for information and materials;
  (b) Developing and coordinating community outreach and  public  educa-
tion throughout the state;
  (c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
  (i) domestic violence;
  (ii) health and mental health;
  (iii) social and human services;
  (iv) public education;
  (v) law enforcement and criminal justice;
  (vi) alcohol and substance abuse.
  (d) Developing and promoting school-based prevention programs;
  (e)  Providing  technical  assistance  to  state  and local government
bodies and other agencies and to private not-for-profit corporations, on
effective policies and responses to domestic violence, including  devel-
opment  of  [a]  model domestic violence policies[, pursuant to subdivi-
sions seven, eight and nine of this section];
  (f) Promoting and facilitating  interagency  cooperation  among  state
agencies  and  intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of services;
  (g) Operating as  an  advocate  for  domestic  violence  services  and
victims;
  (h)  Undertaking  program  and  services  needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
  (i) Examining the relationship between  domestic  violence  and  other
problems and making recommendations for effective policy response;
  (j) Collecting data, conducting research, and holding public hearings;
  (k) Making periodic reports to the governor and the legislature recom-
mending  policy  and  program directions and reviewing the activities of
the office;
  (l) Any other activities including the [making of]  RECOMMENDATION  TO
THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE
CREATION and promulgation of rules and regulations deemed  necessary  to
facilitate  the  prevention  of  domestic  violence within the scope and

S. 2812                            47                            A. 4012

purview of this article which are not otherwise  inconsistent  with  any
other provisions of law.
  4.  Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues  and  effective
strategies  for  the  prevention  of domestic violence, to assist in the
development of appropriate policies and priorities for effective  inter-
vention,  public  education  and  advocacy, and to facilitate and assure
communication and coordination  of  efforts  among  state  agencies  and
between  different  levels of government, state, federal, and municipal,
for the prevention of domestic violence.
  (b) The advisory council shall consist of nine members and  [fourteen]
SIXTEEN  ex-officio members. Each member shall be appointed to serve for
a term of three years and shall continue in  office  until  a  successor
appointed  member is made. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member he or she is to  succeed.
All  of  the  members shall be individuals with expertise in the area of
domestic violence. Three members shall be appointed by the governor, two
members shall be appointed upon  the  recommendation  of  the  temporary
president  of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be  appointed
upon  the  recommendation  of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members  of  the  advisory  board  shall
consist  of  [one representative from the staff of each of the following
state departments and divisions] THE DIRECTOR OF THE OFFICE,  WHO  SHALL
CHAIR  THE  COUNCIL,  AND  THE FOLLOWING MEMBERS OR THEIR DESIGNEES: THE
COMMISSIONER OF  THE  office  of  temporary  and  disability  [services]
ASSISTANCE;  THE  COMMISSIONER  OF THE department of health; THE COMMIS-
SIONER OF THE education department; THE COMMISSIONER OF  THE  office  of
mental  health;  THE  COMMISSIONER  OF  THE  office  of  alcoholism  and
substance abuse services; [division of criminal justice  services;]  THE
DIRECTOR  OF  THE office of probation and correctional alternatives; THE
COMMISSIONER OF THE office of children and family services; THE DIRECTOR
OF THE office of victim services; THE CHIEF ADMINISTRATIVE JUDGE OF  THE
office  of  court  administration; THE COMMISSIONER OF THE department of
labor; THE DIRECTOR OF THE state office for the aging; THE  COMMISSIONER
OF  THE department of correctional services; and the [division] CHAIRMAN
OF THE BOARD of parole, THE CHIEF EXECUTIVE  OFFICER  OF  THE  NEW  YORK
STATE COALITION AGAINST DOMESTIC VIOLENCE; AND THE EXECUTIVE DIRECTOR OF
THE NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT.
  (c)  [The  governor  shall  appoint  a member as chair of the advisory
council to serve at the pleasure of the governor.
  (d)] The advisory council shall meet as often as deemed  necessary  by
the  chair  [or  executive director] but in no event less than two times
per year.
  [(e)] The members of the advisory council shall receive no  salary  or
other   compensation  for  their  services  but  shall  be  entitled  to
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties within  amounts  made  available  by  appropriation
therefor  subject  to  the  approval  of the director of the budget. The
ex-officio members of the advisory council shall receive  no  additional
compensation for their services on the advisory council above the salary
they  receive  from  the respective departments or divisions that employ
them.
  5. [Executive director. (a) The governor shall  appoint  an  executive
director of the office who shall serve at the pleasure of the governor.

S. 2812                            48                            A. 4012

  (b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
connection with the performance of the director's duties.
  (c)  The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
  6.] Assistance of other agencies. The office  may  request  and  shall
receive in a timely manner from any department, division, board, bureau,
commission  or  agency  of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant  to
this article.
  [7.  Model domestic violence policy for counties. (a) The office shall
convene a task force of  county  level  municipal  officials,  municipal
police  and  members  of  the  judiciary,  or their representatives, and
directors of domestic violence programs, including representatives  from
a  statewide  advocacy  organization  for  the  prevention  of  domestic
violence, to develop a model domestic violence policy for counties.  For
the  purposes  of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except  that
the  city of New York shall be deemed to be one county. The office shall
give due consideration to  the  recommendations  of  the  governor,  the
temporary  president  of  the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
  (b) The purpose of the model policy shall be  to  provide  consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities  or  other  jurisdictions  within  the  county  and other
governmental agencies and departments, by assuring that best  practices,
policies,  protocols  and  procedures  are  used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
  (i) response, investigation and arrest policies by police agencies;
  (ii) response by other criminal justice agencies,  including  disposi-
tion  of  domestic violence complaints, the provision of information and
orders of protection;
  (iii) response by human services and health agencies, including  iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
  (iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
  (v)  other  issues  as  shall be appropriate and relevant for the task
force to develop such policy.
  (c) Such model policy shall be reviewed by the task  force  to  assure
consistency  with  existing  law and shall be made the subject of public
hearings convened by the office throughout the state at  places  and  at
times which are convenient for attendance by the public, after which the
policy  shall  be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task  force,
such  model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two  years
after the effective date of this subdivision. Notification of the avail-
ability  of  such  model  domestic  violence policy shall be made by the
office to every county in the state, and copies of the policy  shall  be
made available to them upon request.

S. 2812                            49                            A. 4012

  (d)  The  office  in  consultation  with  the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the  prevention  domestic  violence,
shall  provide technical support, information and encouragement to coun-
ties  to  implement  the  provisions  of  the  model  policy on domestic
violence.
  (e) Nothing contained in this subdivision shall be deemed  to  prevent
the governing body of a county from designating a local advisory commit-
tee  to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the  implementation
of the policy required by this subdivision. Such governing body or advi-
sory  committee  may request and shall receive technical assistance from
the office for the development of such a policy. Implementation  of  the
model  domestic  violence  policy  may  take  place in a form considered
appropriate by the governing body of  a  county,  including  guidelines,
regulations and local laws.
  (f)  The  office  shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such  steps
as shall be necessary to aid county governments in the implementation of
such policy.
  8.  State  domestic violence policy. (a) The office shall survey every
state agency to determine any activities, programs, rules,  regulations,
guidelines  or  statutory  requirements  that  have a direct or indirect
bearing on the state's efforts and abilities to  address  the  issue  of
domestic  violence  including,  but  not  limited  to,  the provision of
services to victims and their families. Within two years of  the  effec-
tive date of this subdivision, the office shall compile such information
and  provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this  subdivision,
"state  agency"  shall  have the same meaning as such term is defined in
section two-a of the state finance law.
  (b) Within three years of the effective date of this  subdivision  the
office  shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures  and  protocols  to  the
governor  and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and  between  state  agencies
and departments to address the issue of domestic violence. In developing
such  model  policy,  the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and  shall  assure
that the advisory council reviews all data and recommendations and shall
not  submit  such  model  policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or  report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
  (c)]  6. No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or  other  procedure,
including  a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic violence, or the  provision
of   services   by  residential  or  non-residential  domestic  violence
programs, as such terms are defined in section four hundred fifty-nine-a
of the social services law, or establish a  grant  program  directly  or
indirectly  affecting  such victims of domestic violence or providers of
service, without first consulting the office, which  shall  provide  all
comments  in response to such rules, guidelines or procedures in writing

S. 2812                            50                            A. 4012

directly to the chief executive officer of such agency, to the  adminis-
trative  regulations  review committee and to the appropriate committees
of the legislature having jurisdiction of the subject  matter  addressed
within two weeks of receipt thereof, provided that failure of the office
to  respond as required herein shall not otherwise impair the ability of
such state agency to promulgate a rule. This paragraph shall  not  apply
to  an  appropriation  which  finances  a contract with a not-for-profit
organization which has been identified for a state  agency  without  the
use of a request for proposals.
  [9.  Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the busi-
ness community, employees, employee organizations, representatives  from
the  department  of  labor and the empire state development corporation,
and directors of domestic violence programs,  including  representatives
of  statewide  advocacy  organizations  for  the  prevention of domestic
violence, to develop a model domestic violence  employee  awareness  and
assistance policy for businesses.
  The  office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of  the
assembly  for  participation  by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
  (b) The purpose of the model employee awareness and assistance  policy
shall be to provide businesses with the best practices, policies, proto-
cols  and  procedures  in  order  that  they ascertain domestic violence
awareness in the workplace, assist affected  employees,  and  provide  a
safe  and  helpful working environment for employees currently or poten-
tially experiencing the effects of domestic  violence.  The  model  plan
shall include but not be limited to:
  (i)  the establishment of a definite corporate policy statement recog-
nizing domestic violence as a workplace issue as well as  promoting  the
need  to maintain job security for those employees currently involved in
domestic violence disputes;
  (ii) policy and service publication  requirements,  including  posting
said  policies  and  service  availability  pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
  (iii) a listing of current domestic violence community resources  such
as  shelters,  crisis intervention programs, counseling and case manage-
ment programs, legal assistance and advocacy opportunities for  affected
employees;
  (iv) measures to ensure workplace safety including, where appropriate,
designated  parking  areas,  escort services and other affirmative safe-
guards;
  (v) training programs and protocols designed to educate employees  and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
  (vi)  other  issues  as shall be appropriate and relevant for the task
force in developing such model policy.
  (c) Such model policy shall be reviewed by the task  force  to  assure
consistency  with  existing  law and shall be made the subject of public
hearings convened by the office throughout the state at  places  and  at
times which are convenient for attendance by the public, after which the
policy  shall  be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task  force,
such  model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than  one  year
after  the  effective  date  of  this subdivision. The office shall make

S. 2812                            51                            A. 4012

every effort to notify businesses of  the  availability  of  such  model
domestic violence employee awareness and assistance policy.
  (d)  The  office  in  consultation  with  the task force, providers of
services, the advisory council, the  department  of  labor,  the  empire
state development corporation, and representatives of statewide advocacy
organizations  for  the  prevention  of domestic violence, shall provide
technical support,  information,  and  encouragement  to  businesses  to
implement  the provisions of the model domestic violence employee aware-
ness and assistance policy.
  (e) Nothing contained in this subdivision shall be deemed  to  prevent
businesses  from adopting their own domestic violence employee awareness
and assistance policy.
  (f) The office shall survey businesses within four years of the effec-
tive date of this  section  to  determine  the  level  of  model  policy
adoption  amongst  businesses  and shall take steps necessary to promote
the further adoption of such policy.
  10. New York state address confidentiality program. The  office  shall
study  and  issue  a  report  to the governor and the legislature on the
advisability and feasibility  of  creating  an  address  confidentiality
program in New York state to allow victims of domestic violence who have
left abusive relationships to keep new addresses confidential. The study
shall  include,  but not be limited to, an analysis of the various types
of public records involved in domestic violence cases in order to deter-
mine the appropriateness of such records for such program, the potential
effects of an address  confidentiality  program  on  the  record-keeping
practices  of  state  and local agencies, issues concerning inter-agency
cooperation, enforcement and procedure, the impact on the  court  system
and  any  fiscal  ramifications.  The office shall consult with experts,
service providers and  representative  organizations  in  the  field  of
domestic violence, other states which have created similar programs, the
division  of criminal justice services and the department of state.  The
office shall complete such study and  report  within  one  year  of  the
effective date of this subdivision.]
  S 3. Section 576 of the executive law is REPEALED.
  S  4.  Transfer  of  employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the New York state office for the prevention of  domestic  violence
to the division of criminal justice services pursuant to subdivision 1-a
of  section  575  of  the executive law, as added by section two of this
act, all employees of the New York state office for  the  prevention  of
domestic  violence  shall  be  transferred  to  the division of criminal
justice services. Employees transferred pursuant to this  section  shall
be  transferred  without  further examination or qualification and shall
retain  their  respective  civil  service  classifications,  status  and
collective bargaining unit designations and collective bargaining agree-
ments.
  S  5.  Transfer of records. All books, papers, and property of the New
York state office for the  prevention  of  domestic  violence  shall  be
deemed  to  be  in the possession of the commissioner of the division of
criminal justice services. All books, papers, and property  of  the  New
York state office for the prevention of domestic violence shall continue
to be maintained by the division of criminal justice services.
  S  6.  Continuity  of  authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon  and  assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and  held  to  constitute  the

S. 2812                            52                            A. 4012

continuation of the New York state office for the prevention of domestic
violence.
  S  7.  Completion of unfinished business. Any business or other matter
undertaken or commenced by the New York state office for the  prevention
of  domestic violence or the director thereof pertaining to or connected
with the functions, powers, obligations and  duties  hereby  transferred
and assigned to the division of criminal justice services and pending on
the  effective  date  of this act, may be conducted and completed by the
division of criminal justice services in the same manner and  under  the
same  terms  and conditions and with the same effect as if conducted and
completed by the New York state office for the  prevention  of  domestic
violence.
  S  8.  Continuation  of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the New York state office
for the prevention of domestic violence pertaining to the functions  and
powers  herein  transferred  and  assigned, in force at the time of such
transfer and assumption, shall continue in  full  force  and  effect  as
rules,  regulations,  acts,  orders, determinations and decisions of the
division of criminal justice services until duly modified  or  abrogated
by the commissioner of the division of criminal justice services.
  S  9. Terms occurring in laws, contracts and other documents. Whenever
the New York state office for the prevention of domestic violence or the
director thereof, is referred to or designated in any law,  contract  or
document  pertaining  to  the  functions, powers, obligations and duties
hereby transferred to and assigned to the division of  criminal  justice
services  or  the  commissioner  of  the  division  of  criminal justice
services, such reference or designation shall be deemed to refer to  the
division of criminal justice services or commissioner of the division of
criminal justice services, as applicable.
  S  10.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be  lost,  impaired  or  affected  by  any
provisions of this act.
  S 11. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
New York state office for the prevention of  domestic  violence  or  the
director  thereof,  shall  be affected by any provision of this act, but
the same may be prosecuted or defended in the name of  the  commissioner
of the division of criminal justice services or the division of criminal
justice  services. In all such actions and proceedings, the commissioner
of the division of criminal justice services, upon  application  of  the
court, shall be substituted as a party.
  S  12. Transfer of appropriations heretofore made.  All appropriations
or reappropriations heretofore made to the New York state office for the
prevention of domestic violence to the extent of remaining unexpended or
unencumbered balance  thereof,  whether  allocated  or  unallocated  and
whether  obligated  or  unobligated,  are hereby transferred to and made
available for use and expenditure by the division  of  criminal  justice
services  subject  to the approval of the director of the budget for the
same purposes for which originally appropriated  or  reappropriated  and
shall  be  payable on vouchers certified or approved by the commissioner
of the division of criminal justice services on audit and warrant of the
comptroller.
  S 13. Transfer of assets and liabilities. All assets  and  liabilities
of the New York state office for the prevention of domestic violence are
hereby  transferred  to  and assumed by the division of criminal justice
services.

S. 2812                            53                            A. 4012

  S 14. The opening paragraph and subdivision (a) of  section  214-b  of
the  executive  law,  as  added  by chapter 222 of the laws of 1994, are
amended to read as follows:
  The  superintendent shall, for all members of the state police includ-
ing new and veteran officers,  develop,  maintain  and  disseminate,  in
consultation  with  the  [state]  office  for the prevention of domestic
violence, written policies and procedures consistent with article  eight
of the family court act and applicable provisions of the criminal proce-
dure  and  domestic  relations  laws, regarding the investigation of and
intervention in incidents of family offenses. Such policies  and  proce-
dures shall make provision for education and training in the interpreta-
tion  and  enforcement  of New York's family offense laws, including but
not limited to:
  (a) intake and recording  of  victim  statements,  on  a  standardized
"domestic  violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with  the  superinten-
dent  and  with the [state] DIRECTOR OF THE office for the prevention of
domestic violence, and the investigation  thereof  so  as  to  ascertain
whether a crime has been committed against the victim by a member of the
victim's  family or household as such terms are defined in section eight
hundred twelve of the family court act and section 530.11 of the  crimi-
nal procedure law;
  S  15.  Subdivision  1 of section 221-a of the executive law, as sepa-
rately amended by sections 14 and 67 of part A of chapter 56 of the laws
of 2010, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice  services[,]  AND  THE  office of court administration[, and the
office for the prevention of domestic violence,] shall develop a compre-
hensive plan for  the  establishment  and  maintenance  of  a  statewide
computerized  registry  of  all  orders of protection issued pursuant to
articles four, five, six and eight of  the  family  court  act,  section
530.12  of  the  criminal  procedure  law  and,  insofar as they involve
victims of domestic violence as defined by section four  hundred  fifty-
nine-a of the social services law, section 530.13 of the criminal proce-
dure law and sections two hundred forty and two hundred fifty-two of the
domestic  relations  law,  and  orders of protection issued by courts of
competent jurisdiction in another state, territorial or tribal jurisdic-
tion, special orders of conditions issued pursuant to  subparagraph  (i)
or  (ii)  of  paragraph  (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim  or  victims  of
domestic  violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services  law  or  a  designated  witness  or
witnesses to such domestic violence, and all warrants issued pursuant to
sections  one  hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined  in  subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal  procedure  law,  insofar  as  such  warrants  pertain  to orders of
protection or temporary orders of protection;  provided,  however,  that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section  530.13  of  the criminal procedure law shall not be included in
the registry. The  superintendent  shall  establish  and  maintain  such
registry  for  the  purposes  of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special  orders
of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.

S. 2812                            54                            A. 4012

  S 16. The opening paragraph of subdivision 15 of section  837  of  the
executive law, as amended by chapter 626 of the laws of 1997, is amended
to read as follows:
  Promulgate,  in  consultation  with the superintendent of state police
and the [state] DIRECTOR OF THE office for the  prevention  of  domestic
violence,  a  standardized  "domestic violence incident report form" for
use by state and  local  law  enforcement  agencies  in  the  reporting,
recording  and  investigation  of  all  alleged  incidents  of  domestic
violence, regardless of whether an arrest is made as a  result  of  such
investigation.  Such  form  shall  be prepared in multiple parts, one of
which shall be immediately provided to the  victim,  and  shall  include
designated  spaces  for:  the recordation of the results of the investi-
gation by the law enforcement agency and the basis for any action taken;
the recordation of a victim's allegations of domestic violence; the  age
and  gender  of  the  victim  and the alleged offender or offenders; and
immediately thereunder a space on which the victim may sign  and  verify
such  victim's  allegations.  Such  form  shall also include, but not be
limited to spaces to identify:
  S 17. Paragraph (f) of subdivision 3 of section 840 of  the  executive
law,  as  amended  by  section  5 of part Q of chapter 56 of the laws of
2009, is amended to read as follows:
  (f) Develop,  maintain  and  disseminate,  in  consultation  with  the
[state] office for the prevention of domestic violence, written policies
and procedures consistent with article eight of the family court act and
applicable  provisions  of the criminal procedure and domestic relations
laws, regarding the investigation of and intervention by new and veteran
police officers in incidents  of  family  offenses.  Such  policies  and
procedures  shall  make  provisions  for  education  and training in the
interpretation and  enforcement  of  New  York's  family  offense  laws,
including but not limited to:
  (1)  intake  and  recording  of  victim  statements, on a standardized
"domestic violence incident report form" promulgated by the division  of
criminal  justice  services  in  consultation with the superintendent of
state police, representatives of local police  forces  and  the  [state]
DIRECTOR  OF THE office for the prevention of domestic violence, and the
investigation thereof so as  to  ascertain  whether  a  crime  has  been
committed  against  the  victim  by  a  member of the victim's family or
household as such terms are defined in section eight hundred  twelve  of
the  family  court act and section 530.11 of the criminal procedure law;
and
  (2) the need for immediate intervention in family  offenses  including
the  arrest  and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the  criminal  procedure  law,  and  notifying
victims  of  their  rights,  including  but  not  limited to immediately
providing the victim with the written notice required in subdivision six
of section 530.11 of the criminal procedure law and subdivision five  of
section eight hundred twelve of the family court act;
  S  18.  Section  10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
  S 10-a. Domestic violence policy. The  commissioner  shall  study  the
issue  of  employees  separated  from employment due to acts of domestic
violence as referred to in and qualified by section four hundred  fifty-
nine-a  of  the social services law. The commissioner shall consult with
the [New York state] office for the prevention of domestic violence  and
its advisory council, the department of social services, the division of
women  and  members  of  the public in preparing such study.  Such study

S. 2812                            55                            A. 4012

shall include a review of case histories in which  unemployment  compen-
sation  was  sought  and  an analysis of the policies in other states. A
copy of such study shall be transmitted to the  temporary  president  of
the  senate  and  the  speaker  of  the  assembly  on  or before January
fifteenth, nineteen hundred ninety-six and shall contain  policy  recom-
mendations.
  S  19.  Section  10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
  S 10-b. Domestic violence employee  awareness  and  assistance.    The
commissioner  shall  assist  the  office  for the prevention of domestic
violence in the creation, approval and dissemination of  [the]  A  model
domestic  violence  employee awareness and assistance policy [as further
defined in subdivision nine of section five hundred seventy-five of  the
executive  law].  Upon  completion  and  approval  of the model [plan as
outlined in subdivision nine of section five hundred seventy-five of the
executive law] POLICY, the commissioner shall assist in the promotion of
the model policy to businesses in New York state.
  S 20. The opening paragraph of subdivision 2 of section 2803-p of  the
public  health  law,  as  added  by  chapter 271 of the laws of 1997, is
amended to read as follows:
  Every hospital having maternity and  newborn  services  shall  provide
information  concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother.  Such  information  shall
also  be  provided  by  every  diagnostic  and treatment center offering
prenatal care services to women upon an  initial  prenatal  care  visit.
The  commissioner shall, in consultation with the [state] office for the
prevention of domestic violence and the department of  social  services,
prepare,  produce and transmit such notice to such facilities in quanti-
ties sufficient to comply with the requirements of  this  section.  Such
notice  shall contain information which shall include but not be limited
to the effects of family violence and the services  available  to  women
and children experiencing family violence.
  S  21.  Subdivision  1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
  1. The department, in consultation with appropriate agencies including
but not limited to the [New York state] office  for  the  prevention  of
domestic  violence,  shall  by  regulation prescribe and implement safe-
guards on the confidentiality, integrity, accuracy, access, and the  use
of  all  confidential  information and other data handled or maintained,
including data obtained pursuant to section one hundred eleven-o of this
article and including such information and data maintained in the  auto-
mated  child support enforcement system. Such information and data shall
be maintained in a confidential manner designed to protect  the  privacy
rights  of the parties and shall not be disclosed except for the purpose
of, and to the extent necessary to, establish paternity,  or  establish,
modify or enforce an order of support.
  S 22. Subdivision (a) of section 483-ee of the social services law, as
amended  by  section 5 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
  (a) There is established an interagency task force on  trafficking  in
persons,  which  shall  consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and  disability  assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the  office of children and family services; (7) the commissioner of the

S. 2812                            56                            A. 4012

office of alcoholism and substance abuse services; (8) the  director  of
the  office  of  victim  services;  (9)  the [executive] director of the
office for the prevention of domestic violence; and (10) the superinten-
dent  of the division of state police; and others as may be necessary to
carry out the duties and responsibilities under this section.  The  task
force  will be co-chaired by the commissioners of the division of crimi-
nal justice services and the office of temporary and disability  assist-
ance,  or  their designees.   It shall meet as often as is necessary and
under circumstances as are appropriate to fulfilling  its  duties  under
this section.
  S  23.  Subdivision 6 of section 530.11 of the criminal procedure law,
as amended by chapter 224 of the laws of 1994, is  amended  to  read  as
follows:
  6.  Notice.  Every  police officer, peace officer or district attorney
investigating a family offense  under  this  article  shall  advise  the
victim  of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the  legal
rights  and remedies available to a victim of a family offense under the
relevant provisions of the criminal procedure law, the family court  act
and the domestic relations law. Such notice shall be prepared in Spanish
and  English  and  if  necessary,  shall  be delivered orally, and shall
include but not be limited to the following statement:
  "If you are the victim of domestic violence, you may request that  the
officer  assist  in providing for your safety and that of your children,
including providing information on how to obtain a  temporary  order  of
protection.  You may also request that the officer assist you in obtain-
ing your essential personal effects and  locating  and  taking  you,  or
assist  in  making arrangements to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more  than
a  single  county,  you may ask the officer to take you or make arrange-
ments to take you and your children to a place of safety in  the  county
where  the  incident  occurred.  If  you or your children are in need of
medical treatment, you have the right to request that the officer assist
you in obtaining such medical treatment. You may request a copy  of  any
incident  reports  at  no cost from the law enforcement agency. You have
the right to seek legal counsel of your own choosing and if you  proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a  criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against  you.  You
have  the  right  to  have  your  petition  and  request for an order of
protection filed on the same day you appear in court, and  such  request
must  be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you  and  your  children.  The
family  court  may also order the payment of temporary child support and
award temporary custody of your children. If the family court is not  in
session,  you  may  seek immediate assistance from the criminal court in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses  and  tele-
phone numbers shall be listed). The resources available in this communi-

S. 2812                            57                            A. 4012

ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing  800 numbers (the statewide English and Spanish language 800 numbers
shall  be listed and space shall be provided for local domestic violence
hotline telephone numbers).
  Filing a criminal complaint or  a  family  court  petition  containing
allegations that are knowingly false is a crime."
  The  division  of  criminal  justice services in consultation with the
[state] DIRECTOR OF THE office for the prevention of  domestic  violence
shall prepare the form of such written notice consistent with provisions
of  this  section  and  distribute copies thereof to the appropriate law
enforcement officials pursuant to  subdivision  nine  of  section  eight
hundred forty-one of the executive law.
  Additionally,  copies  of  such  notice shall be provided to the chief
administrator of the courts to  be  distributed  to  victims  of  family
offenses  through  the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the  public
health  law.  No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the  provisions  of  this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
  S  24.  Paragraph  2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009,  is  amended  to
read as follows:
  2.  provide for the development of training programs with the input of
and in consultation with the [state] office for the prevention of domes-
tic violence. Such training programs must include the dynamics of domes-
tic violence and  its  effect  on  victims  and  on  children,  and  the
relationship  between  such  dynamics  and  the issues considered by the
court, including, but not limited  to,  custody,  visitation  and  child
support.  Such training programs along with the providers of such train-
ing must be approved by the office  of  court  administration  following
consultation  with  and input from the [state] office for the prevention
of domestic violence; and
  S 25. Subdivision 5 of section 812 of the family court act, as amended
by chapter 224 of the laws of 1994, is amended to read as follows:
  5. Notice. Every police officer, peace officer  or  district  attorney
investigating  a  family  offense  under  this  article shall advise the
victim of the availability of a shelter or other services in the  commu-
nity,  and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under  the
relevant  provisions of the criminal procedure law, the family court act
and the domestic relations  law.  Such  notice  shall  be  available  in
English  and  Spanish  and,  if necessary, shall be delivered orally and
shall include but not be limited to the following statement:
  "If you are the victim of domestic violence, you may request that  the
officer  assist  in providing for your safety and that of your children,
including providing information on how to obtain a  temporary  order  of
protection.  You may also request that the officer assist you in obtain-
ing your essential personal effects and  locating  and  taking  you,  or
assist  in  making  arrangement to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more  than
a  single  county,  you may ask the officer to take you or make arrange-

S. 2812                            58                            A. 4012

ments to take you and your children to a place of safety in  the  county
where  the  incident  occurred.  If  you or your children are in need of
medical treatment, you have the right to request that the officer assist
you  in  obtaining such medical treatment. You may request a copy of any
incident reports at no cost from the law enforcement  agency.  You  have
the  right to seek legal counsel of your own choosing and if you proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a criminal complaint. You also have the right to file a petition in  the
family  court  when a family offense has been committed against you. You
have the right to have  your  petition  and  request  for  an  order  of
protection  filed  on the same day you appear in court, and such request
must be heard that same day or the next day court is in session.  Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent  or  defendant  to  stay away from you and your children. The
family court may also order the payment of temporary child  support  and
award  temporary custody of your children. If the family court is not in
session, you may seek immediate assistance from the  criminal  court  in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the  family  court and the local criminal court (the addresses and tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing 800 numbers (the statewide English and Spanish language 800  numbers
shall  be listed and space shall be provided for local domestic violence
hotline telephone numbers).
  Filing a criminal complaint or  a  family  court  petition  containing
allegations that are knowingly false is a crime."
  The  division  of  criminal  justice services in consultation with the
[state] DIRECTOR OF THE office for the prevention of  domestic  violence
shall  prepare  the  form  of  such  written  notice consistent with the
provisions of this section and distribute copies thereof to  the  appro-
priate law enforcement officials pursuant to subdivision nine of section
eight  hundred  forty-one  of the executive law. Additionally, copies of
such notice shall be provided to the chief administrator of  the  courts
to be distributed to victims of family offenses through the family court
at  such  time  as  such  persons first come before the court and to the
state department of health for distribution  to  all  hospitals  defined
under  article twenty-eight of the public health law. No cause of action
for damages shall arise in favor of any person by reason of any  failure
to  comply with the provisions of this subdivision except upon a showing
of gross negligence or willful misconduct.
  S 26. Section 621 of the executive law is amended by  adding  two  new
subdivisions 1-a and 1-b to read as follows:
  1-A. "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  1-B.  "COMMISSIONER"  SHALL  MEAN  THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  S 27. Section 622 of the executive law, as added by section 7 of  part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
  S  622.  Office  of  victim  services.  There is hereby created in the
[executive department] DIVISION OF CRIMINAL JUSTICE SERVICES, the office
of victim services, hereinafter in  this  article  referred  to  as  the
"office".  The  office  shall  be  headed  by  a  director, who shall be

S. 2812                            59                            A. 4012

appointed by the COMMISSIONER, SUBJECT TO THE APPROVAL OF  THE  governor
[for  a  term  of  three  years]. The director, IN CONSULTATION WITH THE
COMMISSIONER, shall coordinate and  recommend  policy  relating  to  the
provision  of  services  to  crime  victims. The [director] COMMISSIONER
shall appoint staff and perform such other functions to ensure the effi-
cient operation of the office within the amounts made available therefor
by appropriation.
  S 28. Section 623 of the executive law, as amended  by  section  8  of
part A-1 of chapter 56 of the laws of 2010, paragraph (a) of subdivision
20  as  separately amended by sections 37 and 71 of part A of chapter 56
of the laws of 2010, is amended to read as follows:
  S 623. Powers and duties of the office.  The  office  shall  have  the
following powers and duties:
  1.  To  [establish  and  maintain  a  principal  office and such other
offices within the state as it may deem necessary.
  2. To appoint a secretary, counsel, clerks and  such  other  employees
and  agents  as it may deem necessary, fix their compensation within the
limitations provided by law, and prescribe their duties.
  3. To adopt, promulgate, amend and rescind] RECOMMEND TO  THE  COMMIS-
SIONER  suitable  rules  and regulations to carry out the provisions and
purposes of this article,  including  rules  for  the  determination  of
claims,  rules  for  the  approval of attorneys' fees for representation
before the office and/or before the  appellate  division  upon  judicial
review  as provided for in section six hundred twenty-nine of this arti-
cle, and rules for the authorization  of  qualified  persons  to  assist
claimants in the preparation of claims for presentation to the office.
  [4.]  2.  To request from the division of state police, from county or
municipal police departments and agencies and from any  other  state  or
municipal  department  or  agency, or public authority, and the same are
hereby authorized to provide, such assistance and data  as  will  enable
the office to carry out its functions and duties.
  [5.]  3.  To  hear  and determine all claims for awards filed with the
office pursuant to this article, and to reinvestigate or reopen cases as
necessary.
  [6.] 4. To direct medical examination of victims.
  [7.] 5. To hold hearings, administer oaths  or  affirmations,  examine
any  person  under  oath or affirmation and to issue subpoenas requiring
the attendance and giving of testimony  of  witnesses  and  require  the
production  of  any  books,  papers,  documentary or other evidence. The
powers provided in this subdivision may be delegated by the  COMMISSION-
ER,  AFTER  CONSULTATION WITH THE director, to any member or employee of
the [office] DIVISION.  A subpoena issued under this  subdivision  shall
be regulated by the civil practice law and rules.
  [8.]  6. To take or cause to be taken affidavits or depositions within
or without the state.
  [9.] 7. To establish and maintain  a  special  investigative  unit  to
expedite  processing  of claims by senior citizens and special emergency
situations[, and to promote the establishment of a volunteer program  of
home visitation to elderly and invalid victims of violent crime].
  [10.]  8.  To  advise  and  assist the governor in developing policies
designed to recognize the legitimate  rights,  needs  and  interests  of
crime victims.
  [11.] 9. To coordinate state programs and activities relating to crime
victims.

S. 2812                            60                            A. 4012

  [12.]  10.  To cooperate with and assist political subdivisions of the
state and not-for-profit  organizations  in  the  development  of  local
programs for crime victims.
  [13.]  11.  To  study  the  operation of laws and procedures affecting
crime victims and recommend to the governor and legislature proposals to
improve the administration and effectiveness of such laws.
  [14. To establish an advisory council  to  assist  in  formulation  of
policies on the problems of crime victims and to provide recommendations
to  the  director  to improve the delivery of services to victims by the
office.
  15.] 12. To work with  national  associations,  statewide  coalitions,
regional  coalitions,  victim  service providers, and other advocates to
address and advance the rights and interests of  crime  victims  of  the
state.
  [16.]  13.  To  promote  and  conduct  studies, research, analyses and
investigations of matters affecting the interests of crime victims.
  [17.] 14. To coordinate training opportunities for crime victim  advo-
cates and service providers.
  [18.]  15.  To  serve  as  a clearinghouse for information relating to
crime victims' problems and programs.
  [19.] 16. To accept, with the approval of the governor,  as  agent  of
the  state,  any  grant  including  federal  grants, or any gift for the
purposes of this article. Any monies so received may be expended by  the
office  to effectuate any purpose of this article, subject to the appli-
cable provisions of the state finance law.
  [20.  To render each year to the governor and to the  legislature,  on
or  before December first of each year, a written report on the office's
activities including, but not limited to, specific information  on  each
of the subdivisions of this section, and the manner in which the rights,
needs  and interests of crime victims are being addressed by the state's
criminal justice system. Such report shall  also  include,  but  not  be
limited to:
  (a) Information transmitted by the office of probation and correction-
al alternatives under subdivision five of section 390.30 of the criminal
procedure law and subdivision seven of section 351.1 of the family court
act  which  the office shall compile, review and make recommendations on
how to promote the use of restitution and encourage its enforcement.
  (b) Information relating to the implementation of and compliance  with
article  twenty-three  of  this chapter by the criminal justice agencies
and the "crime victim-related agencies" of the state. Such report  shall
also  include  but  not be limited to information regarding crime victim
service programs, including:
  (1) the programs funded by the office;
  (2) other sources of funding for crime victims service programs;
  (3) an assessment of the adequacy of the current  level  of  appropri-
ation  to  the  office  to  meet  the  reasonable needs of crime victims
service programs for funding under section six hundred  thirty-one-a  of
this article; and
  (4) an estimate of the reasonable needs of programs in the next fiscal
year.
  21.  To  make  grants to local crime victim service programs and carry
out related duties under section six hundred thirty-one-a of this  arti-
cle.
  22.  To  delegate  to  specified  employees of the office the power to
disallow claims under circumstances  where  regulations  of  the  office
provide for disallowance without prejudice to the reopening of claims.]

S. 2812                            61                            A. 4012

  S  29.  Subdivisions  1 and 1-a of section 625-a of the executive law,
subdivision 1 as amended by section 15 of part A-1 of chapter 56 of  the
laws of 2010, and subdivision 1-a as added by chapter 416 of the laws of
1979, are amended to read as follows:
  1.  Every  police  station,  precinct  house, any appropriate location
where a crime may be reported and any location required by the rules and
regulations of the [office] DIVISION shall  have  available  informative
booklets,  pamphlets  and other pertinent written information, including
information cards, to be supplied by the [office] DIVISION, relating  to
the  availability  of crime victims compensation including all necessary
application blanks required to  be  filed  with  the  office  and  shall
display  prominently  posters  giving  notification of the existence and
general provisions of this article, those provisions of  the  penal  law
that  prohibit the intimidation of crime victims and the location of the
nearest crime victim service program. The COMMISSIONER, IN  CONSULTATION
WITH  THE  office, may issue guidelines for the location of such display
and shall provide posters,  application  forms,  information  cards  and
general  information.  Every  victim  who  reports a crime in any manner
whatsoever shall be given notice about the rights of crime  victims  and
the  existence  of  all  relevant local victim's assistance programs and
services pursuant to section six hundred twenty-five-b of this  article,
and supplied by the person receiving the report with information, appli-
cation blanks, and information cards which shall clearly state: (a) that
crime  victims  may be eligible for state compensation benefits; (b) the
address and phone number of the office; (c)  that  police  and  district
attorneys  can help protect victims against harassment and intimidation;
(d) the addresses and phone numbers of local  victim  service  programs,
where  appropriate,  or space for inserting that information; or (e) any
other information the office deems  appropriate.  Such  cards  shall  be
designed  by the DIVISION, IN CONSULTATION WITH THE office [in consulta-
tion with] AND local police, and shall be printed and distributed by the
[office] DIVISION.  The [office] DIVISION shall  develop  a  system  for
distributing a sufficient supply of the information cards referred to in
this  subdivision,  to  all  the appropriate designated locations, which
shall include a schedule for meeting that requirement.
  1-a. Every general hospital established under the laws of this  state,
which  maintains  facilities for providing out-patient emergency medical
care, shall display prominently in its  emergency  room  posters  giving
notification  of  the  existence and general provisions of this chapter.
The [board] DIVISION, IN CONSULTATION WITH THE OFFICE, may issue  guide-
lines for the location of such display and shall provide posters, appli-
cation  forms  and  general  information regarding the provision of this
chapter to each such hospital.
  S 30. Subdivision 1 of section 625-b of the executive law, as  amended
by  section 16 of part A-1 of chapter 56 of the laws of 2010, is amended
to read as follows:
  1. The commissioner [of the division of criminal justice services]  in
cooperation  with  the office shall develop and implement a standardized
procedure to be used by police officers,  county  sheriffs'  departments
and  state  police  officers whereby victims of crime are notified about
the rights of crime victims and the existence of  programs  designed  to
assist crime victims.
  S  31.  The  opening  paragraph and paragraph (f) of subdivision 1 and
subdivision 2 of section 627 of the executive law, as added  by  section
18 of part A-1 of chapter 56 of the laws of 2010, are amended to read as
follows:

S. 2812                            62                            A. 4012

  The  office  shall determine claims in accordance with rules and regu-
lations RECOMMENDED BY THE DIRECTOR AND promulgated  by  the  [director]
COMMISSIONER. Such rules and regulations must provide for:
  (f)  expedited determination of claims with respect to a livery opera-
tor VICTIM within thirty days of the  date  upon  which  the  claim  was
accepted for filing, as well as standards for awards of loss of earnings
or  support  granted  pursuant  to  rules and regulations promulgated in
accordance with the provisions of this subdivision and subdivision three
of section six hundred thirty-one of this article. Each award  for  loss
of  earnings pursuant to rules and regulations promulgated in accordance
with this subdivision made with respect to a claim  involving  a  livery
operator  assault  victim shall be for such period of time as the office
determines that the livery operator assault victim is unable to work and
has lost earnings as a result of such  assault,  in  an  amount  not  to
exceed  twenty  thousand  dollars.  Such  award  shall be distributed in
increments of five hundred dollars per week.  Each  award  for  loss  of
support pursuant to rules and regulations promulgated in accordance with
this  subdivision made with respect to a claim involving a livery opera-
tor homicide victim shall be in the amount of twenty  thousand  dollars,
distributed in increments of five hundred dollars per week; and
  2.  The claimant may, within thirty days after receipt of the decision
of the office regarding a claim, make an application in writing  to  the
director  of the office for reconsideration of such decision. The direc-
tor, or his or her designee, shall consider such applications in accord-
ance with rules and regulations RECOMMENDED BY THE DIRECTOR AND  promul-
gated  by  the  [director]  COMMISSIONER  and  may  affirm or modify the
decision. The decision of the director, or his or  her  designee,  shall
become the final determination of the office regarding the claim.
  S  32.  Paragraph (e) of subdivision 6 of section 631 of the executive
law, as amended by section 22 of part A-1 of chapter 56 of the  laws  of
2010, is amended to read as follows:
  (e)  The  COMMISSIONER,  UPON  RECOMMENDATION  OF  THE director, shall
promulgate such rules and regulations as are necessary for the implemen-
tation of this section.
  S 33. Subdivision 1 and the opening  paragraph  of  subdivision  2  of
section 631-a of the executive law, as amended by section 27 of part A-1
of chapter 56 of the laws of 2010, are amended to read as follows:
  1. The DIVISION, AFTER CONSULTATION WITH THE office shall make grants,
within  amounts  appropriated for that purpose, for crime victim service
programs to provide services  to  crime  victims  and  witnesses.  These
programs  shall  be  operated  at  the community level by not-for-profit
organizations, by agencies of local government  or  by  any  combination
thereof.  Crime  victim  service programs may be designed to serve crime
victims and witnesses in general in a particular community,  or  may  be
designed to serve a category of persons with special needs relating to a
particular kind of crime.
  The  COMMISSIONER,  UPON RECOMMENDATION OF THE director, shall promul-
gate regulations[,] relating to these grants, including  guidelines  for
its determinations.
  S  34.  Subparagraph (iv) of paragraph (a) of subdivision 7 of section
632-a of the executive law, as amended by section  24  of  part  A-1  of
chapter 56 of the laws of 2010, is amended to read as follows:
  (iv)  The  COMMISSIONER,  UPON  RECOMMENDATION  OF THE director, shall
adopt, promulgate, amend and repeal administrative rules and regulations
governing the procedures  to  be  followed  with  respect  to  hearings,
including rules and regulations for the administrative appeal of a deci-

S. 2812                            63                            A. 4012

sion  made  pursuant  to  this  paragraph, provided such rules and regu-
lations are consistent with the provisions of this subdivision.
  S  35.  Subdivisions  5  and 6 of section 634 of the executive law, as
amended by section 26 of part A-1 of chapter 56 of the laws of 2010, are
amended to read as follows:
  5. The director shall RECOMMEND AND THE COMMISSIONER SHALL adopt rules
and regulations to  carry  out  the  provisions  and  purposes  of  this
section.
  6.  The  [office]  DIVISION shall compile information on the number of
cases submitted to the attorney general, the number  of  actions  insti-
tuted by the attorney general to recover payments made to crime victims,
the  dollar  amount of recoveries made in such actions both on behalf of
the state and any awards made to victims who intervene in such  actions.
[The  office  shall include this information, and any recommendations to
the governor and legislature to improve the collection of awards, in its
annual report.]
  S 36. Subdivision 3-a  of  section  844-b  of  the  executive  law  is
REPEALED.
  S  37.  Transfer  of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office of victim services to the division of  criminal  justice
services  pursuant  to  section  622 of the executive law, as amended by
section twenty-seven of this act, all employees of the office of  victim
services  shall  be  transferred  to  the  division  of criminal justice
services. Employees transferred pursuant to this section shall be trans-
ferred without further examination or  qualification  and  shall  retain
their  respective  civil  service classifications, status and collective
bargaining unit designations and collective bargaining agreements.
  S 38. Transfer of records. All books,  papers,  and  property  of  the
office  of  victim  services  shall be deemed to be in possession of the
commissioner of the division of criminal justice  services.  All  books,
papers,  and property of the office of victim services shall continue to
be maintained by the division of criminal justice services.
  S 39. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act,  the  division  of
criminal  justice  services  shall  be deemed and held to constitute the
continuation of the office of victim services.
  S 40. Completion of unfinished business. Any business or other  matter
undertaken or commenced by the office of victim services or the director
thereof  pertaining  to  or  connected with the functions, powers, obli-
gations and duties hereby transferred and assigned to  the  division  of
criminal justice services and pending on the effective date of this act,
may  be  conducted  and  completed  by  the division of criminal justice
services in the same manner and under the same terms and conditions  and
with  the  same  effect  as  if conducted and completed by the office of
victim services.
  S 41. Continuation of rules and regulations. All  rules,  regulations,
acts,  orders,  determinations,  and  decisions  of the office of victim
services pertaining to the functions and powers herein  transferred  and
assigned,  in  force  at the time of such transfer and assumption, shall
continue in full force and effect as rules, regulations,  acts,  orders,
determinations  and  decisions  of  the  division  of  criminal  justice
services until duly modified or abrogated by  the  commissioner  of  the
division of criminal justice services.

S. 2812                            64                            A. 4012

  S 42. Terms occurring in laws, contracts and other documents. Whenever
the  office  of victim services or the commissioner thereof, is referred
to or designated in any law, contract  or  document  pertaining  to  the
functions,  powers,  obligations  and  duties  hereby transferred to and
assigned to the division of criminal justice services or the commission-
er  of  the  division  of  criminal  justice services, such reference or
designation shall be deemed to refer to the division of criminal justice
services or commissioner of the division of criminal  justice  services,
as applicable.
  S  43.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be  lost,  impaired  or  affected  by  any
provisions of this act.
  S 44. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
office of victim services or the director thereof, shall be affected  by
any provision of this act, but the same may be prosecuted or defended in
the  name  of  the  commissioner  of  the  division  of criminal justice
services or the division of  criminal  justice  services.  In  all  such
actions  and  proceedings,  the commissioner of the division of criminal
justice services, upon application of the court, shall be substituted as
a party.
  S 45. Transfer of appropriations heretofore made.  All  appropriations
or  reappropriations heretofore made to the office of victim services to
the extent of remaining  unexpended  or  unencumbered  balance  thereof,
whether  allocated  or unallocated and whether obligated or unobligated,
are hereby transferred to and made available for use and expenditure  by
the division of criminal justice services subject to the approval of the
director of the budget for the same purposes for which originally appro-
priated  or reappropriated and shall be payable on vouchers certified or
approved by  the  commissioner  of  the  division  of  criminal  justice
services on audit and warrant of the comptroller.
  S  46.  Transfer of assets and liabilities. All assets and liabilities
of the office of victim services are hereby transferred to  and  assumed
by the division of criminal justice services.
  S 47. Intentionally Omitted.
  S 48. Section 41 of the correction law, as added by chapter 865 of the
laws of 1975, is amended to read as follows:
  S  41.  State commission of correction[; organization]. 1. There shall
be within  the  [executive  department]  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  a  state  commission  of correction. It shall consist of three
persons to be appointed by the governor[, by and  with  the  advice  and
consent  of  the  senate].  The  governor  shall  designate  one  of the
appointed members as [chairman] CHAIR to serve as such at  the  pleasure
of  the governor.  The [members] CHAIR shall devote full time to [their]
THE duties OF THAT OFFICE and shall BE THE ONLY SALARIED MEMBER AND hold
no other salaried public position. THE  REMAINING  MEMBERS  SHALL,  WHEN
PERFORMING  THE  WORK OF THE COMMISSION, BE COMPENSATED AT A RATE OF TWO
HUNDRED FIFTY DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.  NOTHING
IN  THIS  SECTION  SHALL  IMPAIR THE INDEPENDENCE OF THE COMMISSION WITH
RESPECT TO ITS CONSTITUTIONAL ROLE.
  2. The members shall hold office for terms  of  five  years;  provided
that  of  the  three  members  first appointed, AFTER APRIL 1, 2010, one
shall serve for a term of two years, one shall serve for a term of three
years and one shall serve for a term of five years  from  January  first
next  succeeding  their  appointment. No NON-SALARIED member shall serve

S. 2812                            65                            A. 4012

for more than ten years. Any member of the commission may be removed  by
the  governor  for  cause after an opportunity to be heard in his OR HER
defense.
  3.  Any  member chosen to fill a vacancy created other than by expira-
tion of term shall be appointed for the unexpired  term  of  the  member
whom he is to succeed.  Vacancies caused by expiration of term or other-
wise shall be filled in the same manner as original appointments.
  S 49. Section 42 of the correction law, as added by chapter 865 of the
laws  of 1975, paragraphs 1 and 2 of subdivision (a) as amended by chap-
ter 309 of the laws of 1996, paragraph 4 of subdivision (a)  as  amended
by chapter 55 of the laws of 1992, is amended to read as follows:
  S  42.  Citizen's  policy  and complaint review council; organization;
functions, powers and duties. (a) 1. There shall be within  the  commis-
sion  a  citizen's policy and complaint review council. It shall consist
of nine persons to be appointed by the governor[, by and with the advice
and consent of the senate]. One person so appointed shall have served in
the armed forces of the United States [in Indochina at any time from the
first day of January, nineteen hundred sixty-three, to an including  the
seventh  day  of  May, nineteen hundred seventy-five] who was discharged
therefrom under other than dishonorable conditions, or shall be  a  duly
licensed  mental  health professional who has professional experience or
training with regard to post-traumatic stress syndrome.   One person  so
appointed  shall  be an attorney admitted to practice in this state. One
person so appointed shall be a former inmate of a correctional facility.
One person so appointed shall be a former correction officer. One person
so appointed shall be a former resident of [a  division  for  youth]  AN
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES secure center. One person so
appointed shall be a former employee of the [division for youth]  OFFICE
OF  CHILDREN  AND FAMILY SERVICES who has directly supervised youth in a
secure residential center operated by the [division]  OFFICE.  In  addi-
tion,  the  [governor shall designate one of the full-time members other
than the chairman of the commission as chairman of the council to  serve
as  such  at the pleasure of the governor] CHAIR OF THE COMMISSION SHALL
SERVE AS CHAIR OF THE COUNCIL.
  2. The nine appointed members of the council  shall  hold  office  for
five  years;  provided  that  of  the seven members first appointed, two
shall be appointed for a term of one year, two shall be appointed for  a
term of two years, one shall be appointed for a term of three years, one
shall  be  appointed for a term of four years and one shall be appointed
for a term of five  years  from  January  first  next  succeeding  their
appointment.  Any  appointed member of the council may be removed by the
governor for cause after an opportunity  to  be  heard  in  his  OR  HER
defense.
  3.  Any  member  chosen  to  fill [in] a vacancy created other than by
expiration of term shall be appointed for  the  unexpired  term  of  the
member  whom he OR SHE is to succeed. Vacancies caused by the expiration
of term or otherwise shall be filled in  the  same  manner  as  original
appointments.
  4. The members of the council other than the chairman shall receive no
compensation  for their services but each member other than the chairman
shall be entitled to receive his or her actual  and  necessary  expenses
incurred in the performance of his or her duties.
  5.  No appointed member of the council shall qualify or enter upon the
duties of [his] office, or remain therein, while [he] SUCH MEMBER is  an
officer  or  employee  of the department of correctional services or any
correctional facility or is in a position  where  he  OR  SHE  exercises

S. 2812                            66                            A. 4012

administrative  supervision  over any correctional facility. The council
shall have such staff as shall be necessary to assist it in the perform-
ance of its duties within the amount of the  appropriation  therefor  as
determined by the [chairman of the commission] COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
  (b) The council and each member thereof shall have the following func-
tions, powers and duties:
  1. To investigate, review or take such other action as shall be deemed
necessary  or  proper with respect to complaints or grievances regarding
any local correctional facility or part thereof as shall  be  called  to
its attention in writing.
  2.  To  have  access,  at any and all times, to any local correctional
facility or part thereof and to all books, records, and data  pertaining
to any local correctional facility which are deemed necessary for carry-
ing out the council's functions, powers and duties.
  3.  To  obtain from administrators, officers or employees of any local
correctional facility any information deemed necessary for  the  purpose
of carrying out its functions, powers and duties.
  4.  To request and receive temporary office space in any local correc-
tional facility for the purpose of carrying out  its  functions,  powers
and duties.
  5. To report periodically to the commission and, where appropriate, to
make  such  recommendations  as are necessary to fulfill the purposes of
this article to the commission and to the  administrator  of  any  local
correctional facility.
  (c)  In  addition  to  the  functions, powers and duties prescribed by
subdivision (b) of this section, the council shall:
  1. Advise and assist the commission in developing policies, plans  and
programs  for  improving  the commission's performance of its duties and
for coordinating the efforts of the commission and of correctional offi-
cials to improve conditions of  care,  treatment,  safety,  supervision,
rehabilitation,  recreation,  training  and  education  in  correctional
facilities;
  2. [Foster and promote research and study  in  areas  of  correctional
policy  and  program  development  deemed  necessary or desirable by the
commission or the council;
  3.] Meet at least once per calendar month at a time and  place  desig-
nated by the [chairman] CHAIR of the council.
  S 50. Section 43 of the correction law, as added by chapter 865 of the
laws of 1975, subdivisions 1 and 2 as amended by chapter 379 of the laws
of 1988, is amended to read as follows:
  S 43. Correction medical review board; organization. 1. There shall be
within  the  commission  a  correction  medical  review  board. It shall
consist of six persons to be appointed by the governor [by and with  the
advice  and  consent  of  the  senate]. In addition, the [governor shall
designate one of the full-time members other than the  chairman  of  the
commission  and  the chairman of the council as chairman of the board to
serve as such at the pleasure of the governor] CHAIR OF  THE  COMMISSION
SHALL SERVE AS CHAIR OF THE BOARD. Of the appointed members of the board
one  shall  be  a physician duly licensed to practice in this state; one
shall be a physician duly licensed to practice in this state and a board
certified forensic pathologist; one shall be a physician  duly  licensed
to  practice  in  this  state  and  shall  be a board certified forensic
psychiatrist; one shall be an attorney  admitted  to  practice  in  this
state; two shall be members appointed at large.

S. 2812                            67                            A. 4012

  2.  The  six appointed members of the board shall hold office for five
years; provided that of the two members first appointed, after  December
thirty-first,  nineteen  hundred  eighty-seven  who are not appointed to
succeed any other member of the board, one shall be appointed for a term
of  four  years and one shall be appointed for a term of five years from
January first next succeeding their appointment.   Any appointed  member
of  the board may be removed by the governor for cause after an opportu-
nity to be heard in his OR HER defense.
  3. Any member chosen to fill a vacancy created other than  by  expira-
tion  of  term  shall  be appointed for the unexpired term of the member
whom he OR SHE is to succeed.  Vacancies caused by expiration of term or
otherwise shall be filled in the same manner as original appointments.
  4. The members of the board shall receive no  compensation  for  their
services  but  each  member  shall be entitled to receive his actual and
necessary expenses incurred in the performance of his OR HER duties.
  S 51. Section 44 of the correction law, as added by chapter 865 of the
laws of 1975, is amended to read as follows:
  S 44. [Chairman] ORGANIZATION of commission. 1. The  [chairman]  CHAIR
shall  be  the  executive  officer  of the commission, the board and the
council.
  2. The [chairman] COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, UPON CONSULTATION WITH THE CHAIR, may appoint such assistants,
officers and employees, committees and consultants for the board and the
council as he OR SHE may determine necessary, prescribe their powers and
duties,  fix  their  compensation and provide for reimbursement of their
expenses within amounts appropriated therefor.
  3. The [chairman] COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES,  UPON  CONSULTATION  WITH  THE  CHAIR, may, from time to time,
create, abolish, transfer and consolidate bureaus and other units within
the commission, the board and the council not expressly  established  by
law  as he OR SHE may determine necessary for the efficient operation of
the commission, the board and the council, subject to  the  approval  of
the director of the budget.
  4.  The  [chairman] CHAIR may request and receive from any department,
division, board, bureau, commission or other agency of the state or  any
political  subdivision  thereof or any public authority such assistance,
information and data as will enable the commission, the  board  and  the
council properly to carry out its functions, powers and duties.
  S 52. Section 45 of the correction law, as added by chapter 865 of the
laws of 1975, subdivision 3 as amended by section 1 of part Q of chapter
56 of the laws of 2009, subdivisions 6 and 10 as amended by section 7 of
part  Q  of  chapter 56 of the laws of 2009, subdivision 6-a as added by
chapter 577 of the laws of 1979, subdivision 6-b as added by chapter 309
of the laws of 1996, subdivision 8 as amended by section 2 of part D  of
chapter  63  of  the  laws  of  2005,  paragraph (b) of subdivision 8 as
amended by section 4 of part H of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  S  45.  Functions, powers and duties of the commission. The commission
shall have the following functions, powers and duties:
  1. Advise and assist the governor in developing  policies,  plans  and
programs for improving the administration of correctional facilities and
the delivery of services therein.
  2.  Make  recommendations to administrators of correctional facilities
for improving the administration of such correctional facilities and the
delivery of services therein.

S. 2812                            68                            A. 4012

  3.  Except  in  circumstances  involving  health,  safety  or  alleged
violations  of  established  standards  of  the commission, visit[,] and
inspect correctional facilities consistent with a schedule determined by
the [chairman] CHAIR of the commission, taking into consideration avail-
able  resources,  workload  and staffing, and appraise the management of
such correctional facilities with specific attention to matters such  as
safety, security, health of inmates, sanitary conditions, rehabilitative
programs,  disturbance and fire prevention and control preparedness, and
adherence to laws and regulations governing the rights of inmates.
  4. Establish procedures to assure effective  investigation  of  griev-
ances of, and conditions affecting, inmates of local correctional facil-
ities.    Such procedures shall include but not be limited to receipt of
written complaints, interviews of persons,  and  on-site  monitoring  of
conditions.   In addition, the commission shall establish procedures for
the speedy and impartial review of grievances  referred  to  it  by  the
commissioner of the department of correctional services.
  5. Ascertain and recommend such system of employing inmates of correc-
tional  facilities as may, in the opinion of said commission, be for the
best interest of the public and of said inmates and not in conflict with
the provisions of the constitution or laws of the state relating to  the
employment of inmates.
  6. [Promulgate] RECOMMEND TO THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL  JUSTICE SERVICES rules and regulations establishing minimum stand-
ards for the review of the construction or improvement  of  correctional
facilities  and  the  care, custody, correction, treatment, supervision,
discipline, and other correctional programs for all persons confined  in
correctional  facilities.  [Such] ANY SUCH rules and regulations PROMUL-
GATED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
shall  be  forwarded  to  the  governor,  the temporary president of the
senate and the speaker of the assembly  no  later  than  January  first,
nineteen hundred seventy-six and annually thereafter.
  6-a.  [Promulgate]  RECOMMEND  TO  THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, WHO SHALL PROMULGATE, rules  and  regulations
to  assure  that  persons  in  custody in local correctional facilities,
including persons awaiting arraignment, are furnished or have access  to
the  type of food required by their religious dietary rules or medically
prescribed diets, if any.
  6-b. [Promulgate] RECOMMEND TO THE COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES, WHO SHALL PROMULGATE, rules and regulations,
in consultation with the division for youth, establishing minimum stand-
ards for the  care,  custody,  rehabilitation,  treatment,  supervision,
discipline  and  other  programs for correctional facilities operated by
the division for youth.
  7. Place such members of its staff as [it]  THE  COMMISSIONER  OF  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES deems appropriate as monitors in
any local correctional facility which, in the judgment of the commission
AND THE COMMISSIONER OF  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,
presents  an  imminent  danger  to the health, safety or security of the
inmates or employees of such correctional facility or of the public.
  8. (a) Close any correctional facility which is unsafe, unsanitary  or
inadequate to provide for the separation and classification of prisoners
required  by  law or which has not adhered to or complied with the rules
or regulations promulgated with respect to  any  such  facility  by  the
[commission]  COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
pursuant to the provisions of subdivision six of this section; provided,
however, that before such facility may be closed due to conditions which

S. 2812                            69                            A. 4012

are unsafe, unsanitary or inadequate to provide for the  separation  and
classification of prisoners, the commission shall cause a citation to be
mailed  to the appropriate municipal or other official at least ten days
before  the  return  day  thereof  directing the responsible authorities
designated to appear before such commission at the time  and  place  set
forth  in  the  citation,  and show cause why such correctional facility
should not be closed. After a hearing thereon or  upon  the  failure  to
appear,  such  commission is empowered to order such facility designated
in the citation  closed  within  twenty  days,  during  which  time  the
respondent  authority  may  review  such order in the manner provided in
article seventy-eight of the  civil  practice  law  and  rules,  in  the
supreme  court. Fifteen days after the order to close has been served by
a registered letter upon the appropriate official if no court review has
been taken, and fifteen days after the order of such commission has been
confirmed by the court, in case of court review,  such  facility  desig-
nated  in the order shall be closed, and it shall be unlawful to confine
or detain any person therein and any officer confining or detaining  any
person therein shall be guilty of a class A misdemeanor.
  (b)  Before  a correctional facility as defined in subdivision four of
section two of this chapter, may be closed for a reason other than those
set forth in paragraph  (a)  of  this  subdivision,  the  provisions  of
section seventy-nine-a of this chapter shall be adhered to.
  10. Approve or reject plans and specifications for the construction or
improvement  of  correctional facilities that directly affect the health
of inmates and staff, safety, or security.
  12. Make an annual report to the governor and  legislature  concerning
its  work and the work of the board and the council during the preceding
year, and such further interim reports to the governor, or to the gover-
nor and legislature, as it shall deem advisable, or as shall be required
by the governor.
  13. Accept, with the approval of the COMMISSIONER OF THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  AND THE governor, as agent of the state any
grant, including federal grants, or any gift for any of the purposes  of
this article. Any moneys so received may be expended by the [commission]
COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES to effectuate
any purpose of this article, subject  to  the  same  limitations  as  to
approval  of  expenditures  and audit as are prescribed for state moneys
appropriated for the purposes of this article.
  14. [Enter] SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF  THE  DIVI-
SION OF CRIMINAL JUSTICE SERVICES, ENTER into contracts with any person,
firm, corporation, municipality, or governmental agency.
  15.  [Adopt] RECOMMEND THAT THE COMMISSIONER OF THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES ADOPT, amend or rescind such rules and  regulations
as  may  be necessary or convenient to the performance of the functions,
powers and duties of the commission.
  16. [Do] SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF  THE  DIVISION
OF  CRIMINAL  JUSTICE SERVICES, DO all other things necessary or conven-
ient to carry out its functions, powers and duties expressly  set  forth
in this article.
  S  53.  Subdivisions  1  and 4 of section 46 of the correction law, as
added by chapter 865 of the  laws  of  1975,  are  amended  to  read  as
follows:
  1.    The  commission,  any  member  or any employee designated by the
[commission] CHAIR must be granted access at any and all  times  to  any
correctional  facility  or  part  thereof and to all books, records, and
data pertaining to any correctional facility deemed necessary for carry-

S. 2812                            70                            A. 4012

ing out the commission's functions, powers and duties.  The  commission,
any  member  or  any  employee  designated  by  the [chairman] CHAIR may
require from the officers or employees of a  correctional  facility  any
information deemed necessary for the purpose of carrying out the commis-
sion's functions, powers and duties.
  4.  In  any  case  where  any  rule  or  regulation promulgated by the
[commission] COMMISSIONER OF THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
pursuant  to  subdivision six of section forty-five or the laws relating
to the construction, management and affairs of any correctional facility
or the care, treatment and discipline of its inmates, are being  or  are
about  to  be violated, the commission shall notify the person in charge
or control of the facility of such violation, recommend remedial action,
and direct such person to comply with the rule, regulation  or  law,  as
the  case  may  be.  Upon  the failure of such person to comply with the
rule, regulation or law the commission may apply to  the  supreme  court
for  an  order  directed  to  such person requiring compliance with such
rule, regulation or law. Upon such application the court may issue  such
order as may be just and a failure to comply with the order of the court
shall be a contempt of court and punishable as such.
  S  54.  Paragraphs  (d)  and (e) of subdivision 1 of section 47 of the
correction law, as added by chapter 865 of the laws of 1975, are amended
to read as follows:
  (d) Upon review of the cause of death  and  circumstances  surrounding
the  death  of  any inmate, the board shall submit its report thereon to
the commission AND THE COMMISSIONER OF THE DIVISION OF CRIMINAL  JUSTICE
SERVICES  and,  where  appropriate,  make recommendations to prevent the
recurrence of such deaths to the commission,  THE  COMMISSIONER  OF  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  and  the administrator of the
appropriate correctional facility.
  (e) Investigate and report to the commission AND THE  COMMISSIONER  OF
THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES on the condition of systems
for the delivery of medical care to inmates of  correctional  facilities
and  where appropriate recommend such changes as it shall deem necessary
and proper to improve the quality and availability of such medical care.
  S 55. Transfer of employees. Notwithstanding any  other  provision  of
law, rule, or regulation to the contrary, upon the transfer of functions
from  the  state  commission  of  correction to the division of criminal
justice services pursuant to  section  41  of  the  correction  law,  as
amended by section 48 of this act, all employees of the state commission
of  correction  shall be transferred to the division of criminal justice
services. Employees transferred pursuant to this section shall be trans-
ferred without further examination or  qualification  and  shall  retain
their  respective  civil  service classifications, status and collective
bargaining unit designations and collective bargaining agreements.
  S 56. Transfer of records. All books,  papers,  and  property  of  the
state  commission  of correction shall be deemed to be in the possession
of the commissioner of the division of criminal  justice  services.  All
books,  papers, and property of the state commission of correction shall
continue to be maintained by the division of criminal justice services.
  S 57. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act,  the  division  of
criminal  justice  services  shall  be deemed and held to constitute the
continuation of the state commission of correction.
  S 58. Completion of unfinished business. Any business or other  matter
undertaken  or  commenced  by  the state commission of correction or the

S. 2812                            71                            A. 4012

chair thereof pertaining to or connected  with  the  functions,  powers,
obligations  and  duties hereby transferred and assigned to the division
of criminal justice services and pending on the effective date  of  this
act,  may be conducted and completed by the division of criminal justice
services in the same manner and under the same terms and conditions  and
with  the same effect as if conducted and completed by the state commis-
sion of correction.
  S 58-a. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the state  commission  of
correction pertaining to the functions and powers herein transferred and
assigned,  in  force  at the time of such transfer and assumption, shall
continue in full force and effect as rules, regulations,  acts,  orders,
determinations  and  decisions  of  the  division  of  criminal  justice
services until duly modified or abrogated by  the  commissioner  of  the
division of criminal justice services.
  S 59. Terms occurring in laws, contracts and other documents. Whenever
the  state  commission of correction or the chair thereof is referred to
or designated in any law, contract or document pertaining to  the  func-
tions, powers, obligations and duties hereby transferred to and assigned
to  the division of criminal justice services or the commissioner of the
division of criminal justice services,  such  reference  or  designation
shall be deemed to refer to the division of criminal justice services or
commissioner  of  the division of criminal justice services, as applica-
ble.
  S 60. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 61. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
state  commission  of correction or the chair thereof, shall be affected
by any provision of this act, but the same may be prosecuted or defended
in the name of the commissioner of  the  division  of  criminal  justice
services  or  the  division  of  criminal  justice services. In all such
actions and proceedings, the commissioner of the  division  of  criminal
justice services, upon application of the court, shall be substituted as
a party.
  S  62.  Transfer of appropriations heretofore made. All appropriations
or  reappropriations  heretofore  made  to  the  state   commission   of
correction to the extent of remaining unexpended or unencumbered balance
thereof, whether allocated or unallocated and whether obligated or unob-
ligated,  are  hereby  transferred  to  and  made  available for use and
expenditure by the division of criminal justice services subject to  the
approval  of  the director of the budget for the same purposes for which
originally appropriated or reappropriated and shall be payable on vouch-
ers certified or approved by the commissioner of the division of  crimi-
nal justice services on audit and warrant of the comptroller.
  S  63.  Transfer of assets and liabilities. All assets and liabilities
of the state commission or correction  are  hereby  transferred  to  and
assumed by the division of criminal justice services.
  S  63-a. Subdivision 2 of section 89-a of the correction law, as added
by chapter 409 of the laws of 1991, is amended to read as follows:
  2. Notwithstanding any other provisions of law, no variance  authoriz-
ing  an  alternate  correctional  facility to exceed its design capacity
shall be granted after  March  fifteenth,  nineteen  hundred  ninety-two
unless  the  mayor  of  the  city of New York submits, together with the
variance request, a certificate of emergency demonstrating the need  for

S. 2812                            72                            A. 4012

such  variance  and  that reasonable alternatives to the granting of the
variance do not exist, and containing a  detailed  summary  of  measures
that will be taken to restore compliance with such design capacity.  The
[chairman]  CHAIR  of the state commission of correction shall transmit,
in a timely manner, notice of such request to the chairmen of the senate
crime and correction committee and the assembly correction committee.
  S 64. Section 500-k of the correction law, as amended by  chapter  476
of the laws of 1970, is amended to read as follows:
  S  500-k.  Treatment  of inmates. Subdivisions five and six of section
one hundred thirty-seven of this chapter relating to  the  treatment  of
inmates  in  state  correctional  facilities  are  applicable to inmates
confined in county jails; except that the report required  by  paragraph
(d)  of subdivision six of such section shall be made to a person desig-
nated to receive such report in the rules and regulations of  the  DIVI-
SION  OF  CRIMINAL JUSTICE SERVICES, PROMULGATED AFTER CONSULTATION WITH
THE state commission of correction, or in any county or city where there
is a department of correction, to the head of such department.
  S 65. Section 500-k of the correction law, as amended by chapter 2  of
the laws of 2008, is amended to read as follows:
  S  500-k.  Treatment  of inmates. Subdivisions five and six of section
one hundred thirty-seven of this chapter, except paragraphs (d) and  (e)
of subdivision six of such section, relating to the treatment of inmates
in  state  correctional facilities are applicable to inmates confined in
county jails; except that the report required by paragraph (f) of subdi-
vision six of such section shall be  made  to  a  person  designated  to
receive  such  report  in  the  rules and regulations of the DIVISION OF
CRIMINAL JUSTICE SERVICES, PROMULGATED AFTER CONSULTATION WITH THE state
commission of correction, or in any county or  city  where  there  is  a
department of correction, to the head of such department.
  S  66.  Subdivision 2 of section 504 of the correction law, as amended
by section 8 of part Q of chapter 56 of the laws of 2009, is amended  to
read as follows:
  2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate disturbance or other
extraordinary  circumstances,  including  but  not  limited to a natural
disaster, unanticipated deficiencies in the structural  integrity  of  a
facility  or the inability to provide one or more inmates with essential
services such as medical care, upon the request of the  municipal  offi-
cial as defined in subdivision four of section forty of this chapter and
no  other  suitable  place  within  the county nor the jail of any other
county is immediately available to house some or all of the inmates, the
commissioner  of  correctional  services  may,  in  his  or   her   sole
discretion,  make available, upon such terms and conditions as he OR SHE
may deem appropriate, all or any part of a state  correctional  institu-
tion for the confinement of some or all of such inmates as an adjunct to
the county jail for a period not to exceed thirty days.  However, if the
county  jail  remains unfit or unsafe for the confinement of some or all
of such inmates beyond thirty days, the state commission of  correction,
with  the  consent  of  the  commissioner  of correctional services, may
extend the availability of a state correctional institution for  one  or
more  additional thirty day periods. The COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, UPON RECOMMENDATION OF THE  state  commission
of  correction,  shall  promulgate  rules  and regulations governing the
temporary transfer of inmates to state  correctional  institutions  from
county  jails including but not limited to provisions for confinement of
such inmates in the nearest correctional facility, to the maximum extent

S. 2812                            73                            A. 4012

practicable, taking into account necessary security.   The  commissioner
of  correctional  services  may, in his or her sole discretion, based on
standards promulgated by the  department,  determine  whether  a  county
shall reimburse the state for any or all of the actual costs of confine-
ment  as  approved  by the director of the division of the budget. On or
before the expiration of each thirty day period, the state commission of
correction must make an appropriate designation pursuant to  subdivision
one  if  the  county jail remains unfit or unsafe for the confinement of
some or all of the inmates and consent to the continued availability  of
a  state  correctional institution as required for herein.  The superin-
tendence, management and control of a state correctional institution  or
part thereof made available pursuant hereto and the inmates housed ther-
ein shall be as directed by the commissioner of correctional services.
  S  67.  Subdivision (g) of section 601 of the correction law, as added
by chapter 640 of the laws of 1988 and as relettered  by  section  2  of
part D of chapter 56 of the laws of 2008, is amended to read as follows:
  (g)  The  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES,
UPON CONSULTATION WITH THE state commission of correction, shall promul-
gate a rule and regulation which prescribes the manner in  which  confi-
dential material shall be transmitted between local correctional facili-
ties.
  S  68. Subdivision 5 of section 804 of the correction law, as added by
chapter 680 of the laws of 1967, is amended to read as follows:
  5. The COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  IN
CONSULTATION  WITH  THE state commission of correction, shall promulgate
record keeping rules and  regulations  for  the  granting,  withholding,
forfeiture,  cancellation  and  restoration  of allowances authorized by
this section.
  S 69. Subdivision 4 of section 804-a of the correction law,  as  added
by chapter 220 of the laws of 1987, is amended to read as follows:
  4.  The  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
CONSULTATION WITH THE state commission of correction,  shall  promulgate
record  keeping  rules  and  regulations  for the granting, withholding,
forfeiture, cancellation and restoration  of  allowances  authorized  by
this section.
  S  70.  Paragraph (f) of subdivision 1 of section 169 of the executive
law, as separately amended by section 11 of part A-1 and section  10  of
part O of chapter 56 of the laws of 2010, is amended to read as follows:
  (f) executive director of adirondack park agency, commissioners of the
state liquor authority, commissioners of the state civil service commis-
sion,  [members of state commission of correction,] members of unemploy-
ment insurance appeal board, and members of  the  workers'  compensation
board.
  S 71. Subdivision 1 of section 265 of the executive law, as amended by
section  31  of  part  A of chapter 56 of the law of 2010, is amended to
read as follows:
  1. In administering the provisions of this  article,  the  office  may
perform such other and further acts and recommend to the commissioner of
the  division of criminal justice services such rules and regulations it
deems necessary, proper or desirable to carry out the  purpose  of  this
article and not otherwise inconsistent with the other provisions of this
article,  chapter or any other provision of law. This shall include, but
not be limited to, the office's consultation with the chief  administra-
tive  judge  of the office of court administration, the [chairman] CHAIR
of the state commission of correction and the commissioner of alcoholism
and substance abuse services.

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  S 72.  Paragraph (o) of subdivision 1 of section 2782  of  the  public
health  law,  as added by chapter 584 of the laws of 1988, is amended to
read as follows:
  (o) an employee or agent of the [commission of correction] DIVISION OF
CRIMINAL  JUSTICE SERVICES, in accordance with paragraph (a) of subdivi-
sion two of section twenty-seven hundred eighty-six of this article,  to
the  extent  the  employee  or  agent  is  authorized  to access records
containing such information in order to  carry  out  the  [commission's]
STATE  COMMISSION  OF  CORRECTION'S  functions,  powers  and duties with
respect to the protected individual, pursuant to article  three  of  the
correction law.
  S  73.    Paragraph (a) of subdivision 2 of section 2786 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (a)  Each  state  agency authorized pursuant to this article to obtain
confidential HIV related information shall,  in  consultation  with  the
department  of health, promulgate regulations: (1) to provide safequards
to prevent discrimination,  abuse  or  other  adverse  actions  directed
toward  protected  individuals;  (2)  to prohibit the disclosure of such
information except in accordance with  this  article;  (3)  to  seek  to
protect  individuals  in contact with the protected individual when such
contact creates a significant risk of contracting  or  transmitting  HIV
infection  through  the  exchange  of  body fluids, and (4) to establish
criteria for determining when it is reasonably necessary for a  provider
of  a health or social service or the state agency or a local government
agency to have or to use confidential HIV related information for super-
vision, monitoring, investigation, or administration and for determining
which employees and agents may, in the ordinary course  of  business  of
the agency or provider, be authorized to access confidential HIV related
information  pursuant  to  the  provisions  of paragraphs (l) and (m) of
subdivision one and subdivision  six  of  section  twenty-seven  hundred
eighty-two  of  this article; and provided further that such regulations
shall be promulgated by the [chairperson] COMMISSIONER OF  THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES  IN  CONSULTATION  WITH THE CHAIR of the
commission of correction where disclosure is made pursuant to paragraphs
(n) and (o) of subdivision one of section twenty-seven  hundred  eighty-
two of this article.
  S  74.  Subdivision 2 of section 285 of the education law, as added by
section 6 of part O of chapter 57 of the laws of  2005,  is  amended  to
read as follows:
  2.  The  commissioner is authorized to expend up to one hundred seven-
ty-five thousand dollars annually to provide grants  to  public  library
systems  operating  under  an  approved plan of service for provision of
services to county jail facilities. Such formula grants shall assist the
library system in making available to  the  inmate  population  of  such
facility or facilities the library resources of such system. Such grants
shall  be  available  to each public library system in such manner as to
insure that the ratio of the amount each system is eligible  to  receive
equals  the  ratio  of  the  number of inmates served by the county jail
facility to the total number of inmates served by county jail facilities
in the state as of July first of the year preceding the calendar year in
which the state aid to public library systems  is  to  be  paid.  Inmate
populations  shall  be  certified  by the [New York] state commission of
correction. The commissioner shall adopt any  regulations  necessary  to
carry out the purposes and provisions of this subdivision.

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  S  75.  Paragraph  e of subdivision 7 of section 3202 of the education
law, as added by chapter 683 of the laws of 1986, is amended to read  as
follows:
  e.  The  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
CONSULTATION WITH THE CHAIR OF THE state commission of correction  shall
promulgate  rules  and regulations in consultation with the commissioner
which shall require each correctional facility operated by a  county  or
the  city  of New York to cooperate with the school district or board of
cooperative educational services providing educational services  and  to
comply with the requirements of this subdivision.
  S 76. Subdivision 3 of section 240 of the executive law, as amended by
section  1  of  part  A of chapter 56 of the laws of 2010, is amended to
read as follows:
  3. The  commissioner[,  in  consultation  with  the  director,]  shall
appoint  staff  and perform such other functions to ensure the efficient
operation of the office within the amounts made  available  therefor  by
appropriation.
  S  77.  Paragraph (f) of subdivision 1 of section 169 of the executive
law, as separately amended by section 11 of part A-1 and section  10  of
part O of chapter 56 of the laws of 2010, is amended to read as follows:
  (f) executive director of adirondack park agency, commissioners of the
state liquor authority, commissioners of the state civil service commis-
sion,  [members of state commission of correction,] members of unemploy-
ment insurance appeal board, and members of  the  workers'  compensation
board.
  S 78. This act shall take effect immediately, provided that the amend-
ments  to  subdivision  (a) of section 483-ee of the social services law
made by section twenty-two of this act shall not affect  the  repeal  of
such  section  and shall be deemed repealed therewith; and provided that
the amendments to subdivision 1 of section 265 of the executive law made
by section seventy-one of this act shall not affect the repeal  of  such
section  and  shall  be  deemed  repealed  therewith;  and provided that
section sixty-five of this act shall take effect on the same date and in
the same manner as chapter 1 of the laws  of  2008,  as  amended,  takes
effect.

                                 PART C

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as  Subparts A and B. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart.   Any provision  in  any  section  contained  within  a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of  this   act", when used  in  connection  with
that  particular  component,  shall  be  deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. Legislative intent.   New York's sentencing  structure  has
undergone  a  number  of  profound and fundamental changes over the last
seventeen years. Starting in 1995, the state has moved steadily from  an
indeterminate  sentencing format to a determinate sentencing format. The

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state now requires determinate sentences for violent  felony  offenders,
drug  offenders,  and  sex  offenders who are sentenced to state prison.
These determinately sentenced offenders are no  longer  eligible  for  a
discretionary release on parole. Instead, the date of their release from
prison is governed solely and exclusively by their behavior while incar-
cerated.
  Similarly,  with  the enactment of the presumptive release statute for
certain non-violent offenders with indeterminate sentences,  the  parole
release  decision  is  increasingly  made by corrections officials. As a
consequence, the board of parole's workload is lighter and its important
business is being handled by fewer members than are currently authorized
by law. The board's workload will continue to diminish  as  the  overall
mix of the inmate population continues to evolve.
  Another  fundamental  change  occurred  in  1996  when the legislature
changed the penal law to include as an express purpose of  imprisonment,
the  promotion of inmates' successful and productive reentry into socie-
ty. Toward this end, many new responsibilities have been placed on  both
corrections  officials  and  parole officials to ready inmates for their
release into the community such as: obtaining their  birth  certificates
and  social security cards prior to release, preparing Medicaid applica-
tions as warranted, securing identification cards from the department of
motor vehicles, and providing them with  voter  registration  forms.  In
addition,  transitional  services programs have now become mandatory for
all inmates. Transition accountability plans will be developed for  each
inmate,  starting with their time in general confinement and culminating
with the inmate's successful reintegration into the community.  Further-
more, direct linkages with local agencies  have  been  greatly  enhanced
with the creation of Re-entry Task Forces throughout the state.
  As  a result of the evolution of the sentencing structure and focus on
reentry the historical separation  of  the  department  of  correctional
services  and  the division of parole is no longer warranted. In view of
the commonality of purpose governing the fundamental  missions  of  both
agencies,  a  single  new  state agency should be created to oversee the
combined responsibilities of both and, in effect, provide for a seamless
network for the care, custody, treatment and supervision  of  a  person,
from  the  day a sentence of state imprisonment commences, until the day
such person is discharged from supervision in the  community.  This  not
only  will  enhance  public  safety by achieving better outcomes for the
greatest number of individuals being released from prison, but also will
allow for  greater  efficiencies  and  the  elimination  of  duplicative
responsibilities, thus resulting in significant savings for the state.
  While housed in the new state agency, it is fundamental that the board
of  parole  retain  its authority to make release decisions based on the
board members' independent judgment and application of statutory  crite-
ria.  To  this  end,  the  legislation  makes clear that the board shall
continue to exercise its independence when determining the  appropriate-
ness  of  granting  inmates discretionary release to parole supervision.
The new agency's provision of administrative support will not  undermine
the board's independent decision-making authority.
  S  1-a.  Subdivisions  1, 2 and 18 of section 2 of the correction law,
subdivisions 1 and 2 as separately amended by chapter 475 and 476 of the
laws of 1970 and subdivision 18 as amended by section 1 of part  AAA  of
chapter  56 of the laws of 2009, are amended and a new subdivision 31 is
added to read as follows:
  1. "Department" means the state department of [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION;

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  2.  "Commissioner"  means  the  state  commissioner  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION;
  18.  "Alcohol  and  substance  abuse  treatment correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories, which provide intensive alcohol  and  substance  abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  six  months  of  being an eligible inmate as that term is defined in
subdivision two of section  eight  hundred  fifty-one  of  this  chapter
including such inmates who are participating in such program pursuant to
subdivision  six of section 60.04 of the penal law.  Notwithstanding the
foregoing provisions of this subdivision, any inmate to be  enrolled  in
this  program  pursuant to subdivision six of section 60.04 of the penal
law shall be governed by the same rules and regulations  promulgated  by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing  discipline  and  removal  from the program. No such period of
court ordered corrections based drug abuse treatment  pursuant  to  this
subdivision  shall  be  required to extend beyond the defendant's condi-
tional release date. Such treatment services may be provided by  one  or
more  outside  service providers pursuant to contractual agreements with
[both] the department [and the division of parole],  provided,  however,
that  any such provider shall be required to continue to provide, either
directly or through formal or informal agreement with  other  providers,
alcohol  and  substance  abuse  treatment  services  to inmates who have
successfully participated in  such  provider's  incarcerative  treatment
services  and who have been PRESUMPTIVELY RELEASED, paroled [or], condi-
tionally released OR RELEASED TO  POST  RELEASE  SUPERVISION  under  the
supervision  of  the  [division  of parole] DEPARTMENT and who are, as a
condition of [their parole or conditional]  SUCH  release,  required  to
participate  in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in  accordance  with  minimum
standards  promulgated  by  the  department  after consultation with the
office of alcoholism and substance  abuse  services.  Such  services  to
parolees  shall  be provided in accordance with standards promulgated by
the [division of parole] DEPARTMENT after consultation with  the  office
of  alcoholism  and  substance abuse services. Notwithstanding any other
provision of law, any person who has successfully completed no less than
six months of intensive alcohol and substance abuse  treatment  services
in  one of the department's eight designated alcohol and substance abuse
treatment correctional annexes having a combined total capacity  of  two
thousand  five  hundred fifty beds may be transferred to a program oper-
ated by or at a residential treatment facility, provided however, that a
person under a determinate sentence as a second felony drug offender for
a class B felony offense defined in article two hundred  twenty  of  the
penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
shall not be eligible to be transferred to a program operated at a resi-
dential treatment facility until the time served under imprisonment  for
his or her determinate sentence, including any jail time credited pursu-
ant  to subdivision three of section 70.30 of the penal law, shall be at
least nine months. The commissioner shall report annually to the  tempo-
rary  president of the senate and the speaker of the assembly commencing
January first, [nineteen hundred ninety-two as to the efficacy  of  such
programs  including  but not limited to a comparative analysis of state-
operated and private sector provision of treatment services and recidiv-

S. 2812                            78                            A. 4012

ism. Such report shall also include] TWO THOUSAND TWELVE the  number  of
inmates  received  by the department during the reporting period who are
subject to a sentence  which  includes  enrollment  in  substance  abuse
treatment  in  accordance  with  subdivision six of section 60.04 of the
penal law, the number of such inmates who are not placed in such  treat-
ment program and the reasons for such occurrences.
  31.  "COMMUNITY  SUPERVISION"  MEANS  THE  SUPERVISION  OF INDIVIDUALS
RELEASED INTO THE COMMUNITY ON TEMPORARY RELEASE,  PRESUMPTIVE  RELEASE,
PAROLE, CONDITIONAL RELEASE, POST RELEASE SUPERVISION OR MEDICAL PAROLE.
  S  2. Subdivision 18 of section 2 of the correction law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  18. "Alcohol and substance  abuse  treatment  correctional  annex."  A
medium security correctional facility consisting of one or more residen-
tial  dormitories  which  provide  intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in six months of being an eligible inmate as that  term  is  defined  in
subdivision  two  of  section  eight  hundred  fifty-one of this chapter
including such inmates who are participating in such program pursuant to
subdivision six of section 60.04 of the penal law.  Notwithstanding  the
foregoing  provisions  of this subdivision, any inmate to be enrolled in
this program pursuant to subdivision six of section 60.04 of  the  penal
law  shall  be governed by the same rules and regulations promulgated by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing discipline and removal from the program.  No  such  period  of
court  ordered  corrections  based drug abuse treatment pursuant to this
subdivision shall be required to extend beyond  the  defendant's  condi-
tional  release  date. Such treatment services may be provided by one or
more outside service providers pursuant to contractual  agreements  with
[both]  the  department [and the division of parole], provided, however,
that any such provider shall be required to continue to provide,  either
directly  or  through formal or informal agreement with other providers,
alcohol and substance abuse  treatment  services  to  inmates  who  have
successfully  participated  in  such  provider's incarcerative treatment
services and who have been PRESUMPTIVELY RELEASED, paroled [or],  condi-
tionally  released  OR  RELEASED  TO  POST RELEASE SUPERVISION under the
supervision of the [division of parole] DEPARTMENT and  who  are,  as  a
condition  of  [their  parole  or conditional] SUCH release, required to
participate in alcohol or substance abuse treatment. Such  incarcerative
services  shall  be  provided in the facility in accordance with minimum
standards promulgated by the  department  after  consultation  with  the
office  of  alcoholism  and  substance  abuse services. Such services to
parolees shall be provided in accordance with standards  promulgated  by
the  [division  of parole] DEPARTMENT after consultation with the office
of alcoholism and  substance  abuse  services.  The  commissioner  shall
report  annually to the majority leader of the senate and the speaker of
the assembly commencing January first, [nineteen hundred  ninety-two  as
to  the efficacy of such programs including but not limited to a compar-
ative analysis of state-operated and private sector provision of  treat-
ment  services and recidivism. Such report shall also include] TWO THOU-
SAND TWELVE the number of inmates received by the department during  the
reporting period who are subject to a sentence which includes enrollment
in  substance  abuse  treatment  in  accordance  with subdivision six of

S. 2812                            79                            A. 4012

section 60.04 of the penal law, the number of such inmates who  are  not
placed in such treatment program and the reasons for such occurrences.
  S  3.  The  article  heading  of  article  2 of the correction law, as
amended by chapter 475 of the laws  of  1970,  is  amended  to  read  as
follows:
       DEPARTMENT OF [CORRECTIONAL SERVICES; STATE BOARD OF PAROLE]
                             CORRECTIONS AND
                          COMMUNITY SUPERVISION
  S  4.  Section 5 of the correction law, as added by chapter 475 of the
laws of 1970, subdivision 4 as added by chapter 547 of the laws of 1995,
subdivision 5 as added by chapter 448 of the laws of 2000  and  subdivi-
sion  6 as added by chapter 7 of the laws of 2007, is amended to read as
follows:
  S 5. Department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION;  commissioner.  1. There shall be in the state government a
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION. The head of the department shall be the commissioner of [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, who shall be
appointed by the governor, by and with the advice  and  consent  of  the
senate,  and  hold office at the pleasure of the governor by whom he was
appointed and until his successor is appointed and has qualified.
  2. The commissioner of [correctional services] CORRECTIONS AND  COMMU-
NITY SUPERVISION shall be the chief executive officer of the department.
  3.  The  principal office of the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION shall be in the county of Albany.
  4. The commissioner is hereby authorized and empowered to convert  the
sentence  of a person serving an indeterminate sentence of imprisonment,
except a person serving a sentence with a maximum term of life imprison-
ment, to a determinate sentence of imprisonment equal to  two-thirds  of
the  maximum  or aggregate maximum term imposed where such conversion is
necessary to make such person eligible for transfer  either  to  federal
custody  or  to  foreign  countries  under treaties that provide for the
voluntary transfer of such persons on the execution of  penal  sentences
entered  into  by the government of the United States with foreign coun-
tries.
  5. The commissioner upon  request,  may  in  his  or  her  discretion,
authorize  the  purchase  and presentation of a flag of the state of New
York to the person designated to dispose of the remains  of  a  deceased
correction officer OR PAROLE OFFICER.
  6. The commissioner shall have the discretion to enter into agreements
with  the  commissioner  of  mental health for the provision of security
services relating to article ten of the mental hygiene law.
  S 5. Section 7 of the correction law, as amended by chapter 519 of the
laws of 1980, and subdivision 4 as added by chapter 35 of  the  laws  of
1984, is amended to read as follows:
  S 7. Organization of department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION; officers and employees; delegation by commis-
sioner.  1.  The commissioner of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION may, from time to time, create, abolish,  transfer
and consolidate divisions, bureaus and other units within the department
not  expressly  established  by law as he OR SHE may determine necessary
for the efficient operation of the department, subject to  the  approval
of the director of the budget.
  2.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION may appoint such deputies,  directors,  assistants  and
other officers and employees as may be needed for the performance of his

S. 2812                            80                            A. 4012

OR  HER  duties  and may prescribe their powers and duties and fix their
compensation within the amounts appropriated therefor.
  3.  The  commissioner may by order filed in the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION delegate  any  of
his  OR HER powers to or direct any of his OR HER duties to be performed
by a deputy commissioner or a head of  a  division  or  bureau  of  such
department.
  4. The commissioner shall not appoint any person as a correction offi-
cer  OR PAROLE OFFICER, unless such person has attained his twenty-first
birthday.
  S 6. Section 8 of the correction law, as added by chapter 887  of  the
laws  of  1983,  subdivision  2 as amended by chapter 358 of the laws of
1984, subdivisions 3, 6, and 7 as amended by chapter 354 of the laws  of
1986,  and  subdivision 4 as amended by chapter 205 of the laws of 2002,
is amended to read as follows:
  S 8. Testing of certain applicants for employment.  1.  Any  applicant
for employment with the department as a correction officer at a facility
of  the  department, shall be tested in accordance with the requirements
of this section.
  2. The department is hereby authorized to conduct, or  to  enter  into
agreements necessary for conducting tests for psychological screening of
applicants  covered  by this section. Any such tests shall consist of at
least three independent psychological instruments  and  shall  meet  the
level  of  the  art  for psychological instruments to be used in a vali-
dation study developed for selection of such applicants. Such psycholog-
ical instruments shall be used in testing and  selection  of  applicants
for  positions  referred to in subdivision one of this section.  Persons
who have been determined by a psychologist licensed under  the  laws  of
this  state  as  suffering  from  psychotic disorders, serious character
disorders, or other disorders which could hinder performance on the  job
may  be deemed ineligible for appointment; provided, however, that other
components of the employee selection process may be taken into consider-
ation in reaching the determination as to whether a candidate is  deemed
eligible  or  ineligible  for certification to a list of eligible candi-
dates. The  department's  testing  program  shall  include  a  component
consisting  of  criteria  related  validity  studies  or  other validity
studies acceptable under relevant federal law  governing  equal  employ-
ment.
  3.  The  commissioner or his OR HER designee shall advise those candi-
dates who have been deemed ineligible for appointment through psycholog-
ical screening and shall notify such persons of their  right  to  appeal
their disqualification. A person so deemed may apply to the commissioner
for a review of the findings within thirty days of the date of notifica-
tion.    The commissioner shall refer the matter to an independent advi-
sory board to review any recommendation. A copy of the advisory  board's
recommendations  shall  be  promptly forwarded to the parties and to the
commissioner. If the advisory board's recommendation is rejected by  the
commissioner, wholly or in part, the commissioner shall state his OR HER
reasons for such rejection in writing.
  4.  The  advisory  board  shall  consist of three members who shall be
selected by the president of the civil service commission.  The  member-
ship  of  the  board  shall consist of: A psychologist[,] and a psychia-
trist, both of whom shall be licensed under the laws of this state,  and
a  third member who shall be a representative of the department of civil
service. The department of civil service shall maintain a list of alter-
nate  board  members  comprised  of  psychologists  and   psychiatrists,

S. 2812                            81                            A. 4012

licensed  under the laws of this state, and representatives nominated by
the president of the civil service commission,  who  shall  sit  on  the
advisory  board  in  the  event  a designated member is unable to serve,
provided,  however,  THAT  at  all  times  the  advisory  board  must be
comprised of a psychiatrist, a psychologist and a representative of  the
department  of  civil service. Each of the members of the advisory board
and their alternates so selected shall serve  at  the  pleasure  of  the
president  of  the  civil  service  commission.  Each of the members and
alternates so selected shall be reimbursed for services and actual costs
at a per diem rate not to exceed nine hundred dollars for  the  psychia-
trist,  seven  hundred  dollars  for  the  psychologist  and six hundred
dollars  for  the  representative  of  the  civil  service   department;
provided,  however,  that  if any member of or alternate to the advisory
board is an employee of the state of New York, then such  representative
shall only receive reimbursement for actual costs incurred.
  5. The commissioner or his OR HER designee shall advise the department
of  civil  service  of those persons who have been determined under this
section as being eligible for appointment  from  any  list  of  eligible
candidates.
  6.  Notwithstanding  any  other  provision  of law, the results of the
tests administered pursuant to this section shall be used solely for the
qualification of a candidate for correction officer and  the  validation
of  the  psychological instruments utilized. For all other purposes, the
results of the examination shall be confidential and the records  sealed
by  the  department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION, and not be available to any other agency or  person  except
by  authorization of the applicant or, upon written notice by order of a
court of this state or the United States.
  7. Prior to March first of each year, the commissioner of the  depart-
ment  of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION
will report to the governor, president of the senate and speaker of  the
assembly  on  the  conduct  of the psychological testing program and the
results of such program in improving the quality of  correction  officer
candidates.
  S 7. Intentionally omitted.
  S  8. The correction law is amended by adding a new section 10 to read
as follows:
  S 10. PAROLE OFFICERS. 1. EMPLOYEES IN THE DEPARTMENT WHO PERFORM  THE
DUTIES OF SUPERVISING INMATES RELEASED ON COMMUNITY SUPERVISION SHALL BE
PAROLE OFFICERS.
  2.  NO PERSON SHALL BE ELIGIBLE FOR THE POSITION OF PAROLE OFFICER WHO
IS UNDER TWENTY-ONE YEARS OF AGE OR WHO DOES NOT POSSESS A BACCALAUREATE
DEGREE CONFERRED  BY  A  POST-SECONDARY  INSTITUTION  ACCREDITED  BY  AN
ACCREDITING  AGENCY RECOGNIZED BY THE UNITED STATES OFFICE OF EDUCATION,
OR WHO IS NOT FIT  PHYSICALLY,  MENTALLY  AND  MORALLY.  PAROLE  OFFICER
SELECTION  SHALL  BE  BASED  ON DEFINITE QUALIFICATIONS AS TO CHARACTER,
ABILITY AND TRAINING WITH AN EMPHASIS ON CAPACITY AND ABILITY TO PROVIDE
A BALANCED APPROACH TO INFLUENCING HUMAN BEHAVIOR AND TO USE JUDGMENT IN
THE ENFORCEMENT OF THE RULES AND REGULATIONS OF  COMMUNITY  SUPERVISION.
PAROLE OFFICERS SHALL BE PERSONS LIKELY TO EXERCISE A STRONG AND HELPFUL
INFLUENCE  UPON  PERSONS  PLACED UNDER THEIR SUPERVISION WHILE RETAINING
THE GOAL OF PROTECTING SOCIETY.
  3. THE COMMISSIONER, ACTING IN  COOPERATION  WITH  THE  CIVIL  SERVICE
COMMISSION, SHALL ESTABLISH STANDARDS, PRELIMINARY REQUISITES AND REQUI-
SITES TO GOVERN THE SELECTION AND APPOINTMENT OF PAROLE OFFICERS.

S. 2812                            82                            A. 4012

  4.  A  PAROLE  OR  WARRANT  OFFICER, IN PERFORMING OR IN ATTEMPTING TO
PERFORM AN ARREST PURSUANT TO AND IN CONFORMANCE WITH THE PROVISIONS  OF
ARTICLE ONE HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, SHALL BE DEEMED
TO  HAVE  PERFORMED SUCH ACTIONS, RELATING TO SUCH ARREST, IN THE COURSE
OF EMPLOYMENT IN THE DEPARTMENT FOR PURPOSES OF DISABILITY OR DEATH FROM
ANY INJURIES ARISING THEREFROM. THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY  WHETHER OR NOT SUCH PAROLE OR WARRANT OFFICER WAS ON DUTY FOR THE
DEPARTMENT AT THE TIME OF PERFORMING  SUCH  ACTIONS  OR  PERFORMED  SUCH
ACTIONS OUTSIDE OF HIS OR HER REGULAR OR USUAL DUTIES WITHIN THE DEPART-
MENT.
  S  9. The correction law is amended by adding a new section 11 to read
as follows:
  S 11. HEARING OFFICERS. 1.  THE  COMMISSIONER  SHALL  APPOINT  HEARING
OFFICERS   WHO   SHALL   BE  AUTHORIZED  TO  CONDUCT  PAROLE  REVOCATION
PROCEEDINGS. A HEARING OFFICER CONDUCTING SUCH PROCEEDINGS SHALL CONSID-
ER ONLY THE EVIDENCE THAT IS INTRODUCED AT SUCH  HEARING  AND  SHALL  BE
REQUIRED  TO  MAKE  A  WRITTEN DECISION IN ACCORDANCE WITH STANDARDS AND
RULES ADOPTED BY THE DEPARTMENT.
  2. THE COMMISSIONER, ACTING IN  COOPERATION  WITH  THE  CIVIL  SERVICE
COMMISSION, SHALL ESTABLISH STANDARDS, PRELIMINARY REQUISITES AND REQUI-
SITES TO GOVERN THE SELECTION AND APPOINTMENT OF HEARING OFFICERS.  SUCH
STANDARDS  AND  REQUISITES  SHALL  BE  DESIGNED  TO  ASSURE THAT PERSONS
SELECTED AS HEARING OFFICERS HAVE THE ABILITY TO CONDUCT PAROLE  REVOCA-
TION  PROCEEDINGS  FAIRLY  AND  IMPARTIALLY.  SUCH  STANDARDS  SHALL NOT
REQUIRE PRIOR EXPERIENCE AS A PAROLE OFFICER.
  S 10. Section 18 of the correction law, as amended by chapter  708  of
the laws of 1984 and subdivision 1 as amended by chapter 306 of the laws
of 1985, is amended to read as follows:
  S 18. Superintendents of correctional facilities.  1. Each correction-
al  facility  shall  have a superintendent who shall be appointed by the
commissioner [of correctional services]. Each such superintendent  shall
be in the non-competitive-confidential class but shall be appointed from
employees  of the department who have at least three years of experience
in correctional work in the department and  (i)  who  have  a  permanent
civil  service appointment of salary grade twenty-seven or higher or who
have a salary equivalent to a salary grade of twenty-seven or higher for
correctional facilities with  an  inmate  population  capacity  of  four
hundred  or  more  inmates,  or  (ii) who have a permanent civil service
appointment of salary grade twenty-three or higher or who have a  salary
equivalent  to a salary grade of twenty-three or higher for correctional
facilities with an inmate population capacity of fewer than four hundred
inmates; provided that for correctional facilities of  either  capacity,
the  employee  shall  be appointed superintendent at the hiring rate set
forth in section nineteen of this article or such other rate as  may  be
appropriate,  subject  to  the  approval  of the director of the budget;
provided that in no event shall the salary upon appointment  exceed  the
job  rate.    Such  superintendents  shall  serve at the pleasure of the
commissioner  and  shall  have  such  other  qualifications  as  may  be
prescribed  by  the  commissioner  [of  correctional services], based on
differences in duties, levels of responsibility, size and  character  of
the correctional facility, knowledge, skills and abilities required, and
other factors affecting the position.
  2.  Subject  to the rules and statutory powers of the commissioner [of
correctional services], or rules approved by him OR HER, the superinten-
dent of a correctional facility shall have the supervision  and  manage-
ment thereof.

S. 2812                            83                            A. 4012

  3.  Subject  to  the  direction  of  the commissioner [of correctional
services], and of  the  deputy  and  assistant  commissioners  in  their
respective  fields  of supervision, the superintendent of a correctional
facility shall direct the work and define the duties of all officers and
subordinates of the facility.
  S  11.  Subdivision 1 of section 24 of the correction law, as added by
chapter 283 of the laws of 1972, is amended to read as follows:
  1. No civil action shall be brought in any court of the state,  except
by  the  attorney general on behalf of the state, against any officer or
employee of the department, WHICH FOR PURPOSES  OF  THIS  SECTION  SHALL
INCLUDE  MEMBERS  OF  THE  STATE BOARD OF PAROLE, in his OR HER personal
capacity, for damages arising out of any act  done  or  the  failure  to
perform  any act within the scope of the employment and in the discharge
of the duties by such officer or employee.
  S 12. Section 29 of the correction law, as added by chapter 654 of the
laws of 1974, subdivision 1 as amended by chapter 598  of  the  laws  of
1990  and  subdivision 4 as amended by section 1 of part R of chapter 56
of the laws of 2005, is amended to read as follows:
  S 29. Department statistics.  1.  The  department  shall  continue  to
collect,  maintain,  and  analyze  statistical and other information and
data with respect to persons subject to the jurisdiction of the  depart-
ment,  including  but  not  limited  to: (a) the number of such persons:
placed in the custody of the department, assigned to a specific  depart-
ment  program,  accorded  [temporary  release,  paroled or conditionally
released, paroled or conditionally released] COMMUNITY  SUPERVISION  and
declared  delinquent,  recommitted  to  a state correctional institution
upon  revocation  of   [parole   or   conditional   release]   COMMUNITY
SUPERVISION,  or  [discharge]  DISCHARGED  upon  maximum  expiration  of
sentence; (b) the criminal history of  such  persons;  (c)  the  social,
educational,  and vocational circumstances of any such persons; and, (d)
the institutional[, parole and conditional release] AND COMMUNITY SUPER-
VISION programs and THE behavior of such persons. Provided, however,  in
the  event  any  statistical information on the ethnic background of the
inmate population of a correctional facility or facilities is  collected
by  the  department, such statistical information shall contain, but not
be limited to, the following  ethnic  categories:  (i)  Caucasian;  (ii)
Asian;  (iii) American Indian; (iv) Afro-American/Black; and (v) Spanish
speaking/Hispanic which category shall include, but not be  limited  to,
the  following  subcategories  consisting  of:  (1)  Puerto  Ricans; (2)
Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
  2. The commissioner [of correctional services] shall make rules as  to
the  privacy  of  records,  statistics  and other information collected,
obtained and maintained by the department, its institutions or the board
of parole and information obtained in an official capacity by  officers,
employees or members thereof.
  3.  The  commissioner  [of correctional services] shall have access to
records and criminal statistics collected by the  division  of  criminal
justice services and the commissioner of criminal justice services shall
have  access to records and criminal statistics collected by the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
as   the   [commissioners]   COMMISSIONER   of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and THE COMMISSIONER  OF  criminal
justice services shall mutually determine.
  4. The commissioner [of the department of correctional services] shall
provide  an  annual  report  to  the  legislature  on  the  staffing  of
correction officers  and  correction  sergeants  in  state  correctional

S. 2812                            84                            A. 4012

facilities. Such report shall include, but not be limited to the follow-
ing  factors:  the number of security posts on the current plot plan for
each facility that have been closed on a daily  basis,  by  correctional
facility  security  classification  (minimum,  medium  and maximum); the
number of security positions eliminated by correctional  facility  since
two thousand compared to the number of inmates incarcerated in each such
facility;  a  breakdown by correctional facility security classification
(minimum, medium, and maximum) of the staff hours of overtime worked, by
year since two thousand and the annual aggregate costs related  to  this
overtime.  In  addition, such report shall be delineated by correctional
facility security classification, the annual number  of  security  posi-
tions  eliminated,  the number of closed posts and amount of staff hours
of overtime accrued as well as the overall  overtime  expenditures  that
resulted.  Such  report  shall  be  provided to the chairs of the senate
finance, assembly ways and  means,  senate  crime  and  corrections  and
assembly correction committees by December thirty-first.
  S 13. Subdivision 3 of section 40 of the correction law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
  3. "Correctional facility" means any institution operated by the state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, any local correctional facility, or any place used, pursuant  to
a  contract  with  the  state  or  a  municipality, for the detention of
persons charged with or convicted of a crime, or,  for  the  purpose  of
this article only, a secure facility operated by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  14.  Paragraph 5 of subdivision (a) of section 42 of the correction
law, as added by chapter 865 of the laws of 1975, is amended to read  as
follows:
  5.  No appointed member of the council shall qualify or enter upon the
duties of his office, or remain therein,  while  he  is  an  officer  or
employee  of  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or any correctional facility or is in  a  position
where  he  exercises  administrative  supervision  over any correctional
facility. The council shall have such staff as  shall  be  necessary  to
assist  it  in  the  performance  of its duties within the amount of the
appropriation therefor as determined by the chairman of the commission.
  S 15. Subdivision 4 of section 45 of the correction law, as  added  by
chapter 865 of the laws of 1975, is amended to read as follows:
  4.  Establish  procedures  to assure effective investigation of griev-
ances of, and conditions affecting, inmates of local correctional facil-
ities.  Such procedures shall include but not be limited to  receipt  of
written  complaints,  interviews  of  persons, and on-site monitoring of
conditions.  In addition, the commission shall establish procedures  for
the  speedy  and  impartial  review  of grievances referred to it by the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION.
  S  16.  The  opening  paragraph  of  paragraph (a) of subdivision 8 of
section 71 of the correction law, as amended by chapter 508 of the  laws
of 2010, is amended to read as follows:
  In  each  year  in  which the federal decennial census is taken but in
which the United States bureau of the census does not implement a policy
of reporting incarcerated persons  at  each  such  person's  residential
address   prior   to  incarceration,  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION shall by September first
of that same year deliver to the legislative task force  on  demographic
research  and  reapportionment the following information for each incar-

S. 2812                            85                            A. 4012

cerated person subject to the jurisdiction of the department and located
in this state on the date for which the decennial census  reports  popu-
lation:
  S 17. Subdivision 2 of section 72-b of the correction law, as added by
section  48  of  part B of chapter 58 of the laws of 2004, is amended to
read as follows:
  2. No inmate about to be paroled, conditionally released, transferred,
released or discharged shall be referred to  any  adult  home,  enriched
housing  program  or  residence for adults, as defined in section two of
the social services law, where the department of [correctional  services
or  state  division of parole] CORRECTIONS AND COMMUNITY SUPERVISION has
received written notice that the facility has been placed on the "do not
refer list" pursuant to subdivision  fifteen  of  section  four  hundred
sixty-d of the social services law.
  S  18. Section 75 of the correction law, as added by section 8 of part
OO of chapter 56 of the laws of 2010, is amended to read as follows:
  S 75. Notice of voting rights. Upon the discharge from a  correctional
facility  of  any  person  whose  maximum  sentence  of imprisonment has
expired OR UPON A PERSON'S DISCHARGE  FROM  COMMUNITY  SUPERVISION,  the
department  shall  notify  such  person  of his or her right to vote and
provide such person with a form of application  for  voter  registration
together  with written information distributed by the board of elections
on the importance and the mechanics of voting.
  S 19. 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 AND COMMUNITY SUPERVISION.  1. The  commissioner
of  [correction]  CORRECTIONS  AND  COMMUNITY SUPERVISION shall have the
superintendence, management and control of the  correctional  facilities
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 power and it shall be
his OR HER duty to inquire into all matters connected with said  correc-
tional  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 facili-
ties, 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.
  2.  THE  COMMISSIONER SHALL HAVE THE MANAGEMENT AND CONTROL OF INMATES
RELEASED ON COMMUNITY SUPERVISION AND OF ALL MATTERS  RELATING  TO  SUCH
PERSONS'  EFFECTIVE  REENTRY  INTO  THE  COMMUNITY AND THE REVOCATION OF
THEIR SUPERVISION STATUS, AS WELL AS ALL CONTRACTS AND  FISCAL  CONCERNS
THEREOF.  THE  COMMISSIONER  SHALL HAVE THE POWER AND IT SHALL BE HIS OR
HER DUTY TO INQUIRE INTO  ALL  MATTERS  CONNECTED  WITH  SAID  COMMUNITY
SUPERVISION. THE COMMISSIONER SHALL MAKE SUCH RULES AND REGULATIONS, NOT

S. 2812                            86                            A. 4012

IN  CONFLICT  WITH THE STATUTES OF THIS STATE, FOR THE GOVERNMENT OF THE
OFFICERS AND OTHER EMPLOYEES OF THE DEPARTMENT ASSIGNED TO SAID COMMUNI-
TY SUPERVISION, AND IN REGARD TO THE DUTIES TO BE PERFORMED BY THEM,  AS
HE  OR SHE DEEMS PROPER AND SHALL CAUSE SUCH RULES AND REGULATIONS TO BE
FURNISHED TO EACH EMPLOYEE ASSIGNED TO  PERFORM  COMMUNITY  SUPERVISION.
THE  COMMISSIONER  SHALL ALSO PRESCRIBE A SYSTEM OF ACCOUNTS AND RECORDS
TO BE KEPT, WHICH SHALL BE UNIFORM. THE  COMMISSIONER  SHALL  ALSO  MAKE
RULES  AND  REGULATIONS  FOR  A RECORD OF PHOTOGRAPHS AND OTHER MEANS OF
IDENTIFYING EACH INMATE RELEASED TO COMMUNITY SUPERVISION.  THE  COMMIS-
SIONER  SHALL APPOINT OFFICERS AND OTHER EMPLOYEES OF THE DEPARTMENT WHO
ARE ASSIGNED TO PERFORM COMMUNITY SUPERVISION.
  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 OR  TO  PERFORM  COMMUNITY  SUPER-
VISION  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 OR IN THE COURSE OF HIS OR HER PERFORMANCE OF COMMUNITY  SUPER-
VISION, 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 20. Section 113 of the correction law, as amended by chapter 145  of
the laws of 1979, is amended to read as follows:
  S 113. Absence of inmate for funeral and deathbed visits [or to report
at  an  induction  center for preinduction examination] authorized.  The
commissioner [of correctional services] may permit any  inmate  confined
by  the  department  except one awaiting the sentence of death to attend
the funeral of his or her father, mother, guardian or  former  guardian,
child,  brother,  sister, husband, wife, grandparent, grandchild, ances-
tral uncle or ancestral aunt within the state, or to visit such individ-
ual during his or her illness if death be imminent [or to report  to  an
induction  center  for  the  purpose  of  being  examined  for  possible
induction into the armed forces of the United States]; but the  exercise
of  such  power  shall  be  subject to such rules and regulations as the
commissioner [of correctional services] shall prescribe, respecting  the
granting  of  such permission, duration of absence from the institution,
custody, transportation and care of the  inmate,  and  guarding  against
escape.  Any expense incurred under the provisions of this section, with
respect to any inmate permitted to attend a funeral or visit a  relative
during  last  illness,  shall be deemed an expense of maintenance of the
institution and be paid from moneys available therefor; but  the  super-
intendent,  if the rules and regulations of the commissioner [of correc-
tional services] shall so provide, may allow the inmate or anyone in his
behalf to reimburse the state for such expense. [Any expense  of  custo-
dial  officers  incurred in delivering and returning inmates to and from
an induction center shall be deemed an expense of the institution and be
paid from moneys available therefor but expenses of such  inmates  shall
not be defrayed by the institution or department or the state.]
  S  21.  Subdivision 2 of section 125 of the correction law, as amended
by chapter 55 of the laws of 1992, is amended to read as follows:

S. 2812                            87                            A. 4012

  2. The superintendent of each of said facilities shall furnish to each
inmate who shall be discharged or released from said facility by pardon,
parole, conditional release or otherwise, except  such  inmates  as  are
released for return for resentence or new trial or upon a certificate of
reasonable  doubt,  and  except such inmates who are released to partic-
ipate in a program outside the facility who are required  to  return  to
the facility, suitable clothing adapted to the season in which he OR SHE
is  discharged not to exceed sixty-five dollars in value and transporta-
tion to the county of his OR HER conviction or to such  other  place  as
the  commissioner [of correctional services] may designate. In addition,
the commissioner shall take such steps as are necessary to  ensure  that
inmates have at least forty dollars available upon release.
  S  22. Subdivision 6 of section 138 of the correction law, as added by
chapter 231 of the laws of 1975, is amended to read as follows:
  6. All rules and regulations pertaining to inmates established by  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and all rules and regulations pertaining to  inmates  established
by  any  institutional staff at any state correctional facility shall be
reviewed annually by the commissioner of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 23. Subdivision 1 of section 170 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1.  The  commissioner  [of correctional services] shall not, nor shall
any other authority whatsoever, make any contract by which the labor  or
time  of  any inmate in any state or local correctional facility in this
state, or the product or profit of his work, shall be  contracted,  let,
farmed  out,  given  or  sold to any person, firm, association or corpo-
ration; except that the inmates in said  correctional  institutions  may
work  for,  and  the  products of their labor may be disposed of to, the
state or any political subdivision thereof, any public institution owned
or managed and controlled by the state,  or  any  political  subdivision
thereof.
  S  24.  Subdivision 1 of section 171 of the correction law, as amended
by chapter 364 of the laws of 1983, is amended to read as follows:
  1. The commissioner [of correctional services] and the superintendents
and officials of all penitentiaries in the state may  cause  inmates  in
the  state correctional facilities and such penitentiaries who are phys-
ically capable thereof to be employed for not to exceed eight  hours  of
each  day  other  than  Sundays and public holidays. Notwithstanding any
other provision of this section, however, the  commissioner  and  super-
intendents  of  state  correctional  facilities  may employ inmates on a
volunteer basis on Sundays and public holidays in specialized  areas  of
the facility, including kitchen areas, vehicular garages, rubbish pickup
and  grounds  maintenance,  providing, however, that inmates so employed
shall be allowed an alternative free day within the normal work week.
  S 25. Subdivision 3 of section 177 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  3.  However, for the purpose of distributing, marketing or sale of the
whole or any part of the product of any  correctional  facility  in  the
state, other than by said state correctional facilities, to the state or
to  any  political  subdivisions  thereof  or to any public institutions
owned or managed and controlled by the state, or by any political subdi-
visions thereof, or to any public corporation, authority,  or  eleemosy-
nary  association  funded  in  whole or in part by any federal, state or
local funds, the sheriff of any such local correctional facility and the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-

S. 2812                            88                            A. 4012

VISION may enter into a contract or contracts which  may  determine  the
kinds  and  qualities of articles to be produced by such institution and
the method of distribution and  sale  thereof  by  the  commissioner  of
[correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION or under
his OR HER direction, either in separate lots or in combination with the
products of other such institutions and with the  products  produced  by
inmates  in  state  correctional  facilities. Such contracts may fix and
determine any and all terms and conditions for the disposition  of  such
products and the disposition of proceeds of sale thereof and any and all
other  terms and conditions as may be agreed upon, not inconsistent with
the constitution. However, no such contract shall be  for  a  period  of
more  than  one  year and any prices fixed by such contract shall be the
prices established pursuant to section one hundred  eighty-six  of  this
article  for  like  articles  or  shall be approved by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  and  the
director  of  the  budget  on  presentation  to  them  of a copy of such
contract or proposed contract, and provided further  that  any  distrib-
ution  or  diversification  of  industries provided for by such contract
shall be in accordance with the rules and regulations established by the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or shall be approved by such department on presentation to it of
a copy of such contract or proposed contract.
  S 26. Subdivision 1 of section 183 of the correction law,  as  amended
by chapter 464 of the laws of 1981, is amended to read as follows:
  1. It shall be the duty of the commissioner [of correctional services]
to  distribute,  among the correctional institutions under his jurisdic-
tion, the labor and industries assigned to said institutions, due regard
being had to the location and convenience of the  prisons,  and  of  the
other  institutions  to  be  supplied, the machinery now therein and the
number of prisoners, in order to secure the best  service  and  distrib-
ution  of the labor, and to employ the prisoners, so far as practicable,
in occupations in which they will be most likely  to  obtain  employment
after  their  discharge  from imprisonment. The commissioner [of correc-
tional services] shall change or  dispose  of  the  present  plants  and
machinery  in  said  institutions  now used in industries which shall be
discontinued, and which can not be used in the industries  hereafter  to
be  carried  on in said prisons, due effort to be made by full notice to
probable purchasers, in case of sales of  industries  or  machinery,  to
obtain  the  best price possible for the property sold, and good will of
the business to be discontinued.
  S 27. Subdivision 2 of section 184 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2. All such articles manufactured or prepared in the state correction-
al facilities, or by inmates, and not required for use therein, shall be
of  the  styles, patterns, designs and qualities fixed by the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, except
where the same have been or may  be  fixed  by  the  office  of  general
services  in the executive department. Such articles may be furnished to
the state, or to any political subdivision thereof, or  for  or  to  any
public  institution owned or managed and controlled by the state, or any
political subdivision thereof, government of the United States or to any
state of the United States or  subdivision  thereof  or  to  any  public
corporation,  authority,  or eleemosynary association funded in whole or
in part by any federal, state or local funds, at and for such prices  as
shall  be  fixed and determined as hereinafter provided, upon the requi-
sitions of the proper officials thereof. No article so  manufactured  or

S. 2812                            89                            A. 4012

prepared  shall  be  purchased  from  any other source, for the state or
public institutions of the state, or the political subdivisions thereof,
or public benefit corporations, authorities or commissions,  unless  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION shall certify that the same can not be furnished upon such requi-
sition,  and  no  claim  therefor  shall be audited or paid without such
certificate.
  S 28. Section 185 of the correction law, as amended by chapter 166  of
the laws of 1991, is amended to read as follows:
  S  185.  Estimates  of articles required to be furnished. On or before
July first in each year, the proper officials  of  the  state,  and  the
political subdivisions thereof, and of the institutions of the state, or
political  subdivisions  thereof,  shall  report  to  the  department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION  estimates
for  the  ensuing  year  of  the  amount  of supplies of different kinds
required to be purchased by them that can be furnished  by  the  correc-
tional  facilities  in  the  state.  The  commissioner  of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION is  authorized  to  make
regulations  for said reports, to provide for the manner in which requi-
sitions shall be made for supplies, and to provide for the proper diver-
sification of the industries in the correctional facilities.
  S 29. Subdivision 2 of section 186 of the correction law,  as  amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  2.  The  prices  established  by  the commissioner shall be based upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable fair market price determined at or within ninety days  before
the  time  of  sale. Fair market price as used herein means the price at
which a vendor of the same or similar product or service who is regular-
ly engaged in the business of selling such product or service offers  to
sell  such  a product or service under similar terms in the same market.
However, the price established by the commissioner  for  license  plates
sold  to  the  New  York  state department of motor vehicles shall in no
event exceed an amount approved by the director of the budget.
  First instance  appropriations  to  the  department  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION for correctional indus-
tries shall be reimbursed pursuant to an agreement with the director  of
the  budget.  In  the  absence  of a first instance appropriation, costs
shall be determined in accordance with an agreement between the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
and the director of the budget. Any such agreement shall include,  among
other  provisions  deemed  necessary  by  the  budget  director  for the
purposes of enabling programmatic overview and fiscal controls,  one  or
more  methodologies  for  the  determination  of  costs  attributable to
correctional industries or to any product  manufactured  in  the  insti-
tutions  of  the  department  or  distributed,  marketed  or sold by the
commissioner pursuant to this section, section one hundred seventy-seven
of this article or section one hundred seventy-five of the state finance
law.
  S 30.  Section 187 of the correction law, as amended by chapter 166 of
the laws of 1991, is amended to read as follows:
  S 187. Earnings of inmates.  1.  Every  inmate  confined  in  a  state
correctional  facility,  subject  to  the  rules  and regulations of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  and  every inmate confined in a local correctional facility, in
the discretion of the sheriff thereof, may receive compensation for work
performed during his or her imprisonment.  Such  compensation  shall  be

S. 2812                            90                            A. 4012

graded  by  the  department  of  [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION with regard to inmates employed in  prison  indus-
tries,  based  upon  the  work performed by such prisoners for prisoners
confined  in  state  correctional facilities, and by the sheriffs in all
local correctional facilities for inmates confined therein.
  2. The department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall adopt rules, subject to the approval of  the  director
of the budget, for establishing in all of the state correctional facili-
ties  a  system  of  compensation for the inmates confined therein. Such
rules shall provide for the payment of compensation to each inmate,  who
shall  meet  the  requirements established by the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION, based  upon  the
work performed by such inmates.
  3.  The  department  shall  prepare graded wage schedules for inmates,
which [schedule] SCHEDULES shall be based upon classifications according
to the value of work performed by  each.  Such  schedules  need  not  be
uniform  in  all  institutions.   The rules of the department shall also
provide for the establishment of a credit system for each inmate and the
manner in which such earnings shall be paid to the inmate or his OR  HER
dependents or held in trust for him OR HER until his OR HER release.
  4.  Any  compensation  paid  to  an inmate under this article shall be
based on the work performed by such inmate.  Compensation  may  be  paid
from  moneys  appropriated to the department and available to facilities
for nonpersonal service.
  S 31. Section 198 of the correction law, as added by  chapter  240  of
the laws of 1974, is amended to read as follows:
  S  198.  Inmate  occupational  therapy  fund.  1.  The commissioner of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION   may
authorize the superintendent or director of any correctional institution
to  establish  an  inmate  occupational  therapy fund for the receipt of
proceeds from a product sold, as authorized by section one hundred nine-
ty-seven OF THIS ARTICLE, by one or  more  inmates  as  incident  to  an
avocational  or vocational project approved by the commissioner, includ-
ing but not limited to, art, music, drama, handicraft, or sports.
  2. Pursuant to rules, regulations or directions of  the  commissioner,
moneys  of  the fund may: (a) be made available to the superintendent or
director to be used for the  general  benefit  of  the  inmates  of  the
correctional institution wherein the product was produced, including but
not  limited  to,  furnishing  materials  and  supplies  to an inmate or
inmates for an avocational or vocational project and the transporting of
a product thereof for sale, display or otherwise  and  for  recreational
activities;  or  (b) be disbursed as follows: (i) an amount equal to the
proceeds from the sale of a product produced by one inmate may be depos-
ited to the account of such  inmate  pursuant  to  section  one  hundred
sixteen of [the correction law] THIS CHAPTER; or (ii) an amount equal to
the  proceeds from the sale of a product produced by two or more inmates
may be divided equally among such inmates and deposited to their respec-
tive accounts pursuant to section one hundred sixteen of [the correction
law] THIS CHAPTER.
  3. In determining the amount of the proceeds from a sale of a  product
that  may be deposited to the account of an inmate, the commissioner [of
correctional services] may provide for the deduction from the sum of the
proceeds the reasonable expenses  of  the  department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION incident to the sale,
including but not limited to, the value of materials  and  supplies  for
the  production  of the product supplied without financial charge to the

S. 2812                            91                            A. 4012

inmate and the expenses of transporting the product for sale or  display
or otherwise.
  S  32. The correction law is amended by adding a new article 8 to read
as follows:
                                ARTICLE 8
                          COMMUNITY SUPERVISION
SECTION 201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION.
        202. CONDITIONS OF RELEASE; GENERALLY.
        203. ADDITIONAL CONDITIONS OF RELEASE FOR SEX OFFENDERS.
        204. MANDATORY CONDITIONS OF RELEASE.
        205. PROCEDURES FOR REVOCATION.
        206. APPEALS.
        207. MERIT TERMINATION OF SENTENCE AND DISCHARGE  FROM  PRESUMP-
               TIVE  RELEASE, PAROLE, CONDITIONAL RELEASE AND RELEASE TO
               POST-RELEASE SUPERVISION.
        208. APPLICATIONS  FOR  PRESUMPTIVE   RELEASE   OR   CONDITIONAL
               RELEASE.
        209. COOPERATION.
        210. COMPACTS  WITH OTHER STATES FOR OUT-OF-STATE PAROLEE SUPER-
               VISION.
        211. INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.
        212. INTERSTATE HEARING FOR PAROLE VIOLATION.
        213. DEPUTIZATION OF OUT-OF-STATE OFFICERS.
  S 201. AUTHORITY AND RESPONSIBILITY FOR COMMUNITY SUPERVISION. 1.  THE
DEPARTMENT  SHALL HAVE RESPONSIBILITY FOR THE PREPARATION OF REPORTS AND
OTHER DATA REQUIRED BY THE STATE BOARD OF PAROLE IN THE EXERCISE OF  ITS
INDEPENDENT DECISION MAKING FUNCTIONS.
  2.  IN  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE DEPARTMENT
SHALL SUPERVISE INMATES RELEASED TO COMMUNITY SUPERVISION,  EXCEPT  THAT
THE  DEPARTMENT  MAY  CONSENT TO THE SUPERVISION OF A RELEASED INMATE BY
THE UNITED STATES PAROLE COMMISSION PURSUANT TO THE WITNESS SECURITY ACT
OF NINETEEN HUNDRED EIGHTY-FOUR.
  3. TO FACILITATE THE SUPERVISION OF ALL INMATES RELEASED TO  COMMUNITY
SUPERVISION,  THE  COMMISSIONER  SHALL  CONSIDER THE IMPLEMENTATION OF A
PROGRAM OF GRADUATED SANCTIONS, INCLUDING BUT NOT LIMITED TO THE  UTILI-
ZATION  OF A RISK AND NEEDS ASSESSMENT INSTRUMENT THAT WOULD BE ADMINIS-
TERED TO ALL INMATES ELIGIBLE FOR COMMUNITY SUPERVISION. SUCH A  PROGRAM
WOULD  INCLUDE  VARIOUS COMPONENTS INCLUDING APPROACHES THAT CONCENTRATE
SUPERVISION ON NEW RELEASES, ALTERNATIVES TO INCARCERATION FOR TECHNICAL
PAROLE VIOLATORS AND THE USE OF ENHANCED TECHNOLOGIES.
  4. THE DEPARTMENT SHALL CONDUCT SUCH INVESTIGATIONS AS MAY  BE  NECES-
SARY IN CONNECTION WITH ALLEGED VIOLATIONS OF COMMUNITY SUPERVISION.
  5.  THE  DEPARTMENT SHALL ASSIST INMATES ELIGIBLE FOR COMMUNITY SUPER-
VISION AND INMATES WHO ARE ON COMMUNITY SUPERVISION  TO  SECURE  EMPLOY-
MENT, EDUCATIONAL OR VOCATIONAL TRAINING, AND HOUSING.
  6.  THE  DEPARTMENT  SHALL  HAVE THE DUTY TO PROVIDE WRITTEN NOTICE TO
INMATES PRIOR TO RELEASE TO COMMUNITY SUPERVISION OR PURSUANT TO  SUBDI-
VISION  SIX  OF  SECTION  410.91  OF  THE  CRIMINAL PROCEDURE LAW OF ANY
REQUIREMENT TO REPORT TO THE OFFICE OF VICTIM SERVICES ANY  FUNDS  OF  A
CONVICTED  PERSON  AS DEFINED IN SECTION SIX HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, THE PROCEDURE FOR SUCH REPORTING AND ANY POTENTIAL PENAL-
TY FOR A FAILURE TO COMPLY.
  7. THE DEPARTMENT SHALL  ENCOURAGE  APPRENTICESHIP  TRAINING  OF  SUCH
PERSONS THROUGH THE ASSISTANCE AND COOPERATION OF INDUSTRIAL, COMMERCIAL
AND LABOR ORGANIZATIONS.

S. 2812                            92                            A. 4012

  8.  THE  DEPARTMENT  MAY  ESTABLISH A COMMUNITY SUPERVISION TRANSITION
PROGRAM, WHICH IS HEREBY DEFINED AS COMMUNITY-BASED RESIDENTIAL  FACILI-
TIES  DESIGNED  TO  AID  COMMUNITY  SUPERVISION  VIOLATORS TO DEVELOP AN
INCREASED CAPACITY  FOR  ADJUSTMENT  TO  COMMUNITY  LIVING.  PRESUMPTIVE
RELEASEES,  PAROLEES, CONDITIONAL RELEASEES AND THOSE UNDER POST-RELEASE
SUPERVISION WHO HAVE EITHER (A)  BEEN  FOUND  PURSUANT  TO  SECTION  TWO
HUNDRED  FIVE OF THIS ARTICLE TO HAVE VIOLATED ONE OR MORE CONDITIONS OF
RELEASE IN AN IMPORTANT RESPECT, OR (B) ALLEGEDLY VIOLATED ONE  OR  MORE
OF  SUCH  CONDITIONS  UPON  A FINDING OF PROBABLE CAUSE AT A PRELIMINARY
HEARING OR UPON THE WAIVER THEREOF MAY BE PLACED IN A  COMMUNITY  SUPER-
VISION  TRANSITION FACILITY. PLACEMENT IN SUCH A FACILITY UPON A FINDING
OF PROBABLE CAUSE OR THE WAIVER THEREOF SHALL NOT PRECLUDE  THE  CONDUCT
OF  A  REVOCATION  HEARING,  NOR,  ABSENT  A WAIVER, OPERATE TO DENY THE
RELEASEE'S RIGHT TO SUCH REVOCATION HEARING.
  9. (A) THE DEPARTMENT SHALL COLLECT A FEE OF THIRTY DOLLARS PER MONTH,
FROM ALL PERSONS OVER THE AGE OF EIGHTEEN WHO AFTER THE  EFFECTIVE  DATE
OF  THIS  SUBDIVISION  ARE  SUPERVISED  ON  PRESUMPTIVE RELEASE, PAROLE,
CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION.  THE  DEPARTMENT  SHALL
WAIVE  ALL  OR  PART  OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE
OFFENDER, THE PAYMENT OF SAID FEE WOULD WORK AN UNREASONABLE HARDSHIP ON
THE PERSON CONVICTED, HIS OR HER IMMEDIATE FAMILY, OR ANY  OTHER  PERSON
WHO IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT.
  (B)  THE  SUPERVISION  FEE  AUTHORIZED  BY  THIS SUBDIVISION SHALL NOT
CONSTITUTE NOR BE IMPOSED AS A CONDITION OF COMMUNITY SUPERVISION.
  (C) IN THE EVENT OF NON-PAYMENT OF ANY FEES THAT HAVE NOT BEEN WAIVED,
THE DEPARTMENT MAY SEEK TO ENFORCE PAYMENT IN ANY  MANNER  PERMITTED  BY
LAW FOR ENFORCEMENT OF A DEBT OWED TO THE STATE.
  (D)  NOTHING  CONTAINED  IN  THIS  SUBDIVISION  AFFECTS  OR LIMITS THE
PROVISIONS OF SECTION TWO HUNDRED TEN OF THIS ARTICLE, RELATING TO  OUT-
OF-STATE  PAROLE  SUPERVISION. PRIOR TO A TRANSFER OF PAROLE SUPERVISION
TO ANOTHER STATE, THE DEPARTMENT SHALL  ELIMINATE  ANY  SUPERVISION  FEE
IMPOSED  PURSUANT TO THIS SUBDIVISION. THE DEPARTMENT MAY COLLECT A FEE,
PURSUANT TO THIS SUBDIVISION  AND  REGULATIONS  PROMULGATED  THEREUNDER,
FROM  ANY  PERSON  WHOSE PAROLE SUPERVISION IS TRANSFERRED TO THIS STATE
FROM ANOTHER.
  10. THE DEPARTMENT SHALL HAVE THE POWER TO GRANT  AND  REVOKE  CERTIF-
ICATES  OF  RELIEF FROM DISABILITIES AND CERTIFICATES OF GOOD CONDUCT AS
PROVIDED FOR BY LAW.
  11. IN ANY CASE WHERE A PERSON IS ENTITLED TO JAIL TIME  CREDIT  UNDER
THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION 70.40 OF
THE  PENAL LAW, TO CERTIFY TO THE PERSON IN CHARGE OF THE INSTITUTION IN
WHICH SUCH PERSON'S SENTENCE IS BEING SERVED THE AMOUNT OF SUCH CREDIT.
  12. THE DEPARTMENT SHALL SUPERVISE ALL PERSONS WHO ARE  SUBJECT  TO  A
REGIMEN  OF  STRICT  AND INTENSIVE SUPERVISION AND TREATMENT PURSUANT TO
ARTICLE TEN OF THE MENTAL HYGIENE LAW. THE DEPARTMENT  SHALL  ISSUE  AND
PERIODICALLY  UPDATE RULES AND REGULATIONS CONCERNING THE SUPERVISION OF
SUCH PERSONS IN CONSULTATION WITH THE OFFICE OF SEX OFFENDER  MANAGEMENT
IN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  13. THE DEPARTMENT SHALL PERFORM SUCH OTHER FUNCTIONS AS ARE NECESSARY
AND  PROPER IN FURTHERANCE OF THE OBJECTIVE OF MAINTAINING AN EFFECTIVE,
EFFICIENT AND FAIR SYSTEM OF COMMUNITY SUPERVISION.
  S 202. CONDITIONS OF RELEASE; GENERALLY. THE DEPARTMENT SHALL HAVE THE
POWER AND DUTY OF DETERMINING THE CONDITIONS OF RELEASE  OF  THE  PERSON
WHO  MAY  BE RELEASED TO COMMUNITY SUPERVISION UNDER AN INDETERMINATE OR
DETERMINATE SENTENCE OF IMPRISONMENT.

S. 2812                            93                            A. 4012

  S 203. ADDITIONAL CONDITIONS OF RELEASE FOR SEX  OFFENDERS.    1.  THE
COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS THAT SHALL INCLUDE
GUIDELINES AND PROCEDURES ON THE PLACEMENT OF SEX  OFFENDERS  DESIGNATED
AS  LEVEL TWO OR LEVEL THREE OFFENDERS PURSUANT TO ARTICLE SIX-C OF THIS
CHAPTER.  SUCH  REGULATIONS SHALL PROVIDE INSTRUCTION ON CERTAIN FACTORS
TO BE CONSIDERED WHEN INVESTIGATING AND APPROVING THE RESIDENCE OF LEVEL
TWO OR LEVEL  THREE  SEX  OFFENDERS  RELEASED  ON  PRESUMPTIVE  RELEASE,
PAROLE,  CONDITIONAL  RELEASE  OR POST-RELEASE SUPERVISION. SUCH FACTORS
SHALL INCLUDE THE FOLLOWING:
  (A) THE LOCATION OF OTHER SEX OFFENDERS REQUIRED TO REGISTER UNDER THE
SEX OFFENDER REGISTRATION ACT, SPECIFICALLY WHETHER THERE IS  A  CONCEN-
TRATION  OF  REGISTERED  SEX  OFFENDERS IN A CERTAIN RESIDENTIAL AREA OR
MUNICIPALITY;
  (B) THE NUMBER OF REGISTERED SEX OFFENDERS RESIDING  AT  A  PARTICULAR
PROPERTY;
  (C) THE PROXIMITY OF ENTITIES WITH VULNERABLE POPULATIONS;
  (D)  ACCESSIBILITY  TO  FAMILY  MEMBERS,  FRIENDS  OR OTHER SUPPORTIVE
SERVICES, INCLUDING, BUT NOT LIMITED TO, LOCALLY AVAILABLE SEX  OFFENDER
TREATMENT  PROGRAMS  WITH  PREFERENCE  FOR PLACEMENT OF SUCH INDIVIDUALS
INTO PROGRAMS THAT  HAVE  DEMONSTRATED  EFFECTIVENESS  IN  REDUCING  SEX
OFFENDER RECIDIVISM AND INCREASING PUBLIC SAFETY; AND
  (E)  THE  AVAILABILITY OF PERMANENT, STABLE HOUSING IN ORDER TO REDUCE
THE LIKELIHOOD THAT SUCH OFFENDERS WILL BE TRANSIENT.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
PERSON SERVING A SENTENCE FOR AN OFFENSE DEFINED IN ARTICLE ONE  HUNDRED
THIRTY,  ONE  HUNDRED  THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OR SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW AND THE VICTIM OF SUCH OFFENSE
WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE OR SUCH PERSON
HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT TO ARTICLE SIX-C
OF THIS CHAPTER, IS  RELEASED  ON  COMMUNITY  SUPERVISION  IT  SHALL  BE
REQUIRED,  AS A MANDATORY CONDITION OF SUCH RELEASE, THAT SUCH SENTENCED
OFFENDER SHALL REFRAIN FROM KNOWINGLY ENTERING INTO OR UPON  ANY  SCHOOL
GROUNDS,  AS  THAT  TERM  IS  DEFINED IN SUBDIVISION FOURTEEN OF SECTION
220.00 OF THE PENAL LAW, OR ANY OTHER FACILITY OR INSTITUTION  PRIMARILY
USED  FOR  THE  CARE  OR  TREATMENT OF PERSONS UNDER THE AGE OF EIGHTEEN
WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF EIGHTEEN ARE PRESENT,
PROVIDED, HOWEVER, THAT WHEN SUCH SENTENCED  OFFENDER  IS  A  REGISTERED
STUDENT OR PARTICIPANT OR AN EMPLOYEE OF SUCH FACILITY OR INSTITUTION OR
ENTITY  CONTRACTING  THEREWITH  OR  HAS A FAMILY MEMBER ENROLLED IN SUCH
FACILITY OR INSTITUTION, SUCH SENTENCED OFFENDER MAY, WITH  THE  WRITTEN
AUTHORIZATION  OF  HIS  OR  HER PAROLE OFFICER AND THE SUPERINTENDENT OR
CHIEF ADMINISTRATOR OF SUCH FACILITY, INSTITUTION OR GROUNDS, ENTER SUCH
FACILITY, INSTITUTION OR UPON SUCH  GROUNDS  FOR  THE  LIMITED  PURPOSES
AUTHORIZED  BY  THE  PAROLE OFFICER AND SUPERINTENDENT OR CHIEF OFFICER.
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY LAWFUL
CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH SENTENCED OFFENDER.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
PERSON SERVING A SENTENCE FOR AN OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, AND THE VICTIM  OF  SUCH  OFFENSE
WAS  UNDER  THE  AGE  OF  EIGHTEEN  AT THE TIME OF SUCH OFFENSE, OR SUCH
PERSON HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT TO  ARTI-
CLE  SIX-C  OF  THIS CHAPTER, OR THE INTERNET WAS USED TO FACILITATE THE
COMMISSION OF THE CRIME, IS RELEASED ON COMMUNITY SUPERVISION, IT  SHALL
BE  REQUIRED,  AS  A  MANDATORY  CONDITION  OF  SUCH  RELEASE, THAT SUCH
SENTENCED OFFENDER SHALL BE PROHIBITED FROM USING THE INTERNET TO ACCESS

S. 2812                            94                            A. 4012

PORNOGRAPHIC MATERIAL, ACCESS A COMMERCIAL  SOCIAL  NETWORKING  WEBSITE,
COMMUNICATE  WITH OTHER INDIVIDUALS OR GROUPS FOR THE PURPOSE OF PROMOT-
ING SEXUAL RELATIONS WITH PERSONS UNDER THE AGE OF EIGHTEEN, AND  COMMU-
NICATE  WITH  A  PERSON  UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS
OVER THE AGE OF EIGHTEEN, PROVIDED, HOWEVER,  THAT  THE  DEPARTMENT  MAY
PERMIT  AN  OFFENDER  TO  USE  THE INTERNET TO COMMUNICATE WITH A PERSON
UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS THE PARENT  OF  A  MINOR
CHILD  AND  IS  NOT  OTHERWISE  PROHIBITED  FROM COMMUNICATING WITH SUCH
CHILD. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY
OTHER LAWFUL CONDITION OF  SUPERVISION  THAT  MAY  BE  IMPOSED  ON  SUCH
SENTENCED  OFFENDER.  AS  USED IN THIS SUBDIVISION, A "COMMERCIAL SOCIAL
NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS, ORGANIZATION OR OTHER ENTI-
TY OPERATING A WEBSITE THAT PERMITS PERSONS UNDER EIGHTEEN YEARS OF  AGE
TO  BE  REGISTERED  USERS  FOR  THE  PURPOSE  OF  ESTABLISHING  PERSONAL
RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS UNDER EIGHTEEN  YEARS
OF  AGE  MAY:  (I) CREATE WEB PAGES OR PROFILES THAT PROVIDE INFORMATION
ABOUT THEMSELVES WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE  TO  THE
PUBLIC  OR  TO  OTHER USERS; (II) ENGAGE IN DIRECT OR REAL TIME COMMUNI-
CATION WITH OTHER USERS, SUCH AS A CHAT ROOM OR INSTANT  MESSENGER;  AND
(III)  COMMUNICATE  WITH  PERSONS  OVER EIGHTEEN YEARS OF AGE; PROVIDED,
HOWEVER, THAT, FOR PURPOSES OF THIS  SUBDIVISION,  A  COMMERCIAL  SOCIAL
NETWORKING  WEBSITE  SHALL  NOT  INCLUDE A WEBSITE THAT PERMITS USERS TO
ENGAGE IN SUCH OTHER ACTIVITIES AS ARE NOT ENUMERATED IN THIS SECTION.
  4. THE DEPARTMENT SHALL HAVE THE DUTY, PRIOR TO THE RELEASE TO  COMMU-
NITY SUPERVISION OF AN INMATE DESIGNATED A LEVEL TWO OR THREE SEX OFFEN-
DER  PURSUANT TO THE SEX OFFENDER REGISTRATION ACT, TO PROVIDE NOTIFICA-
TION TO THE LOCAL SOCIAL SERVICES DISTRICT IN THE COUNTY  IN  WHICH  THE
INMATE  EXPECTS  TO  RESIDE,  WHEN  INFORMATION  AVAILABLE  OR ANY OTHER
PRE-RELEASE PROCEDURES INDICATES THAT SUCH INMATE IS LIKELY TO  SEEK  TO
ACCESS  LOCAL SOCIAL SERVICES FOR HOMELESS PERSONS. THE DEPARTMENT SHALL
PROVIDE SUCH NOTICE, WHEN PRACTICABLE, THIRTY DAYS OR MORE  BEFORE  SUCH
INMATE'S  RELEASE, BUT IN ANY EVENT, IN ADVANCE OF SUCH INMATE'S ARRIVAL
IN THE JURISDICTION OF SUCH LOCAL SOCIAL SERVICES DISTRICT.
  S 204. MANDATORY CONDITIONS OF RELEASE. 1. NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW, WHERE A PERSON IS SERVING A SENTENCE FOR A VIOLATION
OF SECTION 120.03, 120.04, 120.04-A, 125.12, 125.13  OR  125.14  OF  THE
PENAL LAW, OR A FELONY AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION  ELEVEN  HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW, IF
SUCH PERSON IS RELEASED ON PAROLE OR CONDITIONAL RELEASE THE  DEPARTMENT
SHALL REQUIRE AS A MANDATORY CONDITION OF SUCH RELEASE, THAT SUCH PERSON
INSTALL AND MAINTAIN, IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEV-
EN  HUNDRED  NINETY-EIGHT  OF  THE  VEHICLE AND TRAFFIC LAW, AN IGNITION
INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY  SUCH  PERSON
DURING  THE  TERM  OF SUCH PAROLE OR CONDITIONAL RELEASE FOR SUCH CRIME.
PROVIDED FURTHER, HOWEVER, THE DEPARTMENT MAY  NOT  OTHERWISE  AUTHORIZE
THE  OPERATION  OF A MOTOR VEHICLE BY ANY PERSON WHOSE LICENSE OR PRIVI-
LEGE TO OPERATE A  MOTOR  VEHICLE  HAS  BEEN  REVOKED  PURSUANT  TO  THE
PROVISIONS OF THE VEHICLE AND TRAFFIC LAW.
  2.  WHERE  APPROPRIATE, THE DEPARTMENT SHALL REQUIRE AS A CONDITION OF
RELEASE  UNDER  SECTIONS  TWO  HUNDRED  FIFTY-NINE-E  AND  TWO   HUNDRED
FIFTY-NINE-F  OF  THE EXECUTIVE LAW THAT A MEDICAL PAROLEE BE SUPERVISED
ON AN INTENSIVE CASELOAD AT A REDUCED SUPERVISION RATIO.
  S 205. PROCEDURES FOR REVOCATION. 1. THE  DEPARTMENT  SHALL  HAVE  THE
POWER  TO  REVOKE THE COMMUNITY SUPERVISION STATUS OF ANY PERSON WHO HAS
VIOLATED THE CONDITIONS OF HIS OR HER RELEASE AND TO AUTHORIZE THE ISSU-
ANCE OF A WARRANT FOR THE RE-TAKING OF SUCH  PERSONS.  FOR  PURPOSES  OF

S. 2812                            95                            A. 4012

THIS  SECTION  THE TERM COMMUNITY SUPERVISION SHALL NOT INCLUDE A PERSON
RELEASED ON TEMPORARY RELEASE.
  2.  IF THE PAROLE OFFICER HAVING CHARGE OF A PERSON RELEASED TO COMMU-
NITY SUPERVISION OR A PERSON RECEIVED UNDER THE UNIFORM ACT FOR  OUT-OF-
STATE  PAROLEE  SUPERVISION  SHALL HAVE REASONABLE CAUSE TO BELIEVE THAT
SUCH PERSON HAS LAPSED INTO CRIMINAL WAYS OR COMPANY,  OR  HAS  VIOLATED
ONE  OR MORE CONDITIONS OF HIS OR HER COMMUNITY SUPERVISION, SUCH PAROLE
OFFICER SHALL REPORT SUCH FACT TO HIS OR HER IMMEDIATE SUPERVISOR, OR TO
ANY OFFICER OF THE DEPARTMENT DESIGNATED BY THE COMMISSIONER, AND THERE-
UPON A WARRANT MAY BE ISSUED FOR THE RETAKING OF SUCH PERSON AND FOR HIS
OR HER TEMPORARY DETENTION IN ACCORDANCE WITH THE RULES OF  THE  DEPART-
MENT.
  (A)  A WARRANT ISSUED PURSUANT TO THIS SECTION SHALL CONSTITUTE SUFFI-
CIENT AUTHORITY TO THE SUPERINTENDENT OR OTHER PERSON IN CHARGE  OF  ANY
JAIL,  PENITENTIARY,  LOCKUP OR DETENTION PEN TO WHOM IT IS DELIVERED TO
HOLD IN TEMPORARY DETENTION THE PERSON  NAMED  THEREIN;  EXCEPT  THAT  A
WARRANT ISSUED WITH RESPECT TO A PERSON WHO HAS BEEN RELEASED ON MEDICAL
PAROLE  PURSUANT  TO  SECTION  TWO  HUNDRED  FIFTY-NINE-E OR TWO HUNDRED
FIFTY-NINE-F OF THE EXECUTIVE LAW AND  WHOSE  PAROLE  IS  BEING  REVOKED
PURSUANT  TO THIS SUBDIVISION SHALL CONSTITUTE AUTHORITY FOR THE IMMEDI-
ATE PLACEMENT OF THE PAROLEE ONLY INTO THE CUSTODY OF THE DEPARTMENT  OF
CORRECTIONS  AND COMMUNITY SUPERVISION TO HOLD IN TEMPORARY DETENTION. A
WARRANT ISSUED PURSUANT TO THIS SECTION SHALL ALSO CONSTITUTE SUFFICIENT
AUTHORITY TO THE PERSON IN CHARGE OF A DRUG TREATMENT CAMPUS, AS DEFINED
IN SUBDIVISION TWENTY OF SECTION TWO OF THIS CHAPTER, TO HOLD THE PERSON
NAMED THEREIN, IN ACCORDANCE WITH THE PROCEDURAL  REQUIREMENTS  OF  THIS
SECTION,  FOR  A PERIOD OF AT LEAST NINETY DAYS TO COMPLETE AN INTENSIVE
DRUG TREATMENT PROGRAM AS AN ALTERNATIVE TO COMMUNITY  SUPERVISION,  AND
SHALL  ALSO  CONSTITUTE  SUFFICIENT  AUTHORITY  FOR RETURN OF THE PERSON
NAMED THEREIN TO LOCAL  CUSTODY  TO  HOLD  IN  TEMPORARY  DETENTION  FOR
FURTHER  REVOCATION  PROCEEDINGS  IN  THE  EVENT  SAID  PERSON  DOES NOT
SUCCESSFULLY COMPLETE THE INTENSIVE DRUG TREATMENT PROGRAM. THE  DEPART-
MENT'S  RULES SHALL PROVIDE FOR CANCELLATION OF DELINQUENCY AND RESTORA-
TION TO COMMUNITY SUPERVISION UPON  THE  SUCCESSFUL  COMPLETION  OF  THE
PROGRAM.
  (B)  A  WARRANT  ISSUED  FOR  A  COMMUNITY SUPERVISION VIOLATOR MAY BE
EXECUTED BY ANY PAROLE OFFICER OR ANY OFFICER AUTHORIZED TO SERVE CRIMI-
NAL PROCESS OR ANY PEACE OFFICER, WHO IS ACTING PURSUANT TO HIS  OR  HER
SPECIAL DUTIES, OR POLICE OFFICER. ANY SUCH OFFICER TO WHOM SUCH WARRANT
SHALL BE DELIVERED IS AUTHORIZED AND REQUIRED TO EXECUTE SUCH WARRANT BY
TAKING  SUCH  PERSON  AND HAVING HIM OR HER DETAINED AS PROVIDED IN THIS
SUBDIVISION.
  (C) WHERE THE ALLEGED VIOLATOR IS DETAINED IN ANOTHER  STATE  PURSUANT
TO  SUCH  WARRANT  AND  IS  NOT UNDER PAROLE SUPERVISION PURSUANT TO THE
UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION  OR  WHERE  AN  ALLEGED
VIOLATOR  UNDER  PAROLE  SUPERVISION  PURSUANT  TO  THE  UNIFORM ACT FOR
OUT-OF-STATE PAROLEE SUPERVISION IS DETAINED IN A STATE OTHER  THAN  THE
RECEIVING STATE, THE WARRANT WILL NOT BE DEEMED TO BE EXECUTED UNTIL THE
ALLEGED  VIOLATOR  IS  DETAINED EXCLUSIVELY ON THE BASIS OF SUCH WARRANT
AND THE DEPARTMENT HAS RECEIVED NOTIFICATION THAT THE  ALLEGED  VIOLATOR
(I)  HAS  FORMALLY  WAIVED  EXTRADITION  TO  THIS STATE OR (II) HAS BEEN
ORDERED EXTRADITED TO THIS STATE PURSUANT TO A  JUDICIAL  DETERMINATION.
THE ALLEGED VIOLATOR WILL NOT BE CONSIDERED TO BE WITHIN THE CONVENIENCE
AND  PRACTICAL  CONTROL OF THE DEPARTMENT UNTIL THE WARRANT IS DEEMED TO
BE EXECUTED.

S. 2812                            96                            A. 4012

  (D) A PERSON WHO SHALL HAVE BEEN TAKEN INTO CUSTODY PURSUANT  TO  THIS
SUBDIVISION  FOR VIOLATION OF ONE OR MORE CONDITIONS OF COMMUNITY SUPER-
VISION SHALL, INSOFAR AS PRACTICABLE, BE INCARCERATED IN THE  COUNTY  OR
CITY IN WHICH THE ARREST OCCURRED.
  3.  PRELIMINARY HEARING. (A) WITHIN FIFTEEN DAYS AFTER THE WARRANT FOR
RETAKING AND TEMPORARY DETENTION HAS BEEN EXECUTED, UNLESS THE  RELEASEE
HAS BEEN CONVICTED OF A NEW CRIME COMMITTED WHILE UNDER COMMUNITY SUPER-
VISION,  THE  DEPARTMENT  SHALL AFFORD THE ALLEGED COMMUNITY SUPERVISION
VIOLATOR A PRELIMINARY REVOCATION HEARING BEFORE A  HEARING  OFFICER  OR
OTHER APPROPRIATE OFFICIAL DESIGNATED BY THE COMMISSIONER.  SUCH HEARING
OFFICER OR DESIGNEE SHALL NOT HAVE HAD ANY PRIOR SUPERVISORY INVOLVEMENT
OVER THE ALLEGED VIOLATOR.
  (B)  THE PRELIMINARY COMMUNITY SUPERVISION REVOCATION HEARING SHALL BE
CONDUCTED AT AN APPROPRIATE CORRECTIONAL FACILITY OR  SUCH  OTHER  PLACE
REASONABLY CLOSE TO THE AREA IN WHICH THE ALLEGED VIOLATION OCCURRED.
  (C)  THE ALLEGED VIOLATOR SHALL, WITHIN THREE DAYS OF THE EXECUTION OF
THE WARRANT, BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE AND  PURPOSE  OF
THE  HEARING, UNLESS HE OR SHE IS DETAINED PURSUANT TO THE PROVISIONS OF
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.  IN  THOSE  INSTANCES,
THE  ALLEGED  VIOLATOR  SHALL BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE
AND PURPOSE OF THE HEARING WITHIN FIVE DAYS  OF  THE  EXECUTION  OF  THE
WARRANT.  THE NOTICE SHALL STATE:
  (I)  WHAT CONDITIONS OF COMMUNITY SUPERVISION ARE ALLEGED TO HAVE BEEN
VIOLATED, AND IN WHAT MANNER;
  (II) THAT SUCH PERSON SHALL HAVE THE RIGHT TO APPEAR AND SPEAK ON  HIS
OR HER OWN BEHALF;
  (III)  THAT  HE  OR  SHE SHALL HAVE THE RIGHT TO INTRODUCE LETTERS AND
DOCUMENTS;
  (IV) THAT HE OR SHE MAY PRESENT WITNESSES WHO CAN GIVE RELEVANT INFOR-
MATION TO THE HEARING OFFICER OR DESIGNEE; AND
  (V) THAT HE OR SHE HAS THE RIGHT TO CONFRONT THE WITNESSES AGAINST HIM
OR HER. ADVERSE WITNESSES MAY BE COMPELLED  TO  ATTEND  THE  PRELIMINARY
HEARING,  UNLESS  THE ALLEGED VIOLATOR HAS BEEN CONVICTED OF A NEW CRIME
WHILE ON SUPERVISION OR UNLESS THE HEARING  OFFICER  OR  DESIGNEE  FINDS
GOOD  CAUSE FOR THEIR NON-ATTENDANCE. AS FAR AS PRACTICABLE OR FEASIBLE,
ANY ADDITIONAL DOCUMENTS HAVING BEEN COLLECTED OR PREPARED THAT  SUPPORT
THE CHARGE SHALL BE DELIVERED TO THE ALLEGED VIOLATOR.
  (D)  THE PRELIMINARY HEARING SHALL BE SCHEDULED TO TAKE PLACE NO LATER
THAN FIFTEEN DAYS FROM THE DATE OF EXECUTION OF THE WARRANT. THE  STAND-
ARD  OF  PROOF  AT  THE  PRELIMINARY  HEARING SHALL BE PROBABLE CAUSE TO
BELIEVE THAT THE PERSON ON COMMUNITY SUPERVISION  HAS  VIOLATED  ONE  OR
MORE  CONDITIONS  OF  HIS  OR  HER COMMUNITY SUPERVISION IN AN IMPORTANT
RESPECT. PROOF OF CONVICTION OF A CRIME COMMITTED WHILE UNDER  COMMUNITY
SUPERVISION  SHALL  CONSTITUTE  PROBABLE  CAUSE FOR THE PURPOSES OF THIS
SECTION.
  (E) AT THE PRELIMINARY HEARING, THE HEARING OFFICER OR DESIGNEE  SHALL
REVIEW THE VIOLATION CHARGES WITH THE ALLEGED VIOLATOR, DIRECT THE PRES-
ENTATION  OF  EVIDENCE  CONCERNING  THE  ALLEGED  VIOLATION, RECEIVE THE
STATEMENTS OF WITNESSES  AND  DOCUMENTARY  EVIDENCE  ON  BEHALF  OF  THE
ALLEGED  VIOLATOR,  AND  ALLOW  CROSS  EXAMINATION OF THOSE WITNESSES IN
ATTENDANCE.
  (F) AT THE CONCLUSION OF THE PRELIMINARY HEARING, THE HEARING  OFFICER
OR  DESIGNEE SHALL INFORM THE ALLEGED VIOLATOR OF HIS OR HER DECISION AS
TO WHETHER THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PERSON ON  COMMU-
NITY  SUPERVISION  HAS  VIOLATED  ONE  OR  MORE CONDITIONS OF HIS OR HER
COMMUNITY SUPERVISION IN AN  IMPORTANT  RESPECT.  BASED  SOLELY  ON  THE

S. 2812                            97                            A. 4012

EVIDENCE  ADDUCED  AT THE HEARING, THE HEARING OFFICER OR DESIGNEE SHALL
DETERMINE WHETHER THERE IS PROBABLE CAUSE TO BELIEVE  THAT  SUCH  PERSON
HAS  VIOLATED  HIS OR HER COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT.
THE  HEARING  OFFICER OR DESIGNEE SHALL STATE IN WRITING THE REASONS FOR
HIS OR HER DETERMINATION AND THE EVIDENCE RELIED ON. A COPY OF THE WRIT-
TEN FINDINGS SHALL BE SENT TO BOTH THE ALLEGED VIOLATOR AND HIS  OR  HER
COUNSEL.
  (G)  IF  THE HEARING OFFICER OR DESIGNEE IS SATISFIED THAT THERE IS NO
PROBABLE CAUSE TO BELIEVE THAT SUCH PERSON  HAS  VIOLATED  ONE  OR  MORE
CONDITIONS  OF  COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT, HE OR SHE
SHALL DISMISS THE NOTICE OF VIOLATION AND DIRECT SUCH PERSON BE RESTORED
TO COMMUNITY SUPERVISION.
  (H) IF THE HEARING OFFICER OR DESIGNEE  IS  SATISFIED  THAT  THERE  IS
PROBABLE  CAUSE  TO  BELIEVE  THAT  SUCH PERSON HAS VIOLATED ONE OR MORE
CONDITIONS OF COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT, HE  OR  SHE
SHALL SO FIND.
  4.  A PERSON ON COMMUNITY SUPERVISION WHO HAS EITHER (A) BEEN FOUND TO
HAVE VIOLATED ONE OR MORE CONDITIONS  OF  COMMUNITY  SUPERVISION  IN  AN
IMPORTANT  RESPECT, OR (B) ALLEGEDLY VIOLATED ONE OR MORE OF SUCH CONDI-
TIONS UPON A FINDING OF PROBABLE CAUSE AT A PRELIMINARY HEARING OR  UPON
THE  WAIVER  THEREOF MAY BE PLACED IN A COMMUNITY SUPERVISION TRANSITION
FACILITY. PLACEMENT IN SUCH A FACILITY UPON A FINDING OF PROBABLE  CAUSE
OR  THE  WAIVER  THEREOF  SHALL NOT PRECLUDE THE CONDUCT OF A REVOCATION
HEARING, NOR, ABSENT A WAIVER, OPERATE TO DENY THE RIGHT TO SUCH REVOCA-
TION HEARING.
  5. IF A FINDING OF PROBABLE CAUSE IS MADE PURSUANT TO THIS SUBDIVISION
EITHER BY A DETERMINATION AT A PRELIMINARY  HEARING  OR  BY  THE  WAIVER
THEREOF,  OR  IF  THE  RELEASEE  HAS BEEN CONVICTED OF A NEW CRIME WHILE
UNDER COMMUNITY SUPERVISION, THE DEPARTMENT'S RULES  SHALL  PROVIDE  FOR
(A)  DECLARING  SUCH  PERSON TO BE DELINQUENT AS SOON AS PRACTICABLE AND
SHALL REQUIRE REASONABLE AND APPROPRIATE ACTION TO MAKE A FINAL DETERMI-
NATION WITH RESPECT TO THE ALLEGED VIOLATION OR (B) ORDERING SUCH PERSON
TO BE RESTORED TO COMMUNITY SUPERVISION UNDER SUCH CIRCUMSTANCES  AS  IT
MAY  DEEM  APPROPRIATE OR (C) WHEN A PERSON ON COMMUNITY SUPERVISION HAS
BEEN CONVICTED OF A NEW FELONY  COMMITTED  WHILE  UNDER  SUCH  COMMUNITY
SUPERVISION  AND  A  NEW  INDETERMINATE OR DETERMINATE SENTENCE HAS BEEN
IMPOSED, THE RULES SHALL PROVIDE FOR A FINAL DECLARATION OF DELINQUENCY.
THE INMATE SHALL THEN BE NOTIFIED IN WRITING THAT HIS OR HER RELEASE HAS
BEEN REVOKED ON THE BASIS OF THE  NEW  CONVICTION  AND  A  COPY  OF  THE
COMMITMENT  SHALL ACCOMPANY SAID NOTIFICATION. THE INMATE'S NEXT APPEAR-
ANCE BEFORE THE STATE BOARD OF PAROLE SHALL BE  GOVERNED  BY  THE  LEGAL
REQUIREMENTS OF SAID NEW INDETERMINATE OR DETERMINATE SENTENCE, OR SHALL
OCCUR  AS  SOON AFTER A FINAL REVERSAL OF THE CONVICTION AS IS PRACTICA-
BLE.
  6. REVOCATION HEARING. (A) IF THE ALLEGED VIOLATOR  REQUESTS  A  LOCAL
REVOCATION  HEARING,  HE  OR  SHE  SHALL  BE  GIVEN A REVOCATION HEARING
REASONABLY NEAR THE PLACE OF THE ALLEGED VIOLATION OR ARREST  IF  HE  OR
SHE HAS NOT BEEN CONVICTED OF A CRIME COMMITTED WHILE UNDER SUPERVISION.
  (B)  IF  THERE  ARE TWO OR MORE ALLEGED VIOLATIONS, THE HEARING MAY BE
CONDUCTED NEAR THE PLACE OF THE VIOLATION CHIEFLY RELIED UPON AS A BASIS
FOR THE ISSUANCE OF THE WARRANT.
  (C) IF A LOCAL REVOCATION HEARING IS NOT ORDERED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION THE ALLEGED VIOLATOR SHALL BE GIVEN A REVOCATION
HEARING UPON HIS OR HER RETURN TO A STATE CORRECTIONAL FACILITY.
  (D) REVOCATION HEARINGS SHALL BE SCHEDULED TO BE  HELD  WITHIN  NINETY
DAYS  OF THE PROBABLE CAUSE DETERMINATION. HOWEVER, IF AN ALLEGED VIOLA-

S. 2812                            98                            A. 4012

TOR REQUESTS AND RECEIVES ANY POSTPONEMENT  OF  HIS  OR  HER  REVOCATION
HEARING,  OR  CONSENTS  TO  A  POSTPONED REVOCATION PROCEEDING, OR IF AN
ALLEGED VIOLATOR, BY HIS OR HER ACTIONS OTHERWISE PRECLUDES  THE  PROMPT
CONDUCT OF SUCH PROCEEDINGS, THE TIME LIMIT MAY BE EXTENDED.
  (E)  THE  REVOCATION  HEARING SHALL BE CONDUCTED BY A HEARING OFFICER,
WHOSE DECISION SHALL BE BASED SOLELY UPON  THE  EVIDENCE  INTRODUCED  AT
SUCH HEARING. THE DETERMINATION OF THE HEARING OFFICER SHALL BE DEEMED A
JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH
LAW.
  (F)  BOTH  THE ALLEGED VIOLATOR AND AN ATTORNEY WHO HAS FILED A NOTICE
OF APPEARANCE ON HIS OR HER BEHALF IN ACCORDANCE WITH THE RULES  OF  THE
DEPARTMENT  SHALL BE GIVEN WRITTEN NOTICE OF THE DATE, PLACE AND TIME OF
THE HEARING AS SOON AS POSSIBLE, BUT AT LEAST FOURTEEN DAYS PRIOR TO THE
SCHEDULED DATE.
  (G) THE ALLEGED VIOLATOR SHALL BE GIVEN WRITTEN NOTICE OF  THE  RIGHTS
ENUMERATED  IN  PARAGRAPH  (C)  OF SUBDIVISION THREE OF THIS SECTION, AS
WELL AS OF HIS OR HER RIGHT TO PRESENT MITIGATING EVIDENCE  RELEVANT  TO
RESTORATION TO COMMUNITY SUPERVISION AND HIS OR HER RIGHT TO COUNSEL.
  (H)  THE ALLEGED VIOLATOR SHALL BE PERMITTED REPRESENTATION BY COUNSEL
AT THE REVOCATION HEARING. IN ANY CASE WHERE SUCH PERSON IS  FINANCIALLY
UNABLE  TO  RETAIN  COUNSEL, THE CRIMINAL COURT OF THE CITY OF NEW YORK,
THE COUNTY COURT OR DISTRICT COURT IN THE COUNTY WHERE THE VIOLATION  IS
ALLEGED  TO  HAVE  OCCURRED  OR  WHERE THE HEARING IS HELD, SHALL ASSIGN
COUNSEL IN ACCORDANCE WITH THE COUNTY OR CITY  PLAN  FOR  REPRESENTATION
PLACED IN OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. HE
OR  SHE  SHALL  HAVE  THE  RIGHT  TO  CONFRONT AND CROSS-EXAMINE ADVERSE
WITNESSES, UNLESS THERE IS GOOD CAUSE FOR THEIR NON-ATTENDANCE AS DETER-
MINED BY THE HEARING OFFICER; PRESENT WITNESSES AND DOCUMENTARY EVIDENCE
IN DEFENSE  OF  THE  CHARGES;  AND  PRESENT  WITNESSES  AND  DOCUMENTARY
EVIDENCE RELEVANT TO THE QUESTION WHETHER REINCARCERATION OF THE ALLEGED
VIOLATOR IS APPROPRIATE.
  (I)  AT  THE  REVOCATION  HEARING,  THE  CHARGES SHALL BE READ AND THE
ALLEGED VIOLATOR SHALL BE PERMITTED TO PLEAD NOT GUILTY, GUILTY,  GUILTY
WITH  EXPLANATION OR TO STAND MUTE. AS TO EACH CHARGE, EVIDENCE SHALL BE
INTRODUCED THROUGH WITNESSES AND DOCUMENTS, IF ANY, IN SUPPORT  OF  THAT
CHARGE.  AT THE CONCLUSION OF EACH WITNESS'S DIRECT TESTIMONY, HE OR SHE
SHALL BE MADE AVAILABLE FOR CROSS-EXAMINATION. IF THE  ALLEGED  VIOLATOR
INTENDS  TO  PRESENT  A DEFENSE TO THE CHARGES OR TO PRESENT EVIDENCE OF
MITIGATING CIRCUMSTANCES, THE ALLEGED VIOLATOR SHALL DO SO AFTER PRESEN-
TATION OF ALL THE EVIDENCE IN SUPPORT OF A VIOLATION OF COMMUNITY SUPER-
VISION.
  (J) ALL PERSONS GIVING EVIDENCE AT THE  REVOCATION  HEARING  SHALL  BE
SWORN BEFORE GIVING ANY TESTIMONY AS PROVIDED BY LAW.
  (K)  AT  THE CONCLUSION OF THE HEARING THE HEARING OFFICER MAY SUSTAIN
ANY OR ALL OF THE VIOLATION CHARGES OR MAY DISMISS ANY  OR  ALL  OF  THE
VIOLATION  CHARGES. HE OR SHE MAY SUSTAIN A VIOLATION CHARGE ONLY IF THE
CHARGE IS SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE ADDUCED.
  (L) IF THE HEARING OFFICER IS NOT SATISFIED THAT THERE IS A PREPONDER-
ANCE OF EVIDENCE IN SUPPORT OF THE VIOLATION, HE OR  SHE  SHALL  DISMISS
THE VIOLATION, CANCEL THE DELINQUENCY AND RESTORE THE PERSON TO COMMUNI-
TY SUPERVISION.
  (M)  IF THE HEARING OFFICER IS SATISFIED THAT THERE IS A PREPONDERANCE
OF EVIDENCE THAT THE ALLEGED VIOLATOR VIOLATED ONE OR MORE CONDITIONS OF
COMMUNITY SUPERVISION IN AN IMPORTANT RESPECT, HE OR SHE SHALL SO  FIND.
FOR EACH VIOLATION SO FOUND, THE HEARING OFFICER MAY (I) DIRECT THAT THE
PERSON  BE  RESTORED TO COMMUNITY SUPERVISION; (II) AS AN ALTERNATIVE TO

S. 2812                            99                            A. 4012

REINCARCERATION, DIRECT THE PERSON BE PLACED IN A COMMUNITY  SUPERVISION
TRANSITION  FACILITY  FOR A PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY DAYS
AND SUBSEQUENT RESTORATION TO COMMUNITY SUPERVISION; (III) IN  THE  CASE
OF  A PERSON ON COMMUNITY SUPERVISION DIRECT THE VIOLATOR'S REINCARCERA-
TION AND FIX A DATE FOR RE-RELEASE TO COMMUNITY SUPERVISION PURSUANT  TO
THE PROVISIONS OF PARAGRAPH (O) OF THIS SUBDIVISION; OR (IV) IN THE CASE
OF  PERSONS RELEASED TO A PERIOD OF POST-RELEASE SUPERVISION, DIRECT THE
VIOLATOR'S REINCARCERATION UP TO BALANCE  OF  THE  REMAINING  PERIOD  OF
POST-RELEASE  SUPERVISION,  NOT TO EXCEED FIVE YEARS; PROVIDED, HOWEVER,
THAT A DEFENDANT SERVING  A  TERM  OF  POST-RELEASE  SUPERVISION  FOR  A
CONVICTION OF A FELONY SEX OFFENSE DEFINED IN SECTION 70.80 OF THE PENAL
LAW MAY BE SUBJECT TO A FURTHER PERIOD OF IMPRISONMENT UP TO THE BALANCE
OF  THE REMAINING PERIOD OF POST-RELEASE SUPERVISION. IF THE VIOLATOR IS
PLACED IN A COMMUNITY SUPERVISION TRANSITION  FACILITY  OR  RESTORED  TO
COMMUNITY  SUPERVISION, THE HEARING OFFICER MAY IMPOSE SUCH OTHER CONDI-
TIONS OF COMMUNITY SUPERVISION AS HE OR SHE  MAY  DEEM  APPROPRIATE,  AS
AUTHORIZED BY RULES OF THE DEPARTMENT.
  (N)  IF  THE  HEARING  OFFICER SUSTAINS ANY VIOLATIONS, HE OR SHE MUST
PREPARE A WRITTEN STATEMENT, TO BE MADE AVAILABLE TO THE ALLEGED  VIOLA-
TOR  AND HIS OR HER COUNSEL, INDICATING THE EVIDENCE RELIED UPON AND THE
REASONS FOR REVOKING COMMUNITY  SUPERVISION,  AND  FOR  THE  DISPOSITION
MADE.
  (O)  FOR  THE  VIOLATOR  SERVING  AN  INDETERMINATE SENTENCE WHO WHILE
RE-INCARCERATED HAS NOT BEEN FOUND TO HAVE COMMITTED A SERIOUS DISCIPLI-
NARY INFRACTION, SUCH VIOLATOR SHALL BE RE-RELEASED ON THE DATE FIXED AT
THE REVOCATION  HEARING.  FOR  THE  VIOLATOR  SERVING  AN  INDETERMINATE
SENTENCE  WHO  HAS  BEEN  FOUND TO HAVE COMMITTED A SERIOUS DISCIPLINARY
INFRACTION WHILE RE-INCARCERATED, THE DEPARTMENT SHALL REFER THE  VIOLA-
TOR  TO  THE  STATE  BOARD OF PAROLE FOR CONSIDERATION FOR RE-RELEASE TO
COMMUNITY SUPERVISION. UPON  SUCH  REFERRAL  THE  BOARD  MAY  WAIVE  THE
PERSONAL  INTERVIEW  BETWEEN  A  MEMBER  OR MEMBERS OF THE BOARD AND THE
VIOLATOR TO DETERMINE THE SUITABILITY FOR RE-RELEASE; PROVIDED, HOWEVER,
THAT THE BOARD SHALL RETAIN THE AUTHORITY TO SUSPEND THE DATE FIXED  FOR
RE-RELEASE  AND  TO REQUIRE A PERSONAL INTERVIEW BASED ON THE VIOLATOR'S
INSTITUTIONAL RECORD OR ON SUCH OTHER BASIS  AS  IS  AUTHORIZED  BY  THE
RULES  AND  REGULATIONS  OF  THE BOARD. IF AN INTERVIEW IS REQUIRED, THE
BOARD SHALL NOTIFY THE VIOLATOR OF THE TIME OF SUCH INTERVIEW IN ACCORD-
ANCE WITH THE RULES AND REGULATIONS OF THE BOARD.
  7. REVOCATION OF COMMUNITY SUPERVISION SHALL NOT PREVENT RE-PAROLE  OR
RE-RELEASE,  PROVIDED  SUCH  RE-PAROLE OR RE-RELEASE IS NOT INCONSISTENT
WITH ANY OTHER PROVISIONS OF LAW. WHEN THERE HAS BEEN  A  REVOCATION  OF
THE  PERIOD OF POST-RELEASE SUPERVISION IMPOSED ON A FELONY SEX OFFENDER
WHO OWES THREE YEARS OR MORE ON SUCH PERIOD IMPOSED PURSUANT TO SUBDIVI-
SION TWO-A OF SECTION 70.45 OF THE PENAL LAW, AND A TIME  ASSESSMENT  OF
THREE  YEARS OR MORE HAS BEEN IMPOSED, THE VIOLATOR SHALL BE REVIEWED BY
THE BOARD OF PAROLE AND MAY BE RESTORED TO POST-RELEASE SUPERVISION ONLY
AFTER SERVING THREE YEARS OF THE TIME ASSESSMENT, AND ONLY UPON A DETER-
MINATION BY THE BOARD OF PAROLE MADE IN ACCORDANCE WITH  THE  PROCEDURES
SET  FORTH  IN  SECTION  TWO HUNDRED FIFTY-NINE-B OF THE  EXECUTIVE LAW.
EVEN IF THE HEARING OFFICER HAS IMPOSED A TIME ASSESSMENT OF  A  CERTAIN
NUMBER  OF  YEARS  OF  THREE  YEARS  OR  MORE, THE VIOLATOR SHALL NOT BE
RELEASED AT OR BEFORE THE EXPIRATION OF THAT TIME ASSESSMENT, UNLESS THE
BOARD AUTHORIZES SUCH RELEASE, THE PERIOD  OF  POST-RELEASE  SUPERVISION
EXPIRES  OR RELEASE IS OTHERWISE AUTHORIZED BY LAW. IF A TIME ASSESSMENT
OF LESS THAN THREE YEARS WAS IMPOSED UPON SUCH A VIOLATOR, THE  VIOLATOR
SHALL BE RELEASED UPON THE EXPIRATION OF SUCH TIME ASSESSMENT, UNLESS HE

S. 2812                            100                           A. 4012

OR SHE IS SUBJECT TO FURTHER IMPRISONMENT OR CONFINEMENT UNDER ANY OTHER
LAW.
  8.  IF THE ALLEGED VIOLATION IS NOT SUSTAINED AND THE ALLEGED VIOLATOR
IS RESTORED TO COMMUNITY SUPERVISION,  THE  INTERRUPTIONS  SPECIFIED  IN
SUBDIVISION THREE OF SECTION 70.40 OF THE PENAL LAW SHALL NOT APPLY, BUT
THE TIME SPENT IN CUSTODY IN ANY STATE OR LOCAL CORRECTIONAL INSTITUTION
SHALL BE CREDITED AGAINST THE TERM OF THE SENTENCE.
  9.  WHERE  THERE  IS  REASONABLE  CAUSE TO BELIEVE THAT A PERSON UNDER
COMMUNITY SUPERVISION HAS  ABSCONDED  FROM  COMMUNITY  SUPERVISION,  THE
DEPARTMENT  MAY  DECLARE  SUCH PERSON TO BE DELINQUENT. THIS SUBDIVISION
SHALL NOT BE CONSTRUED TO DENY  SUCH  PERSON  A  PRELIMINARY  REVOCATION
HEARING  UPON  HIS OR HER RETAKING, NOR TO RELIEVE THE DEPARTMENT OF ANY
OBLIGATION IT MAY HAVE TO EXERCISE DUE DILIGENCE TO RETAKE  THE  ALLEGED
ABSCONDER,  NOR  TO RELIEVE THE PAROLEE OR RELEASEE OF ANY OBLIGATION HE
OR SHE MAY HAVE TO COMPLY WITH THE CONDITIONS OF HIS OR HER RELEASE.
  S 206. APPEALS. 1. DETERMINATIONS MADE PURSUANT TO SUBDIVISION SIX  OF
SECTION  TWO  HUNDRED FIVE OF THIS ARTICLE MAY BE APPEALED IN ACCORDANCE
WITH RULES PROMULGATED BY THE DEPARTMENT. THE RULES  OF  THE  DEPARTMENT
MAY SPECIFY A TIME WITHIN WHICH ANY APPEAL SHALL BE TAKEN AND RESOLVED.
  2.  ALL  DETERMINATIONS  MADE BY THE STATE BOARD OF PAROLE PURSUANT TO
SECTIONS TWO HUNDRED  FIFTY-NINE-B,  TWO  HUNDRED  FIFTY-NINE-E  OR  TWO
HUNDRED  FIFTY-NINE-F OF THE EXECUTIVE LAW MAY BE APPEALED IN ACCORDANCE
WITH THE RULES PROMULGATED BY THE DEPARTMENT. THE RULES OF  THE  DEPART-
MENT  MAY  SPECIFY  A  TIME  WITHIN  WHICH ANY APPEAL SHALL BE TAKEN AND
RESOLVED. THE FINAL DETERMINATION OF THE APPEAL SHALL  BE  MADE  BY  THE
STATE  BOARD OF PAROLE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
SECTION TWO HUNDRED FIFTY-NINE-B.
  3. UPON AN APPEAL OF A REVOCATION  OF  COMMUNITY  SUPERVISION  TO  THE
COMMISSIONER OR HIS OR HER DESIGNEE, THE INMATE MAY BE REPRESENTED BY AN
ATTORNEY.  WHERE  THE INMATE IS FINANCIALLY UNABLE TO PROVIDE FOR HIS OR
HER OWN ATTORNEY, UPON REQUEST AN ATTORNEY SHALL BE ASSIGNED PURSUANT TO
THE PROVISIONS OF PARAGRAPH  (H)  OF  SUBDIVISION  SIX  OF  SECTION  TWO
HUNDRED FIVE OF THIS ARTICLE.
  4.  (A)  THE  DEPARTMENT  SHALL  PROVIDE  FOR THE MAKING OF A VERBATIM
RECORD OF EACH PRELIMINARY AND FINAL REVOCATION HEARING, EXCEPT WHEN THE
DECISION OF THE HEARING OFFICER OR DESIGNEE AFTER SUCH HEARINGS  RESULTS
IN A DISMISSAL OF ALL CHARGED VIOLATIONS OF COMMUNITY SUPERVISION.
  (B)  THE  CHAIRMAN  OF THE BOARD OF PAROLE SHALL MAKE AVAILABLE TO THE
DEPARTMENT SUCH RECORDS OR RECORDING AS ARE  NECESSARY  TO  CONDUCT  THE
APPEAL.
  5.  WHENEVER  ANY DEAF PERSON PARTICIPATES IN A PRELIMINARY HEARING OR
REVOCATION HEARING, THERE SHALL BE APPOINTED A QUALIFIED INTERPRETER WHO
IS CERTIFIED BY A RECOGNIZED NATIONAL OR NEW  YORK  STATE  CREDENTIALING
AUTHORITY TO INTERPRET THE PROCEEDINGS TO AND THE STATEMENTS OR TESTIMO-
NY  OF SUCH DEAF PERSON. THE DEPARTMENT SHALL DETERMINE A REASONABLE FEE
FOR ALL SUCH INTERPRETING SERVICES, THE COST OF WHICH SHALL BE A  CHARGE
UPON THE DEPARTMENT.
  S  207.  MERIT  TERMINATION OF SENTENCE AND DISCHARGE FROM PRESUMPTIVE
RELEASE, PAROLE, CONDITIONAL RELEASE AND RELEASE TO POST-RELEASE  SUPER-
VISION.    1. THE DEPARTMENT MAY GRANT TO ANY PERSON A MERIT TERMINATION
OF SENTENCE FROM PRESUMPTIVE RELEASE,  PAROLE,  CONDITIONAL  RELEASE  OR
RELEASE  TO POST-RELEASE SUPERVISION PRIOR TO THE EXPIRATION OF THE FULL
TERM OR MAXIMUM TERM, PROVIDED IT IS DETERMINED BY THE  DEPARTMENT  THAT
SUCH  MERIT TERMINATION IS IN THE BEST INTERESTS OF SOCIETY, SUCH PERSON
IS NOT REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE  SIX-C
OF  THIS CHAPTER, AND SUCH PERSON IS NOT ON PRESUMPTIVE RELEASE, PAROLE,

S. 2812                            101                           A. 4012

CONDITIONAL RELEASE OR RELEASE TO POST-RELEASE SUPERVISION FROM  A  TERM
OF  IMPRISONMENT  IMPOSED  FOR  ANY OF THE FOLLOWING OFFENSES, OR FOR AN
ATTEMPT TO COMMIT ANY OF THE FOLLOWING OFFENSES:
  (A)  A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL
LAW;
  (B) MURDER IN THE FIRST DEGREE OR MURDER IN THE SECOND DEGREE;
  (C) AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
  (D) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, KIDNAPPING IN THE FIRST
DEGREE, OR KIDNAPPING IN THE SECOND DEGREE, IN WHICH THE VICTIM IS  LESS
THAN  SEVENTEEN  YEARS  OLD  AND  THE  OFFENDER IS NOT THE PARENT OF THE
VICTIM;
  (E) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL  LAW
INVOLVING THE PROSTITUTION OF A PERSON LESS THAN NINETEEN YEARS OLD;
  (F)  DISSEMINATING  INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE OR
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE;
  (G) INCEST;
  (H) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL
LAW;
  (I) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; OR
  (J) AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED  NINETY  OF  THE  PENAL
LAW.
  2.  A  MERIT  TERMINATION GRANTED BY THE DEPARTMENT UNDER THIS SECTION
SHALL CONSTITUTE A TERMINATION OF THE SENTENCE WITH RESPECT TO WHICH  IT
WAS  GRANTED.  NO  SUCH  MERIT  TERMINATION  SHALL BE GRANTED UNLESS THE
DEPARTMENT IS SATISFIED THAT TERMINATION OF  SENTENCE  FROM  PRESUMPTIVE
RELEASE,  PAROLE,  CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION IS IN
THE BEST INTEREST OF SOCIETY, AND THAT THE PAROLEE OR  RELEASEE,  OTHER-
WISE  FINANCIALLY  ABLE  TO  COMPLY WITH AN ORDER OF RESTITUTION AND THE
PAYMENT OF ANY MANDATORY SURCHARGE PREVIOUSLY  IMPOSED  BY  A  COURT  OF
COMPETENT  JURISDICTION,  HAS  MADE A GOOD FAITH EFFORT TO COMPLY THERE-
WITH.
  3. A MERIT TERMINATION OF SENTENCE MAY BE GRANTED AFTER TWO  YEARS  OF
PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO POST-RE-
LEASE SUPERVISION TO A PERSON SERVING A SENTENCE FOR A  CLASS  A  FELONY
OFFENSE  AS  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.  A
MERIT TERMINATION OF SENTENCE MAY  BE  GRANTED  TO  ALL  OTHER  ELIGIBLE
PERSONS  AFTER  ONE  YEAR  OF  PRESUMPTIVE  RELEASE, PAROLE, CONDITIONAL
RELEASE OR RELEASE TO POST-RELEASE SUPERVISION.
  4. THE DEPARTMENT MUST GRANT TERMINATION OF SENTENCE AFTER THREE YEARS
OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON SERVING AN  INDE-
TERMINATE  SENTENCE  FOR A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW, AND MUST GRANT TERMINATION OF  SENTENCE
AFTER  TWO  YEARS OF UNREVOKED PRESUMPTIVE RELEASE OR PAROLE TO A PERSON
SERVING AN INDETERMINATE SENTENCE FOR ANY OTHER FELONY  OFFENSE  DEFINED
IN  ARTICLE  TWO  HUNDRED  TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
LAW.
  5. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  GOVERNING
THE  ISSUANCE  OF  MERIT  TERMINATIONS  OF  SENTENCE AND DISCHARGES FROM
PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR POST-RELEASE  SUPER-
VISION  TO  ASSURE  THAT SUCH TERMINATIONS AND DISCHARGES ARE CONSISTENT
WITH PUBLIC SAFETY.
  6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE  CONTRA-
RY, WHERE A TERM OF POST-RELEASE SUPERVISION IN EXCESS OF FIVE YEARS HAS
BEEN  IMPOSED  ON  A  PERSON CONVICTED OF A CRIME DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, INCLUDING A SEXUALLY MOTIVATED  FELONY,
THE DEPARTMENT MAY GRANT A DISCHARGE FROM POST-RELEASE SUPERVISION PRIOR

S. 2812                            102                           A. 4012

TO  THE EXPIRATION OF THE MAXIMUM TERM OF POST-RELEASE SUPERVISION. SUCH
A DISCHARGE MAY BE GRANTED ONLY AFTER THE PERSON  HAS  SERVED  AT  LEAST
FIVE  YEARS  OF  POST-RELEASE  SUPERVISION, AND ONLY TO A PERSON WHO HAS
BEEN  ON  UNREVOKED  POST-RELEASE SUPERVISION FOR AT LEAST THREE CONSEC-
UTIVE YEARS. NO SUCH DISCHARGE SHALL BE GRANTED UNLESS THE DEPARTMENT:
  (A) CONSULTS WITH ANY LICENSED PSYCHOLOGIST,  QUALIFIED  PSYCHIATRIST,
OR  OTHER  MENTAL HEALTH PROFESSIONAL WHO IS PROVIDING CARE OR TREATMENT
TO THE SUPERVISEE;
  (B) DETERMINES THAT A DISCHARGE FROM POST-RELEASE  SUPERVISION  IS  IN
THE BEST INTERESTS OF SOCIETY; AND
  (C)  IS  SATISFIED  THAT THE SUPERVISEE, OTHERWISE FINANCIALLY ABLE TO
COMPLY WITH AN ORDER OF RESTITUTION AND THE  PAYMENT  OF  ANY  MANDATORY
SURCHARGE, SEX OFFENDER REGISTRATION FEE, OR DNA DATA BANK FEE PREVIOUS-
LY  IMPOSED  BY A COURT OF COMPETENT JURISDICTION, HAS MADE A GOOD FAITH
EFFORT TO COMPLY THEREWITH. BEFORE MAKING A DETERMINATION TO DISCHARGE A
PERSON FROM A PERIOD OF POST-RELEASE  SUPERVISION,  THE  DEPARTMENT  MAY
REQUEST  THAT  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH ARRANGE A
PSYCHIATRIC EVALUATION OF THE SUPERVISEE. A DISCHARGE GRANTED UNDER THIS
SECTION SHALL CONSTITUTE A TERMINATION OF THE SENTENCE WITH  RESPECT  TO
WHICH IT WAS GRANTED.
  S  208.  APPLICATIONS  FOR PRESUMPTIVE RELEASE OR CONDITIONAL RELEASE.
1. ALL REQUESTS FOR PRESUMPTIVE RELEASE OR CONDITIONAL RELEASE SHALL  BE
MADE  IN  WRITING  ON  FORMS PRESCRIBED AND FURNISHED BY THE DEPARTMENT.
WITHIN ONE MONTH FROM THE DATE ANY SUCH APPLICATION IS RECEIVED,  IF  IT
APPEARS THAT THE APPLICANT IS ELIGIBLE FOR PRESUMPTIVE RELEASE OR CONDI-
TIONAL  RELEASE  OR WILL BE ELIGIBLE FOR SUCH RELEASE DURING SUCH MONTH,
THE CONDITIONS OF RELEASE  SHALL  BE  FIXED  IN  ACCORDANCE  WITH  RULES
PRESCRIBED BY THE DEPARTMENT. SUCH CONDITIONS SHALL BE SUBSTANTIALLY THE
SAME AS CONDITIONS IMPOSED UPON PAROLEES.
  2.   NO  PERSON  SHALL  BE  PRESUMPTIVELY  RELEASED  OR  CONDITIONALLY
RELEASED, UNLESS THE APPLICANT HAS AGREED IN WRITING TO  THE  CONDITIONS
OF  RELEASE.   THE AGREEMENT SHALL STATE IN PLAIN, EASILY UNDERSTANDABLE
LANGUAGE THE CONSEQUENCES OF A VIOLATION OF ONE OR MORE  OF  THE  CONDI-
TIONS OF RELEASE.
  S  209.  COOPERATION.  IT  SHALL  BE  THE  DUTY OF THE COMMISSIONER OF
CORRECTIONS AND COMMUNITY SUPERVISION TO INSURE THAT  ALL  OFFICERS  AND
EMPLOYEES  OF THE DEPARTMENT SHALL AT ALL TIMES COOPERATE WITH THE BOARD
OF PAROLE AND SHALL FURNISH TO SUCH MEMBERS OF THE BOARD OF PAROLE  SUCH
INFORMATION  AS  MAY  BE NECESSARY TO ENABLE THEM TO PERFORM THEIR INDE-
PENDENT DECISION MAKING FUNCTIONS.
  S 210. COMPACTS WITH OTHER  STATES  FOR  OUT-OF-STATE  PAROLEE  SUPER-
VISION.  1. THE GOVERNOR IS HEREBY AUTHORIZED AND DIRECTED TO ENTER INTO
A  COMPACT  ON  BEHALF  OF  THE  STATE OF NEW YORK WITH ANY STATE OF THE
UNITED STATES LEGALLY JOINING  THEREIN  IN  THE  FORM  SUBSTANTIALLY  AS
FOLLOWS:
                                A COMPACT
  ENTERED  INTO BY AND AMONG THE CONTRACTING STATES, SIGNATORIES HERETO,
WITH THE CONSENT OF THE CONGRESS OF THE UNITED STATES OF AMERICA, GRANT-
ED BY AN ACT ENTITLED "AN ACT GRANTING THE CONSENT OF  CONGRESS  TO  ANY
TWO  OR MORE STATES TO ENTER INTO AGREEMENTS OR COMPACTS FOR COOPERATIVE
EFFORT AND MUTUAL ASSISTANCE IN THE PREVENTION OF CRIME  AND  FOR  OTHER
PURPOSES."
  THE CONTRACTING STATES SOLEMNLY AGREE:
  (1)  THAT  IT SHALL BE COMPETENT FOR THE DULY CONSTITUTED JUDICIAL AND
ADMINISTRATIVE AUTHORITIES OF A STATE  PARTY  TO  THIS  COMPACT  (HEREIN
CALLED  "SENDING  STATE")  TO  PERMIT ANY PERSON CONVICTED OF AN OFFENSE

S. 2812                            103                           A. 4012

WITHIN SUCH STATE AND PLACED ON  PROBATION  OR  RELEASED  ON  PAROLE  TO
RESIDE  IN ANY OTHER STATE PARTY TO THIS COMPACT (HEREIN CALLED "RECEIV-
ING STATE") WHILE ON PROBATION OR PAROLE, IF:
  (A)  SUCH  PERSON  IS  IN  FACT A RESIDENT OF OR HAS HIS OR HER FAMILY
RESIDING WITHIN THE RECEIVING STATE AND CAN OBTAIN EMPLOYMENT THERE;
  (B) THOUGH NOT A RESIDENT OF THE RECEIVING STATE AND NOT HAVING HIS OR
HER FAMILY RESIDING THERE, THE RECEIVING STATE CONSENTS TO  SUCH  PERSON
BEING  SENT THERE. BEFORE GRANTING SUCH PERMISSION, OPPORTUNITY SHALL BE
GRANTED TO THE RECEIVING STATE TO INVESTIGATE THE HOME  AND  PROSPECTIVE
EMPLOYMENT OF SUCH PERSON. A RESIDENT OF THE RECEIVING STATE, WITHIN THE
MEANING  OF  THIS  SECTION,  IS ONE WHO HAS BEEN AN ACTUAL INHABITANT OF
SUCH STATE CONTINUOUSLY FOR MORE THAN ONE  YEAR  PRIOR  TO  HIS  OR  HER
COMING TO THE SENDING STATE AND HAS NOT RESIDED WITHIN THE SENDING STATE
MORE  THAN SIX CONTINUOUS MONTHS IMMEDIATELY PRECEDING THE COMMISSION OF
THE OFFENSE FOR WHICH HE OR SHE HAS BEEN CONVICTED.
  (2) THAT EACH RECEIVING STATE WILL ASSUME THE DUTIES OF VISITATION  OF
AND  SUPERVISION  OVER PROBATIONERS OR PAROLEES OF ANY SENDING STATE AND
IN THE EXERCISE OF THOSE DUTIES WILL BE GOVERNED BY THE  SAME  STANDARDS
THAT PREVAIL FOR ITS OWN PROBATIONERS AND PAROLEES.
  (3)  THAT DULY ACCREDITED OFFICERS OF A SENDING STATE MAY AT ALL TIMES
ENTER A RECEIVING STATE AND THERE APPREHEND AND  RETAKE  ANY  PERSON  ON
PROBATION  OR  PAROLE.  FOR THAT PURPOSE NO FORMALITIES WILL BE REQUIRED
OTHER THAN ESTABLISHING THE AUTHORITY OF THE OFFICER AND THE IDENTITY OF
THE PERSON TO BE RETAKEN. ALL LEGAL REQUIREMENTS TO  OBTAIN  EXTRADITION
OF  FUGITIVES  FROM  JUSTICE  ARE HEREBY EXPRESSLY WAIVED ON THE PART OF
STATES PARTY HERETO, AS TO SUCH PERSONS. THE  DECISION  OF  THE  SENDING
STATE TO RETAKE A PERSON ON PROBATION OR PAROLE SHALL BE CONCLUSIVE UPON
AND  NOT  REVIEWABLE WITHIN THE RECEIVING STATE; PROVIDED, HOWEVER, THAT
IF AT THE TIME WHEN A STATE SEEKS TO RETAKE  A  PROBATIONER  OR  PAROLEE
THERE SHOULD BE PENDING AGAINST HIM WITHIN THE RECEIVING STATE ANY CRIM-
INAL  CHARGE,  OR HE SHOULD BE SUSPECTED OF HAVING COMMITTED WITHIN SUCH
STATE A CRIMINAL OFFENSE, HE SHALL NOT BE RETAKEN WITHOUT THE CONSENT OF
THE RECEIVING STATE UNTIL DISCHARGED FROM PROSECUTION OR FROM  IMPRISON-
MENT FOR SUCH OFFENSE.
  (4)  THAT  THE  DULY  ACCREDITED OFFICERS OF THE SENDING STATE WILL BE
PERMITTED TO TRANSPORT PRISONERS  BEING  RETAKEN  THROUGH  ANY  AND  ALL
STATES PARTIES TO THIS COMPACT, WITHOUT INTERFERENCE.
  (5)  THAT  THE  GOVERNOR  OF  EACH STATE MAY DESIGNATE AN OFFICER WHO,
ACTING JOINTLY WITH LIKE OFFICERS OF OTHER CONTRACTING  STATES,  IF  AND
WHEN  APPOINTED,  SHALL  PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
DEEMED NECESSARY TO  MORE  EFFECTIVELY  CARRY  OUT  THE  TERMS  OF  THIS
COMPACT.
  (6)  THAT  THIS  COMPACT  SHALL  BECOME OPERATIVE IMMEDIATELY UPON ITS
RATIFICATION BY ANY STATE AS BETWEEN IT AND ANY OTHER STATE OR STATES SO
RATIFYING. WHEN RATIFIED IT SHALL HAVE THE FULL FORCE AND EFFECT OF  LAW
WITHIN SUCH STATE, THE FORM OF RATIFICATION TO BE IN ACCORDANCE WITH THE
LAWS OF THE RATIFYING STATE.
  (7)  THAT THIS COMPACT SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON
EACH RATIFYING STATE UNTIL RENOUNCED BY IT. THE DUTIES  AND  OBLIGATIONS
HEREUNDER  OF A RENOUNCING STATE SHALL CONTINUE AS TO PAROLEES OR PROBA-
TIONERS RESIDING THEREIN AT THE TIME  OF  WITHDRAWAL  UNTIL  RETAKEN  OR
FINALLY  DISCHARGED  BY  THE SENDING STATE. RENUNCIATION OF THIS COMPACT
SHALL BE BY THE SAME AUTHORITY WHICH RATIFIED IT, BY SENDING SIX MONTHS'
NOTICE IN WRITING OF ITS INTENTION TO WITHDRAW FROM THE COMPACT  TO  THE
OTHER STATES PARTY HERETO.

S. 2812                            104                           A. 4012

  2.  THE  COMMISSIONER  SHALL  HAVE POWER AND SHALL BE CHARGED WITH THE
DUTY OF PROMULGATING SUCH RULES AND REGULATIONS AS MAY BE DEEMED  NECES-
SARY  TO  CARRY  OUT  THE  TERMS  OF A COMPACT ENTERED INTO BY THE STATE
PURSUANT TO THIS SECTION.
  3.  IF ANY SECTION, SENTENCE, SUBDIVISION OR CLAUSE OF THIS SECTION IS
FOR ANY REASON HELD INVALID OR TO  BE  UNCONSTITUTIONAL,  SUCH  DECISION
SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
  4. THIS SECTION MAY BE CITED AS THE UNIFORM ACT FOR OUT-OF-STATE PARO-
LEE SUPERVISION.
  S  211.  INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION; THE INTER-
STATE COMPACT FOR ADULT  OFFENDER  SUPERVISION  AS  SET  FORTH  IN  THIS
SECTION  IS  HEREBY  ADOPTED, ENACTED INTO LAW AND ENTERED INTO WITH ALL
OTHER JURISDICTIONS JOINING THEREIN. THE COMPACT SHALL BE AS FOLLOWS:
             INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
                         ARTICLE I     PURPOSE.
                       ARTICLE II    DEFINITIONS.
                  ARTICLE III   THE COMPACT COMMISSION.
                    ARTICLE IV    THE STATE COUNCIL.
      ARTICLE V     POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
 ARTICLE VI    ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
         ARTICLE VII   ACTIVITIES OF THE INTERSTATE COMMISSION.
    ARTICLE VIII  RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
   ARTICLE IX    OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
                         INTERSTATE COMMISSION.
                         ARTICLE X     FINANCE.
     ARTICLE XI    COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
ARTICLE XII   WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT.
              ARTICLE XIII  SEVERABILITY AND CONSTRUCTION.
         ARTICLE XIV   BINDING EFFECT OF COMPACT AND OTHER LAWS.

                                ARTICLE 1
                                 PURPOSE
  THE COMPACTING STATES TO THIS INTERSTATE COMPACT RECOGNIZE  THAT  EACH
STATE  IS  RESPONSIBLE  FOR  THE  SUPERVISION  OF ADULT OFFENDERS IN THE
COMMUNITY WHO ARE AUTHORIZED PURSUANT TO THE BYLAWS AND  RULES  OF  THIS
COMPACT  TO  TRAVEL  ACROSS STATE LINES BOTH TO AND FROM EACH COMPACTING
STATE IN SUCH A MANNER AS TO TRACK THE LOCATION OF  OFFENDERS,  TRANSFER
SUPERVISION  AUTHORITY  IN  AN  ORDERLY  AND  EFFICIENT MANNER, AND WHEN
NECESSARY  RETURN  OFFENDERS  TO  THE  ORIGINATING  JURISDICTIONS.   THE
COMPACTING  STATES  ALSO  RECOGNIZE THAT CONGRESS, BY ENACTING THE CRIME
CONTROL ACT, 4 U.S.C. SECTION 112 (1965), HAS AUTHORIZED AND  ENCOURAGED
COMPACTS FOR COOPERATIVE EFFORTS AND MUTUAL ASSISTANCE IN THE PREVENTION
OF  CRIME.  IT IS THE PURPOSE OF THIS COMPACT AND THE INTERSTATE COMMIS-
SION CREATED PURSUANT TO THIS COMPACT, THROUGH MEANS OF JOINT AND  COOP-
ERATIVE ACTION AMONG THE COMPACTING STATES: TO PROVIDE THE FRAMEWORK FOR
THE PROMOTION OF PUBLIC SAFETY AND PROTECT THE RIGHTS OF VICTIMS THROUGH
THE  CONTROL  AND  REGULATION OF THE INTERSTATE MOVEMENT OF OFFENDERS IN
THE COMMUNITY; TO PROVIDE FOR THE EFFECTIVE  TRACKING,  SUPERVISION  AND
REHABILITATION  OF  THESE OFFENDERS BY THE SENDING AND RECEIVING STATES;
AND TO EQUITABLY DISTRIBUTE THE COSTS, BENEFITS AND OBLIGATIONS  OF  THE
COMPACT  AMONG  THE  COMPACTING  STATES. IN ADDITION, THIS COMPACT WILL:
CREATE AN INTERSTATE COMMISSION WHICH WILL ESTABLISH UNIFORM  PROCEDURES
TO  MANAGE  THE MOVEMENT BETWEEN STATES OF ADULTS PLACED UNDER COMMUNITY
SUPERVISION AND RELEASED TO THE  COMMUNITY  UNDER  THE  JURISDICTION  OF
COURTS,  PAROLING  AUTHORITIES,  CORRECTIONS  OR  OTHER CRIMINAL JUSTICE
AGENCIES WHICH WILL PROMULGATE RULES TO  ACHIEVE  THE  PURPOSE  OF  THIS

S. 2812                            105                           A. 4012

COMPACT;  ENSURE  AN  OPPORTUNITY FOR INPUT AND TIMELY NOTICE TO VICTIMS
AND TO JURISDICTIONS WHERE DEFINED OFFENDERS ARE AUTHORIZED TO TRAVEL OR
TO RELOCATE ACROSS STATE LINES;  ESTABLISH  A  SYSTEM  OF  UNIFORM  DATA
COLLECTION, ACCESS TO INFORMATION ON ACTIVE CASES BY AUTHORIZED CRIMINAL
JUSTICE  OFFICIALS, AND REGULAR REPORTING OF COMPACT ACTIVITIES TO HEADS
OF STATE COUNCILS, STATE EXECUTIVE, JUDICIAL AND  LEGISLATIVE  BRANCHES,
AND  CRIMINAL  JUSTICE  ADMINISTRATORS;  MONITOR  COMPLIANCE  WITH RULES
GOVERNING INTERSTATE MOVEMENT OF OFFENDERS AND INITIATE INTERVENTIONS TO
ADDRESS AND CORRECT NON-COMPLIANCE; AND COORDINATE TRAINING  AND  EDUCA-
TION REGARDING REGULATIONS OF INTERSTATE MOVEMENT OF OFFENDERS FOR OFFI-
CIALS  INVOLVED  IN  SUCH ACTIVITY. THE COMPACTING STATES RECOGNIZE THAT
THERE IS NO "RIGHT" OF ANY OFFENDER TO LIVE IN ANOTHER  STATE  AND  THAT
DULY  ACCREDITED  OFFICERS  OF  A SENDING STATE MAY AT ALL TIMES ENTER A
RECEIVING STATE AND THERE APPREHEND AND RETAKE ANY OFFENDER UNDER SUPER-
VISION SUBJECT TO THE PROVISIONS OF THIS COMPACT AND  BYLAWS  AND  RULES
PROMULGATED  THERETO. IT IS THE POLICY OF THE COMPACTING STATES THAT THE
ACTIVITIES CONDUCTED  BY  THE  INTERSTATE  COMMISSION  CREATED  BY  THIS
COMPACT  ARE  THE  FORMATION OF PUBLIC POLICIES AND ARE THEREFORE PUBLIC
BUSINESS.

                               ARTICLE II
                               DEFINITIONS

  AS USED IN THIS COMPACT, UNLESS THE CONTEXT CLEARLY REQUIRES A DIFFER-
ENT CONSTRUCTION:
  (A) "ADULT" MEANS BOTH INDIVIDUALS LEGALLY CLASSIFIED  AS  ADULTS  AND
JUVENILES TREATED AS ADULTS BY COURT ORDER, STATUTE OR OPERATION OF LAW.
  (B)  "BY-LAWS"  MEANS  THOSE  BY-LAWS  ESTABLISHED  BY  THE INTERSTATE
COMMISSION FOR ITS GOVERNANCE,  OR  FOR  DIRECTING  OR  CONTROLLING  THE
INTERSTATE COMMISSION'S ACTIONS OR CONDUCT.
  (C)  "COMPACT  ADMINISTRATOR"  MEANS THE INDIVIDUAL IN EACH COMPACTING
STATE APPOINTED PURSUANT TO THE TERMS OF THIS  COMPACT  RESPONSIBLE  FOR
THE  ADMINISTRATION AND MANAGEMENT OF THE STATE'S SUPERVISION AND TRANS-
FER OF OFFENDERS SUBJECT TO THE TERMS OF THIS COMPACT, THE RULES ADOPTED
BY THE INTERSTATE COMMISSION AND POLICIES ADOPTED BY THE  STATE  COUNCIL
UNDER THIS COMPACT.
  (D)  "COMPACTING STATE" MEANS ANY STATE WHICH HAS ENACTED THE ENABLING
LEGISLATION FOR THIS COMPACT.
  (E) "COMMISSIONER" MEANS THE VOTING REPRESENTATIVE OF EACH  COMPACTING
STATE APPOINTED PURSUANT TO ARTICLE III OF THIS COMPACT.
  (F)  "INTERSTATE COMMISSION" MEANS THE INTERSTATE COMMISSION FOR ADULT
OFFENDER SUPERVISION ESTABLISHED BY THIS COMPACT.
  (G) "MEMBER" MEANS THE COMMISSIONER OF A COMPACTING STATE OR DESIGNEE,
WHO SHALL BE A PERSON OFFICIALLY CONNECTED WITH THE COMMISSIONER.
  (H) "NON-COMPACTING STATE" MEANS ANY STATE WHICH HAS NOT  ENACTED  THE
ENABLING LEGISLATION FOR THIS COMPACT.
  (I) "OFFENDER" MEANS AN ADULT PLACED UNDER, OR SUBJECT TO, SUPERVISION
AS  THE  RESULT  OF THE COMMISSION OF A CRIMINAL OFFENSE AND RELEASED TO
THE COMMUNITY UNDER THE JURISDICTION OF  COURTS,  PAROLING  AUTHORITIES,
CORRECTIONS OR OTHER CRIMINAL JUSTICE AGENCIES.
  (J) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, BUSINESS ENTERPRISE OR
OTHER LEGAL ENTITY, EITHER PUBLIC OR PRIVATE.
  (K)  "RULES" MEANS ACTS OF THE INTERSTATE COMMISSION, DULY PROMULGATED
PURSUANT TO ARTICLE VIII OF THIS COMPACT, SUBSTANTIALLY AFFECTING INTER-
ESTED PARTIES IN ADDITION TO THE INTERSTATE COMMISSION, WHICH SHALL HAVE
THE FORCE AND EFFECT OF LAW IN THE COMPACTING STATES.

S. 2812                            106                           A. 4012

  (L) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA AND ANY OTHER TERRITORIAL POSSESSIONS OF THE UNITED STATES.
  (M)  "STATE  COUNCIL"  MEANS THE RESIDENT MEMBERS OF THE STATE COUNCIL
FOR INTERSTATE ADULT OFFENDER SUPERVISION CREATED BY  EACH  STATE  UNDER
ARTICLE IV OF THIS COMPACT.
                               ARTICLE III
                         THE COMPACT COMMISSION
  THE  COMPACTING  STATES  HEREBY  CREATE THE "INTERSTATE COMMISSION FOR
ADULT OFFENDER SUPERVISION". THE INTERSTATE COMMISSION SHALL BE  A  BODY
CORPORATE  AND  JOINT  AGENCY  OF  THE COMPACTING STATES. THE INTERSTATE
COMMISSION SHALL HAVE ALL THE RESPONSIBILITIES, POWERS  AND  DUTIES  SET
FORTH  IN THIS COMPACT, INCLUDING THE POWER TO SUE AND BE SUED, AND SUCH
ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY  SUBSEQUENT  ACTION  OF
THE  RESPECTIVE LEGISLATURES OF THE COMPACTING STATES IN ACCORDANCE WITH
THE TERMS OF THIS COMPACT.
  THE INTERSTATE COMMISSION SHALL CONSIST OF COMMISSIONERS SELECTED  AND
APPOINTED  BY  RESIDENT  MEMBERS OF A STATE COUNCIL FOR INTERSTATE ADULT
OFFENDER SUPERVISION FOR EACH STATE. IN ADDITION  TO  THE  COMMISSIONERS
WHO ARE THE VOTING REPRESENTATIVES OF EACH STATE, THE INTERSTATE COMMIS-
SION  SHALL  INCLUDE  INDIVIDUALS  WHO ARE NOT COMMISSIONERS BUT WHO ARE
MEMBERS OF INTERESTED ORGANIZATIONS; SUCH NON-COMMISSIONER MEMBERS  MUST
INCLUDE  A  MEMBER  OF THE NATIONAL ORGANIZATIONS OF GOVERNORS, LEGISLA-
TORS, STATE CHIEF JUSTICES, ATTORNEYS GENERAL  AND  CRIME  VICTIMS.  ALL
NON-COMMISSIONER  MEMBERS OF THE INTERSTATE COMMISSION SHALL BE EX-OFFI-
CIO (NONVOTING) MEMBERS. THE INTERSTATE COMMISSION MAY  PROVIDE  IN  ITS
BY-LAWS  FOR SUCH ADDITIONAL, EX-OFFICIO, NON-VOTING MEMBERS AS IT DEEMS
NECESSARY.
  EACH COMPACTING STATE REPRESENTED AT ANY  MEETING  OF  THE  INTERSTATE
COMMISSION  IS ENTITLED TO ONE VOTE. A MAJORITY OF THE COMPACTING STATES
SHALL CONSTITUTE A QUORUM FOR THE  TRANSACTION  OF  BUSINESS,  UNLESS  A
LARGER  QUORUM  IS REQUIRED BY THE BY-LAWS OF THE INTERSTATE COMMISSION.
THE INTERSTATE COMMISSION SHALL MEET A LEAST ONCE  EACH  CALENDAR  YEAR.
THE  CHAIRPERSON  MAY  CALL ADDITIONAL MEETINGS AND, UPON THE REQUEST OF
TWENTY-SEVEN OR MORE COMPACTING STATES, SHALL CALL ADDITIONAL  MEETINGS.
PUBLIC  NOTICE SHALL BE GIVEN OF ALL MEETINGS AND MEETINGS SHALL BE OPEN
TO THE PUBLIC.
  THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE COMMITTEE WHICH
SHALL INCLUDE COMMISSION OFFICERS, MEMBERS AND OTHERS AS SHALL BE DETER-
MINED BY THE BY-LAWS. THE EXECUTIVE COMMITTEE SHALL HAVE  THE  POWER  TO
ACT  ON  BEHALF  OF  THE  INTERSTATE  COMMISSION DURING PERIODS WHEN THE
INTERSTATE COMMISSION IS NOT IN SESSION, WITH THE EXCEPTION OF  RULEMAK-
ING  AND/OR  AMENDMENT  TO THE COMPACT. THE EXECUTIVE COMMITTEE OVERSEES
THE DAY-TO-DAY ACTIVITIES MANAGED BY THE EXECUTIVE DIRECTOR  AND  INTER-
STATE  COMMISSION STAFF; ADMINISTERS ENFORCEMENT AND COMPLIANCE WITH THE
PROVISIONS OF THE COMPACT, ITS BY-LAWS AND AS DIRECTED BY THE INTERSTATE
COMMISSION AND PERFORMS OTHER DUTIES AS DIRECTED BY  THE  COMMISSION  OR
SET FORTH IN THE BY-LAWS.
                               ARTICLE IV
                            THE STATE COUNCIL
  EACH  MEMBER  STATE  SHALL CREATE A STATE COUNCIL FOR INTERSTATE ADULT
OFFENDER SUPERVISION WHICH SHALL BE RESPONSIBLE FOR THE  APPOINTMENT  OF
THE  COMMISSIONER WHO SHALL SERVE ON THE INTERSTATE COMMISSION FROM THAT
STATE. EACH STATE COUNCIL SHALL APPOINT AS ITS COMMISSIONER THE  COMPACT
ADMINISTRATOR  FROM  THAT STATE TO SERVE ON THE INTERSTATE COMMISSION IN
SUCH CAPACITY UNDER OR PURSUANT TO APPLICABLE LAW OF THE  MEMBER  STATE.
WHILE  EACH  MEMBER  STATE MAY DETERMINE THE MEMBERSHIP OF ITS OWN STATE

S. 2812                            107                           A. 4012

COUNCIL, ITS MEMBERSHIP MUST INCLUDE AT LEAST  ONE  REPRESENTATIVE  FROM
THE  LEGISLATIVE, JUDICIAL AND EXECUTIVE BRANCHES OF GOVERNMENT, VICTIMS
GROUPS AND COMPACT ADMINISTRATORS. EACH  COMPACTING  STATE  RETAINS  THE
RIGHT  TO  DETERMINE THE QUALIFICATIONS OF THE COMPACT ADMINISTRATOR WHO
SHALL BE APPOINTED BY THE STATE COUNCIL OR BY THE GOVERNOR IN  CONSULTA-
TION WITH THE LEGISLATURE AND THE JUDICIARY.  IN ADDITION TO APPOINTMENT
OF  ITS  COMMISSIONER  TO THE NATIONAL INTERSTATE COMMISSION, EACH STATE
COUNCIL SHALL EXERCISE OVERSIGHT AND  ADVOCACY  CONCERNING  ITS  PARTIC-
IPATION  IN  INTERSTATE COMMISSION ACTIVITIES AND OTHER DUTIES AS MAY BE
DETERMINED BY EACH MEMBER STATE INCLUDING BUT NOT LIMITED  TO,  DEVELOP-
MENT OF POLICY CONCERNING OPERATIONS AND PROCEDURES OF THE COMPACT WITH-
IN  THAT  STATE.  THE  COMPACT  ADMINISTRATOR  SHALL BE APPOINTED BY THE
GOVERNOR IN CONSULTATION WITH THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE CHIEF JUDGE OF THE COURT OF APPEALS. THE
STATE COUNCIL SHALL APPOINT THE COMPACT ADMINISTRATOR TO  SERVE  ON  THE
INTERSTATE COMMISSION PURSUANT TO THIS SECTION.
                                ARTICLE V
             POWERS AND DUTIES OF THE INTERSTATE COMMISSION
  THE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
  (A)  TO ADOPT A SEAL AND SUITABLE BY-LAWS GOVERNING THE MANAGEMENT AND
OPERATION OF THE INTERSTATE COMMISSION;
  (B) TO PROMULGATE RULES WHICH SHALL HAVE THE FORCE AND EFFECT OF STAT-
UTORY LAW AND SHALL BE BINDING IN THE COMPACTING STATES  TO  THE  EXTENT
AND IN THE MANNER PROVIDED IN THIS COMPACT;
  (C)  TO  OVERSEE,  SUPERVISE AND COORDINATE THE INTERSTATE MOVEMENT OF
OFFENDERS SUBJECT TO THE TERMS OF THIS COMPACT AND ANY  BY-LAWS  ADOPTED
AND RULES PROMULGATED BY THE COMPACT COMMISSION;
  (D)  TO ENFORCE COMPLIANCE WITH COMPACT PROVISIONS, INTERSTATE COMMIS-
SION RULES, AND BY-LAWS USING ALL NECESSARY AND PROPER MEANS,  INCLUDING
BUT NOT LIMITED TO, THE USE OF JUDICIAL ORDER;
  (E) TO ESTABLISH AND MAINTAIN OFFICES;
  (F) TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
  (G)  TO  BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUD-
ING, BUT NOT LIMITED TO, MEMBERS AND THEIR STAFFS;
  (H) TO ESTABLISH AND APPOINT COMMITTEES AND HIRE STAFF WHICH IT  DEEMS
NECESSARY  FOR  THE  CARRYING  OUT  OF  ITS FUNCTIONS INCLUDING, BUT NOT
LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED BY ARTICLE  III  OF  THIS
COMPACT  WHICH  SHALL  HAVE THE POWER TO ACT ON BEHALF OF THE INTERSTATE
COMMISSION IN CARRYING OUT  ITS  POWERS  AND  DUTIES  PURSUANT  TO  THIS
COMPACT;
  (I) TO ELECT OR APPOINT SUCH OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS OR
CONSULTANTS,  AND  TO  FIX  THEIR  COMPENSATION, DEFINE THEIR DUTIES AND
DETERMINE THEIR QUALIFICATIONS; AND TO ESTABLISH THE INTERSTATE  COMMIS-
SION'S  PERSONNEL POLICIES AND PROGRAMS RELATING TO, AMONG OTHER THINGS,
CONFLICTS OF INTEREST,  RATES  OF  COMPENSATION  AND  QUALIFICATIONS  OF
PERSONNEL;
  (J)  TO  ACCEPT  ANY AND ALL DONATIONS AND GRANTS OF MONEY, EQUIPMENT,
SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND DISPOSE OF
SAME;
  (K) TO LEASE, PURCHASE,  ACCEPT  CONTRIBUTIONS  OR  DONATIONS  OF,  OR
OTHERWISE  TO  OWN, HOLD, IMPROVE OR USE ANY PROPERTY, REAL, PERSONAL OR
MIXED;
  (L) TO SELL, CONVEY, MORTGAGE, PLEDGE,  LEASE,  EXCHANGE,  ABANDON  OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR MIXED;
  (M)  TO  ESTABLISH  A  BUDGET  AND  MAKE EXPENDITURES AND LEVY DUES AS
PROVIDED IN ARTICLE X OF THIS COMPACT;

S. 2812                            108                           A. 4012

  (N) TO SUE AND BE SUED;
  (O) TO PROVIDE FOR DISPUTE RESOLUTION AMONG COMPACTING STATES;
  (P)  TO  PERFORM  SUCH FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT;
  (Q) TO REPORT ANNUALLY TO THE LEGISLATURES, GOVERNORS,  JUDICIARY  AND
STATE COUNCILS OF THE COMPACTING STATES CONCERNING THE ACTIVITIES OF THE
INTERSTATE COMMISSION DURING THE PRECEDING YEAR. SUCH REPORTS SHALL ALSO
INCLUDE ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE
COMMISSION;
  (R)  TO  COORDINATE EDUCATION, TRAINING AND PUBLIC AWARENESS REGARDING
THE INTERSTATE MOVEMENT OF OFFENDERS  FOR  OFFICIALS  INVOLVED  IN  SUCH
ACTIVITY; AND
  (S)  TO  ESTABLISH UNIFORM STANDARDS FOR THE REPORTING, COLLECTING AND
EXCHANGING OF DATA.
                               ARTICLE VI
         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
  (A) BY-LAWS. THE INTERSTATE COMMISSION SHALL, BY  A  MAJORITY  OF  THE
MEMBERS,  WITHIN  TWELVE MONTHS OF THE FIRST INTERSTATE COMMISSION MEET-
ING, ADOPT BY-LAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY  OR  APPRO-
PRIATE  TO  CARRY  OUT  THE  PURPOSES OF THE COMPACT, INCLUDING, BUT NOT
LIMITED TO:
  1. ESTABLISHING THE FISCAL YEAR OF THE INTERSTATE COMMISSION;
  2. ESTABLISHING AN EXECUTIVE COMMITTEE AND SUCH  OTHER  COMMITTEES  AS
MAY BE NECESSARY;
  3. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
  A. FOR THE ESTABLISHMENT OF COMMITTEES, AND
  B.  GOVERNING  ANY  GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE INTERSTATE COMMISSION;
  4. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
OF THE INTERSTATE COMMISSION, AND ENSURING  REASONABLE  NOTICE  OF  EACH
SUCH MEETING;
  5. ESTABLISHING THE TITLES AND RESPONSIBILITIES OF THE OFFICERS OF THE
INTERSTATE COMMISSION;
  6. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF  THE  PERSONNEL  POLICIES  AND PROGRAMS OF THE INTERSTATE COMMISSION.
NOTWITHSTANDING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY  COMPACT-
ING  STATE,  THE BY-LAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES
AND PROGRAMS OF THE INTERSTATE COMMISSION;
  7. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF  THE  INTER-
STATE  COMMISSION AND THE EQUITABLE RETURN OF ANY SURPLUS FUNDS THAT MAY
EXIST UPON THE TERMINATION OF  THE  COMPACT  AFTER  THE  PAYMENT  AND/OR
RESERVING OF ALL OF ITS DEBTS AND OBLIGATIONS;
  8.  PROVIDING  TRANSITION  RULES  FOR "START UP" ADMINISTRATION OF THE
COMPACT; AND
  9. ESTABLISHING STANDARDS AND PROCEDURES FOR COMPLIANCE AND  TECHNICAL
ASSISTANCE IN CARRYING OUT THE COMPACT.
  (B) OFFICERS AND STAFF. THE INTERSTATE COMMISSION SHALL, BY A MAJORITY
OF  THE  MEMBERS,  ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND A VICE
CHAIRPERSON, EACH OF WHOM SHALL HAVE SUCH AUTHORITIES AND DUTIES AS  MAY
BE  SPECIFIED  IN THE BY-LAWS. THE CHAIRPERSON OR, IN HIS OR HER ABSENCE
OR DISABILITY, THE VICE CHAIRPERSON, SHALL PRESIDE AT  ALL  MEETINGS  OF
THE  INTERSTATE  COMMISSION. THE OFFICERS SO ELECTED SHALL SERVE WITHOUT
COMPENSATION OR REMUNERATION FROM THE  INTERSTATE  COMMISSION;  PROVIDED
THAT,  SUBJECT TO THE AVAILABILITY OF BUDGETED FUNDS, THE OFFICERS SHALL
BE REIMBURSED FOR ANY ACTUAL AND NECESSARY COSTS AND  EXPENSES  INCURRED

S. 2812                            109                           A. 4012

BY THEM IN THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES AS OFFI-
CERS OF THE INTERSTATE COMMISSION.
  THE  INTERSTATE  COMMISSION  SHALL,  THROUGH  ITS EXECUTIVE COMMITTEE,
APPOINT OR RETAIN AN EXECUTIVE DIRECTOR FOR SUCH PERIOD, UPON SUCH TERMS
AND CONDITIONS AND FOR SUCH COMPENSATION AS  THE  INTERSTATE  COMMISSION
MAY DEEM APPROPRIATE. THE EXECUTIVE DIRECTOR SHALL SERVE AS SECRETARY TO
THE  INTERSTATE  COMMISSION,  AND HIRE AND SUPERVISE SUCH OTHER STAFF AS
MAY BE AUTHORIZED BY THE INTERSTATE  COMMISSION,  BUT  SHALL  NOT  BE  A
MEMBER.
  (C)  CORPORATE  RECORDS  OF  THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL MAINTAIN ITS CORPORATE BOOKS AND RECORDS IN  ACCORDANCE
WITH THE BY-LAWS.
  (D)  QUALIFIED  IMMUNITY,  DEFENSE  AND  INDEMNIFICATION. THE MEMBERS,
OFFICERS, EXECUTIVE DIRECTOR AND EMPLOYEES OF THE INTERSTATE  COMMISSION
SHALL  BE  IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR
OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS  OF  PROPERTY  OR
PERSONAL  INJURY  OR  OTHER  CIVIL LIABILITY CAUSE OR ARISING OUT OF ANY
ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE  SCOPE
OF   INTERSTATE   COMMISSION  EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES;
PROVIDED, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROTECT
ANY SUCH PERSON FROM SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS,  INJURY
OR  LIABILITY CAUSED BY THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT
OF ANY SUCH PERSON. THE INTERSTATE COMMISSION SHALL DEFEND  THE  COMMIS-
SIONER  OF  A COMPACTING STATE, OR HIS OR HER REPRESENTATIVES OR EMPLOY-
EES, OR THE INTERSTATE COMMISSION'S REPRESENTATIVES OR EMPLOYEES, IN ANY
CIVIL ACTION SEEKING TO IMPOSE LIABILITY, ARISING OUT OF ANY  ACTUAL  OR
ALLEGED  ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF INTER-
STATE COMMISSION EMPLOYMENT, DUTIES OR  RESPONSIBILITIES,  OR  THAT  THE
DEFENDANT HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE
OF   INTERSTATE   COMMISSION  EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES;
PROVIDED, THAT THE ACTUAL OR ALLEGED ACT,  ERROR  OR  OMISSION  DID  NOT
RESULT FROM INTENTIONAL WRONGDOING ON THE PART OF SUCH PERSON.
  THE INTERSTATE COMMISSION SHALL INDEMNIFY AND HOLD THE COMMISSIONER OF
A  COMPACTING  STATE, THE APPOINTED DESIGNEE OR EMPLOYEES, OR THE INTER-
STATE COMMISSION'S REPRESENTATIVES OR EMPLOYEES, HARMLESS IN THE  AMOUNT
OF  ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST SUCH PERSONS ARISING OUT
OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE
SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES  OR  RESPONSIBILITIES,
OR THAT SUCH PERSONS HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITH-
IN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBIL-
ITIES,  PROVIDED,  THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID
NOT RESULT FROM GROSS NEGLIGENCE OR INTENTIONAL WRONGDOING ON  THE  PART
OF SUCH PERSON.
                               ARTICLE VII
                 ACTIVITIES OF THE INTERSTATE COMMISSION
  THE  INTERSTATE  COMMISSION  SHALL  MEET  AND TAKE SUCH ACTIONS AS ARE
CONSISTENT WITH THE PROVISIONS OF THIS COMPACT.
  EXCEPT AS OTHERWISE PROVIDED IN THIS  COMPACT  AND  UNLESS  A  GREATER
PERCENTAGE  IS REQUIRED BY THE BY-LAWS, IN ORDER TO CONSTITUTE AN ACT OF
THE INTERSTATE COMMISSION, SUCH ACT SHALL HAVE BEEN TAKEN AT  A  MEETING
OF THE INTERSTATE COMMISSION AND SHALL HAVE RECEIVED AN AFFIRMATIVE VOTE
OF A MAJORITY OF THE MEMBERS PRESENT.
  EACH  MEMBER  OF  THE  INTERSTATE  COMMISSION SHALL HAVE THE RIGHT AND
POWER TO CAST A VOTE TO  WHICH  COMPACTING  STATE  IS  ENTITLED  AND  TO
PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION. A
MEMBER SHALL VOTE IN PERSON ON BEHALF OF THE STATE AND SHALL  NOT  DELE-

S. 2812                            110                           A. 4012

GATE  A  VOTE  TO  ANOTHER  MEMBER STATE. HOWEVER, A STATE COUNCIL SHALL
APPOINT ANOTHER AUTHORIZED REPRESENTATIVE, IN THE ABSENCE OF THE COMMIS-
SIONER FROM THAT STATE, TO CAST A VOTE ON BEHALF OF THE MEMBER STATE  AT
A  SPECIFIED MEETING. THE BY-LAWS MAY PROVIDE FOR MEMBERS' PARTICIPATION
IN MEETINGS BY TELEPHONE OR OTHER MEANS OF  TELECOMMUNICATION  OR  ELEC-
TRONIC  COMMUNICATION. ANY VOTING CONDUCTED BY TELEPHONE, OR OTHER MEANS
OF TELECOMMUNICATION OR ELECTRONIC COMMUNICATION SHALL BE SUBJECT TO THE
SAME QUORUM REQUIREMENTS  OF  MEETINGS  WHERE  MEMBERS  ARE  PRESENT  IN
PERSON.
  THE  INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALEN-
DAR YEAR. THE CHAIRPERSON OF THE INTERSTATE COMMISSION  MAY  CALL  ADDI-
TIONAL  MEETINGS  AT ANY TIME AND, UPON THE REQUEST OF A MAJORITY OF THE
MEMBERS, SHALL CALL ADDITIONAL MEETINGS.
  THE INTERSTATE COMMISSION'S BY-LAWS  SHALL  ESTABLISH  CONDITIONS  AND
PROCEDURES UNDER WHICH THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMA-
TION  AND  OFFICIAL  RECORDS  AVAILABLE  TO THE PUBLIC FOR INSPECTION OR
COPYING. THE INTERSTATE COMMISSION MAY EXEMPT FROM DISCLOSURE ANY INFOR-
MATION OR OFFICIAL RECORDS TO THE EXTENT  THEY  WOULD  ADVERSELY  AFFECT
PERSONAL  PRIVACY  RIGHTS OR PROPRIETARY INTERESTS. IN PROMULGATING SUCH
RULES, THE INTERSTATE COMMISSION MAY MAKE AVAILABLE TO  LAW  ENFORCEMENT
AGENCIES  RECORDS  AND INFORMATION OTHERWISE EXEMPT FROM DISCLOSURE, AND
MAY ENTER INTO AGREEMENTS WITH LAW ENFORCEMENT AGENCIES  TO  RECEIVE  OR
EXCHANGE  INFORMATION  OR RECORDS SUBJECT TO NONDISCLOSURE AND CONFIDEN-
TIALITY PROVISIONS.
  PUBLIC NOTICE SHALL BE GIVEN OF ALL MEETINGS AND ALL MEETINGS SHALL BE
OPEN TO THE PUBLIC, EXCEPT AS SET FORTH IN THE  RULES  OR  AS  OTHERWISE
PROVIDED  IN  THE  COMPACT.  THE  INTERSTATE COMMISSION SHALL PROMULGATE
RULES CONSISTENT WITH THE PRINCIPLES CONTAINED  IN  THE  "GOVERNMENT  IN
SUNSHINE  ACT,"  5  U.S.C. SECTION 552(B), AS MAY BE AMENDED. THE INTER-
STATE COMMISSION AND ANY OF ITS COMMITTEES MAY CLOSE A  MEETING  TO  THE
PUBLIC  WHERE  IT  DETERMINES  BY A TWO-THIRDS VOTE THAT AN OPEN MEETING
WOULD BE LIKELY TO:
  (A) RELATE SOLELY TO THE INTERSTATE  COMMISSION'S  INTERNAL  PERSONNEL
PRACTICES AND PROCEDURES;
  (B) DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY STATUTE;
  (C)  DISCLOSE  TRADE  SECRETS  OR  COMMERCIAL OR FINANCIAL INFORMATION
WHICH IS PRIVILEGED OR CONFIDENTIAL;
  (D) INVOLVE ACCUSING ANY PERSON OF A CRIME, OR FORMALLY CENSURING  ANY
PERSON;
  (E)  DISCLOSE  INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
  (F)  DISCLOSE  INVESTIGATORY  RECORDS  COMPILED  FOR  LAW  ENFORCEMENT
PURPOSES;
  (G) DISCLOSE INFORMATION CONTAINED IN OR RELATED TO EXAMINATION, OPER-
ATING  OR  CONDITION REPORTS PREPARED BY, OR ON BEHALF OF OR FOR THE USE
OF, THE INTERSTATE COMMISSION WITH RESPECT TO A REGULATED ENTITY FOR THE
PURPOSE OF REGULATION OR SUPERVISION OF SUCH ENTITY;
  (H) DISCLOSE INFORMATION, THE  PREMATURE  DISCLOSURE  OF  WHICH  WOULD
SIGNIFICANTLY  ENDANGER THE LIFE OF A PERSON OR THE STABILITY OF A REGU-
LATED ENTITY; OR
  (I) SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S ISSUANCE  OF  A
SUBPOENA, OR ITS PARTICIPATION IN A CIVIL ACTION OR PROCEEDING.
  FOR  EVERY  MEETING  CLOSED  PURSUANT  TO THIS ARTICLE, THE INTERSTATE
COMMISSION'S CHIEF LEGAL OFFICER SHALL PUBLICLY CERTIFY THAT, IN HIS  OR
HER  OPINION,  THE MEETING MAY BE CLOSED TO THE PUBLIC, AND SHALL REFER-
ENCE EACH RELEVANT EXEMPTIVE PROVISION. THE INTERSTATE COMMISSION  SHALL

S. 2812                            111                           A. 4012

KEEP  MINUTES  WHICH  SHALL  FULLY  AND  CLEARLY  DESCRIBE  ALL  MATTERS
DISCUSSED IN ANY MEETING AND SHALL PROVIDE A FULL AND  ACCURATE  SUMMARY
OF  ANY ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION
OF  EACH  OF  THE VIEWS EXPRESSED ON ANY ITEM AND THE RECORD OF ANY ROLL
CALL VOTE (REFLECTED IN THE VOTE OF EACH MEMBER ON  THE  QUESTION).  ALL
DOCUMENTS  CONSIDERED  IN CONNECTION WITH ANY ACTION SHALL BE IDENTIFIED
IN SUCH MINUTES.
  THE INTERSTATE COMMISSION SHALL COLLECT STANDARDIZED  DATA  CONCERNING
THE INTERSTATE MOVEMENT OF OFFENDERS AS DIRECTED THROUGH ITS BY-LAWS AND
RULES  WHICH  SHALL  SPECIFY  THE  DATA  TO  BE  COLLECTED, THE MEANS OF
COLLECTION AND DATA EXCHANGE AND REPORTING REQUIREMENTS.

                              ARTICLE VIII
            RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

  THE INTERSTATE COMMISSION SHALL PROMULGATE RULES IN  ORDER  TO  EFFEC-
TIVELY  AND  EFFICIENTLY  ACHIEVE  THE PURPOSES OF THE COMPACT INCLUDING
TRANSITION RULES GOVERNING ADMINISTRATION  OF  THE  COMPACT  DURING  THE
PERIOD IN WHICH IT IS BEING CONSIDERED AND ENACTED BY THE STATES.
  RULEMAKING  SHALL  OCCUR  PURSUANT  TO  THE CRITERIA SET FORTH IN THIS
ARTICLE AND THE BY-LAWS AND RULES ADOPTED PURSUANT THERETO.  SUCH  RULE-
MAKING  SHALL  SUBSTANTIALLY  CONFORM  TO  THE PRINCIPLES OF THE FEDERAL
ADMINISTRATIVE PROCEDURE ACT, 5 U.S.C.S. SECTION 551 ET  SEQ.,  AND  THE
FEDERAL ADVISORY COMMITTEE ACT, 5 U.S.C.S. APP. 2, SECTION 1 ET SEQ., AS
MAY BE AMENDED (HEREINAFTER REFERRED TO AS "APA").  ALL RULES AND AMEND-
MENTS  SHALL  BECOME  BINDING  AS  OF THE DATE SPECIFIED IN EACH RULE OR
AMENDMENT.
  IF A MAJORITY OF THE LEGISLATURES OF THE COMPACTING STATES  REJECTS  A
RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
ADOPT THE COMPACT, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT
IN ANY COMPACTING STATE.
  WHEN PROMULGATING A RULE, THE INTERSTATE COMMISSION SHALL:
  (A)  PUBLISH  THE PROPOSED RULE STATING WITH PARTICULARITY THE TEXT OF
THE RULE WHICH IS PROPOSED AND THE REASON FOR THE PROPOSED RULE;
  (B) ALLOW PERSONS TO SUBMIT WRITTEN DATA, FACTS,  OPINIONS  AND  ARGU-
MENTS, WHICH INFORMATION SHALL BE PUBLICLY AVAILABLE;
  (C) PROVIDE AN OPPORTUNITY FOR AN INFORMAL HEARING; AND
  (D)  PROMULGATE  A  FINAL RULE AND ITS EFFECTIVE DATE, IF APPROPRIATE,
BASED ON THE RULEMAKING RECORD.
  NOT LATER THAN SIXTY DAYS AFTER A RULE IS PROMULGATED, ANY  INTERESTED
PERSON  MAY  FILE A PETITION IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT WHERE  THE  INTER-
STATE COMMISSION PRINCIPAL OFFICE IS LOCATED FOR JUDICIAL REVIEW OF SUCH
RULE.  IF THE COURT FINDS THAT THE INTERSTATE COMMISSION'S ACTION IS NOT
SUPPORTED BY SUBSTANTIAL EVIDENCE, (AS DEFINED IN THE APA), IN THE RULE-
MAKING RECORD, THE COURT SHALL HOLD THE RULE UNLAWFUL AND SET IT  ASIDE.
SUBJECTS  TO  BE  ADDRESSED WITHIN TWELVE MONTHS AFTER THE FIRST MEETING
MUST AT A MINIMUM INCLUDE:
  1. NOTICE TO VICTIMS AND OPPORTUNITY TO BE HEARD;
  2. OFFENDER REGISTRATION AND COMPLIANCE;
  3. VIOLATIONS/RETURNS;
  4. TRANSFER PROCEDURES AND FORMS;
  5. ELIGIBILITY FOR TRANSFER;
  6. COLLECTION OF RESTITUTION AND FEES FROM OFFENDERS;
  7. DATA COLLECTION AND REPORTING;
  8. THE LEVEL OF SUPERVISION TO BE PROVIDED BY THE RECEIVING STATE;

S. 2812                            112                           A. 4012

  9. TRANSITION RULES GOVERNING THE OPERATION OF  THE  COMPACT  AND  THE
INTERSTATE  COMMISSION  DURING  ALL  OR  PART  OF THE PERIOD BETWEEN THE
EFFECTIVE DATE OF THE COMPACT AND THE DATE ON WHICH  THE  LAST  ELIGIBLE
STATE ADOPTS THE COMPACT; AND
  10. MEDIATION, ARBITRATION AND DISPUTE RESOLUTION.
  THE  EXISTING  RULES  GOVERNING  THE OPERATION OF THE PREVIOUS COMPACT
SUPERSEDED BY THIS COMPACT SHALL BE NULL AND VOID  TWELVE  MONTHS  AFTER
THE  FIRST MEETING OF THE INTERSTATE COMMISSION CREATED PURSUANT TO THIS
COMPACT.
  UPON DETERMINATION BY THE  INTERSTATE  COMMISSION  THAT  AN  EMERGENCY
EXISTS, IT MAY PROMULGATE AN EMERGENCY RULE WHICH SHALL BECOME EFFECTIVE
IMMEDIATELY UPON ADOPTION, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
PROVIDED  HEREUNDER  SHALL BE RETROACTIVELY APPLIED TO SAID RULE AS SOON
AS REASONABLY POSSIBLE, IN NO EVENT LATER THAN  NINETY  DAYS  AFTER  THE
EFFECTIVE DATE OF THE RULE.
                               ARTICLE IX
     OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE
                               COMMISSION
  (A)  OVERSIGHT. THE INTERSTATE COMMISSION SHALL OVERSEE THE INTERSTATE
MOVEMENT OF ADULT OFFENDERS IN THE COMPACTING STATES AND  SHALL  MONITOR
SUCH  ACTIVITIES  BEING  ADMINISTERED IN NON-COMPACTING STATES WHICH MAY
SIGNIFICANTLY AFFECT COMPACTING STATES.
  THE COURTS AND EXECUTIVE  AGENCIES  IN  EACH  COMPACTING  STATE  SHALL
ENFORCE  THIS COMPACT AND SHALL TAKE ALL ACTIONS NECESSARY AND APPROPRI-
ATE TO EFFECTUATE THE COMPACT'S PURPOSES AND INTENT. IN ANY JUDICIAL  OR
ADMINISTRATIVE  PROCEEDING  IN  A  COMPACTING  STATE  PERTAINING  TO THE
SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS, RESPONSIBIL-
ITIES OR ACTIONS OF THE INTERSTATE COMMISSION, THE INTERSTATE COMMISSION
SHALL BE ENTITLED TO RECEIVE ALL SERVICE OF PROCESS IN ANY SUCH PROCEED-
ING, AND SHALL HAVE STANDING TO INTERVENE  IN  THE  PROCEEDING  FOR  ALL
PURPOSES.
  (B)  DISPUTE  RESOLUTION.  THE  COMPACTING  STATES SHALL REPORT TO THE
INTERSTATE COMMISSION ON ISSUES OR ACTIVITIES OF CONCERN  TO  THEM,  AND
COOPERATE WITH AND SUPPORT THE INTERSTATE COMMISSION IN THE DISCHARGE OF
ITS DUTIES AND RESPONSIBILITIES.
  THE  INTERSTATE  COMMISSION  SHALL  ATTEMPT TO RESOLVE ANY DISPUTES OR
OTHER ISSUES WHICH ARE SUBJECT TO THE COMPACT AND WHICH MAY ARISE  AMONG
COMPACTING STATES AND NON-COMPACTING STATES.
  THE  INTERSTATE  COMMISSION  SHALL ENACT A BY-LAW OR PROMULGATE A RULE
PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR DISPUTES
AMONG THE COMPACTING STATES.
  (C) ENFORCEMENT. THE INTERSTATE COMMISSION, IN THE REASONABLE EXERCISE
OF ITS DISCRETION, SHALL ENFORCE THE PROVISIONS OF  THIS  COMPACT  USING
ANY  OR  ALL  MEANS  SET  FORTH IN ARTICLE XII, SUBDIVISION (B), OF THIS
COMPACT.
                                ARTICLE X
                                 FINANCE
  THE INTERSTATE COMMISSION SHALL PAY OR PROVIDE FOR THE PAYMENT OF  THE
REASONABLE  EXPENSES  OF  ITS  ESTABLISHMENT,  ORGANIZATION  AND ONGOING
ACTIVITIES.
  THE INTERSTATE COMMISSION SHALL LEVY ON AND COLLECT AN ANNUAL  ASSESS-
MENT  FROM EACH COMPACTING STATE TO COVER THE COST OF THE INTERNAL OPER-
ATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND ITS  STAFF  WHICH
MUST  BE  IN  A  TOTAL AMOUNT SUFFICIENT TO COVER THE INTERSTATE COMMIS-
SION'S ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE ANNUAL ASSESS-
MENT AMOUNT SHALL BE ALLOCATED BASED UPON A FORMULA TO BE DETERMINED  BY

S. 2812                            113                           A. 4012

THE  INTERSTATE  COMMISSION, TAKING INTO CONSIDERATION THE POPULATION OF
THE STATE AND THE VOLUME OF INTERSTATE MOVEMENT  OF  OFFENDERS  IN  EACH
COMPACTING  STATE  AND  SHALL  PROMULGATE A RULE BINDING UPON COMPACTING
STATES WHICH GOVERNS SAID ASSESSMENT.
  THE  INTERSTATE COMMISSION SHALL NOT INCUR ANY OBLIGATIONS OF ANY KIND
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE  SAME;  NOR  SHALL  THE
INTERSTATE COMMISSION PLEDGE THE CREDIT OF ANY OF THE COMPACTING STATES,
EXCEPT BY AND WITH THE AUTHORITY OF THE COMPACTING STATE.
  THE INTERSTATE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS
AND  DISBURSEMENTS.  THE  RECEIPTS  AND  DISBURSEMENTS OF THE INTERSTATE
COMMISSION SHALL BE SUBJECT  TO  THE  AUDIT  AND  ACCOUNTING  PROCEDURES
ESTABLISHED  UNDER  ITS BY-LAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS
OF FUNDS HANDLED BY THE INTERSTATE COMMISSION SHALL BE AUDITED YEARLY BY
A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT  OF  THE  AUDIT
SHALL  BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE INTER-
STATE COMMISSION.
                                ARTICLE XI
             COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
  ANY STATE, AS DEFINED IN ARTICLE II OF THIS COMPACT,  IS  ELIGIBLE  TO
BECOME  A COMPACTING STATE. THE COMPACT SHALL BECOME EFFECTIVE AND BIND-
ING UPON LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO  LESS  THAN
THIRTY-FIVE OF THE STATES. THE INITIAL EFFECTIVE DATE SHALL BE THE LATER
OF  JULY  FIRST,  TWO  THOUSAND THREE, OR UPON ENACTMENT INTO LAW BY THE
THIRTY-FIFTH JURISDICTION. THEREAFTER  IT  SHALL  BECOME  EFFECTIVE  AND
BINDING,  AS TO ANY OTHER COMPACTING STATE AND IN THE STATE OF NEW YORK,
UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE. THE  GOVERNORS  OF
NON-MEMBER  STATES  OR THEIR DESIGNEES WILL BE INVITED TO PARTICIPATE IN
INTERSTATE COMMISSION ACTIVITIES ON A NON-VOTING BASIS PRIOR TO ADOPTION
OF THE COMPACT BY ALL STATES AND TERRITORIES OF THE UNITED STATES.
  AMENDMENTS TO THE COMPACT MAY BE PROPOSED BY THE INTERSTATE COMMISSION
FOR ENACTMENT BY THE COMPACTING STATES. NO AMENDMENT SHALL BECOME EFFEC-
TIVE AND BINDING UPON  THE  INTERSTATE  COMMISSION  AND  THE  COMPACTING
STATES  UNLESS  AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF
THE COMPACTING STATES.
                               ARTICLE XII
        WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
  (A) WITHDRAWAL. ONCE EFFECTIVE, THE COMPACT SHALL  CONTINUE  IN  FORCE
AND  REMAIN BINDING UPON EACH AND EVERY COMPACTING STATE; PROVIDED, THAT
A COMPACTING STATE MAY WITHDRAW FROM THE COMPACT  ("WITHDRAWING  STATE")
BY  ENACTING  A STATUTE SPECIFICALLY REPEALING THE STATUTE WHICH ENACTED
THE COMPACT INTO LAW.
  THE EFFECTIVE DATE OF WITHDRAWAL IS THE EFFECTIVE DATE OF THE REPEAL.
  THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF  THE
INTERSTATE  COMMISSION  IN  WRITING UPON THE INTRODUCTION OF LEGISLATION
REPEALING THIS COMPACT IN THE WITHDRAWING STATE. THE INTERSTATE  COMMIS-
SION SHALL NOTIFY THE OTHER COMPACTING STATES OF THE WITHDRAWING STATE'S
INTENT TO WITHDRAW WITHIN SIXTY DAYS OF ITS RECEIPT THEREOF.
  THE  WITHDRAWING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS
AND LIABILITIES INCURRED  THROUGH  THE  EFFECTIVE  DATE  OF  WITHDRAWAL,
INCLUDING  ANY  OBLIGATIONS,  THE PERFORMANCE OF WHICH EXTEND BEYOND THE
EFFECTIVE DATE OF WITHDRAWAL. REINSTATEMENT FOLLOWING WITHDRAWAL OF  ANY
COMPACTING  STATE  SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE
COMPACT OR UPON SUCH LATER DATE AS DETERMINED BY THE INTERSTATE  COMMIS-
SION.
  (B) DEFAULT. IF THE INTERSTATE COMMISSION DETERMINES THAT ANY COMPACT-
ING STATE HAS AT ANY TIME DEFAULTED ("DEFAULTING STATE") IN THE PERFORM-

S. 2812                            114                           A. 4012

ANCES  OF ANY OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT,
THE BY-LAWS OR ANY DULY PROMULGATED RULES THE INTERSTATE COMMISSION  MAY
IMPOSE ANY OR ALL OF THE FOLLOWING PENALTIES:
  1.  FINES,  FEES AND COSTS IN SUCH AMOUNTS AS ARE DEEMED TO BE REASON-
ABLE AS FIXED BY THE INTERSTATE COMMISSION;
  2. REMEDIAL TRAINING AND  TECHNICAL  ASSISTANCE  AS  DIRECTED  BY  THE
INTERSTATE COMMISSION;
  3. SUSPENSION AND TERMINATION OF MEMBERSHIP IN THE COMPACT. SUSPENSION
SHALL  BE  IMPOSED  ONLY  AFTER  ALL  OTHER REASONABLE MEANS OF SECURING
COMPLIANCE UNDER THE BY-LAWS AND RULES HAVE  BEEN  EXHAUSTED.  IMMEDIATE
NOTICE  OF SUSPENSION SHALL BE GIVEN BY THE INTERSTATE COMMISSION TO THE
GOVERNOR, THE CHIEF JUSTICE OR CHIEF JUDICIAL OFFICER OF THE STATE,  THE
MAJORITY AND MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, AND
THE STATE COUNCIL.
  THE  GROUNDS FOR DEFAULT INCLUDE, BUT ARE NOT LIMITED TO, FAILURE OF A
COMPACTING STATE TO PERFORM SUCH OBLIGATIONS OR RESPONSIBILITIES IMPOSED
UPON IT BY THIS COMPACT, INTERSTATE COMMISSION BY-LAWS, OR DULY  PROMUL-
GATED  RULES.    THE  INTERSTATE COMMISSION SHALL IMMEDIATELY NOTIFY THE
DEFAULTING STATE IN WRITING OF THE PENALTY  IMPOSED  BY  THE  INTERSTATE
COMMISSION  ON  THE  DEFAULTING STATE PENDING A CURE OF THE DEFAULT. THE
INTERSTATE COMMISSION SHALL STIPULATE THE CONDITIONS AND THE TIME PERIOD
WITHIN WHICH THE DEFAULTING  STATE  MUST  CURE  ITS  DEFAULT.    IF  THE
DEFAULTING STATE FAILS TO CURE THE DEFAULT WITHIN THE TIME PERIOD SPECI-
FIED  BY  THE  INTERSTATE COMMISSION, IN ADDITION TO ANY OTHER PENALTIES
IMPOSED HEREIN, THE DEFAULTING STATE MAY BE TERMINATED FROM THE  COMPACT
UPON  AN AFFIRMATIVE VOTE OF A MAJORITY OF THE COMPACTING STATES AND ALL
RIGHTS, PRIVILEGES AND BENEFITS  CONFERRED  BY  THIS  COMPACT  SHALL  BE
TERMINATED  FROM  THE EFFECTIVE DATE OF SUSPENSION. WITHIN SIXTY DAYS OF
THE EFFECTIVE DATE OF TERMINATION OF A DEFAULTING STATE, THE  INTERSTATE
COMMISSION  SHALL  NOTIFY THE GOVERNOR, THE CHIEF JUSTICE OR CHIEF JUDI-
CIAL OFFICER, THE  MAJORITY  AND  MINORITY  LEADERS  OF  THE  DEFAULTING
STATE'S LEGISLATURE, AND THE STATE COUNCIL OF SUCH TERMINATION.
  THE  DEFAULTING  STATE IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS
AND LIABILITIES INCURRED  THROUGH  THE  EFFECTIVE  DATE  OF  TERMINATION
INCLUDING  ANY  OBLIGATIONS, THE PERFORMANCE OF WHICH EXTENDS BEYOND THE
EFFECTIVE DATE OF TERMINATION.
  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY  COSTS  RELATING  TO  THE
DEFAULTING  STATE  UNLESS  OTHERWISE  MUTUALLY  AGREED  UPON BETWEEN THE
INTERSTATE COMMISSION AND THE DEFAULTING STATE.
  REINSTATEMENT FOLLOWING TERMINATION OF ANY COMPACTING  STATE  REQUIRES
BOTH  A  REENACTMENT  OF  THE  COMPACT  BY  THE DEFAULTING STATE AND THE
APPROVAL OF THE INTERSTATE COMMISSION PURSUANT TO THE RULES.
  (C) JUDICIAL ENFORCEMENT. THE INTERSTATE COMMISSION MAY,  BY  MAJORITY
VOTE OF THE MEMBERS, INITIATE LEGAL ACTION IN THE UNITED STATES DISTRICT
COURT  FOR  THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION OF THE INTER-
STATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE  INTERSTATE  COMMIS-
SION  HAS  ITS  OFFICES TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT, ITS DULY PROMULGATED RULES AND BY-LAWS, AGAINST ANY  COMPACTING
STATE  IN  DEFAULT.  IN  THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING
REASONABLE ATTORNEYS' FEES.
  (D) DISSOLUTION OF COMPACT. THE COMPACT DISSOLVES EFFECTIVE  UPON  THE
DATE  OF THE WITHDRAWAL OR DEFAULT OF THE COMPACTING STATE WHICH REDUCES
MEMBERSHIP IN THE COMPACT TO ONE COMPACTING STATE.
  UPON THE DISSOLUTION OF THIS COMPACT, THE  COMPACT  BECOMES  NULL  AND
VOID  AND  SHALL  BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND

S. 2812                            115                           A. 4012

AFFAIRS OF THE INTERSTATE COMMISSION SHALL BE WOUND UP AND  ANY  SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BY-LAWS.
                              ARTICLE XIII
                      SEVERABILITY AND CONSTRUCTION
  THE  PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION IS  DEEMED  UNENFORCEABLE,  THE  REMAINING
PROVISIONS OF THE COMPACT SHALL BE ENFORCEABLE.
  THE  PROVISIONS  OF  THIS  COMPACT  SHALL  BE LIBERALLY CONSTRUCTED TO
EFFECTUATE ITS PURPOSES.
                               ARTICLE XIV
                BINDING EFFECT OF COMPACT AND OTHER LAWS
  (A) OTHER LAWS. NOTHING IN THIS COMPACT PREVENTS  THE  ENFORCEMENT  OF
ANY  OTHER  LAW OF A COMPACTING STATE THAT IS NOT INCONSISTENT WITH THIS
COMPACT.
  ALL COMPACTING STATES' LAWS CONFLICTING WITH THIS COMPACT  ARE  SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
  (B)  BINDING  EFFECT  OF THE COMPACT. ALL LAWFUL ACTIONS OF THE INTER-
STATE COMMISSION, INCLUDING ALL RULES AND  BY-LAWS  PROMULGATED  BY  THE
INTERSTATE COMMISSION, ARE BINDING UPON THE COMPACTING STATES.
  ALL  AGREEMENTS  BETWEEN  THE INTERSTATE COMMISSION AND THE COMPACTING
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
  UPON THE REQUEST OF A PARTY TO A CONFLICT OVER MEANING OR  INTERPRETA-
TION  OF  INTERSTATE COMMISSION ACTIONS, AND UPON A MAJORITY VOTE OF THE
COMPACTING STATES, THE INTERSTATE COMMISSION MAY ISSUE ADVISORY OPINIONS
REGARDING SUCH MEANING OR INTERPRETATION.
  IN THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE  CONSTITUTIONAL
LIMITS  IMPOSED  ON  THE  LEGISLATURE OF ANY COMPACTING STATE, THE OBLI-
GATIONS, DUTIES, POWERS OR JURISDICTION SOUGHT TO BE CONFERRED  BY  SUCH
PROVISION  UPON  THE INTERSTATE COMMISSION SHALL BE INEFFECTIVE AND SUCH
OBLIGATIONS, DUTIES, POWERS OR JURISDICTION SHALL REMAIN IN THE COMPACT-
ING STATE AND SHALL BE EXERCISED BY THE AGENCY  THEREOF  TO  WHICH  SUCH
OBLIGATIONS,  DUTIES,  POWERS  OR  JURISDICTION  ARE DELEGATED BY LAW IN
EFFECT AT THE TIME THIS COMPACT BECOMES EFFECTIVE.
  S 212. INTERSTATE HEARING FOR PAROLE VIOLATION. 1. FOR THE PURPOSES OF
THIS SECTION, "PRELIMINARY VIOLATION HEARING" MEANS A HEARING TO  DETER-
MINE  WHETHER  THERE  ARE  REASONABLE  GROUNDS  TO BELIEVE THAT A PERSON
RELEASED ON PAROLE HAS VIOLATED THE CONDITIONS OF HIS OR HER PAROLE.
  2. WHENEVER THERE  IS  REASONABLE  CAUSE  TO  BELIEVE  THAT  A  PERSON
RELEASED  ON  PAROLE IN ANOTHER STATE, BUT UNDER THE SUPERVISION OF THIS
STATE PURSUANT TO SECTION TWO HUNDRED TEN OF THIS ARTICLE  HAS  VIOLATED
THE  CONDITIONS  THEREOF, A HEARING OFFICER OR DESIGNEE, UPON REQUEST OF
THE SENDING STATE, MAY CONDUCT A PRELIMINARY  VIOLATION  HEARING  UNLESS
SUCH HEARING IS WAIVED BY THE PAROLEE.
  3.  WHENEVER  THERE  IS  REASONABLE  CAUSE  TO  BELIEVE  THAT A PERSON
RELEASED ON PAROLE IN THIS STATE, BUT UNDER THE  PAROLE  SUPERVISION  OF
ANOTHER  STATE  PURSUANT  TO SECTION TWO HUNDRED TEN OF THIS ARTICLE HAS
VIOLATED THE CONDITIONS THEREOF, ANY  PERSON  DULY  AUTHORIZED  IN  SUCH
OTHER  STATE  TO CONDUCT PRELIMINARY VIOLATION HEARINGS, UPON REQUEST OF
THE COMMISSIONER, MAY CONDUCT  SUCH  HEARING,  UNLESS  SUCH  HEARING  IS
WAIVED  BY THE PAROLEE. THE PRELIMINARY VIOLATION HEARING AND THE DETER-
MINATIONS MADE THEREAT SHALL HAVE THE SAME FORCE AND EFFECT AS A PRELIM-
INARY VIOLATION HEARING CONDUCTED IN THIS STATE BY THE DEPARTMENT.
  4. WHENEVER A PRELIMINARY VIOLATION HEARING IS  CONDUCTED  IN  ANOTHER
STATE  PURSUANT TO THIS SECTION, THE ALLEGED VIOLATOR MUST BE AFFORDED A
FINAL HEARING WITHIN NINETY DAYS FROM THE DATE OF HIS OR HER  RETURN  TO
THIS STATE.

S. 2812                            116                           A. 4012

  S  213.  DEPUTIZATION  OF OUT-OF-STATE OFFICERS.   THE COMMISSIONER IS
HEREBY AUTHORIZED AND EMPOWERED TO DEPUTIZE ANY PAROLE OFFICER OR  PEACE
OFFICER OF ANOTHER STATE TO ACT AS AN OFFICER AND AGENT OF THIS STATE IN
EFFECTING THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS AND CONDI-
TIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  ANY  DEPUTIZATION PURSUANT TO THIS SECTION SHALL BE IN WRITING AND ANY
PERSON AUTHORIZED TO ACT AS AN AGENT OF THIS STATE PURSUANT HERETO SHALL
CARRY FORMAL EVIDENCE OF HIS OR HER DEPUTIZATION AND SHALL  PRODUCE  THE
SAME UPON DEMAND.
  THE  COMMISSIONER IS HEREBY AUTHORIZED, SUBJECT TO THE APPROVAL OF THE
COMPTROLLER, TO ENTER INTO CONTRACTS WITH SIMILAR OFFICIALS OF ANY OTHER
STATE OR STATES FOR THE PURPOSE OF SHARING AN EQUITABLE PORTION  OF  THE
COST  OF  EFFECTING  THE RETURN OF ANY PERSON WHO HAS VIOLATED THE TERMS
AND CONDITIONS OF PAROLE OR PROBATION AS GRANTED BY THIS STATE.
  S 33. Section 202 of the correction law, as added by  section  thirty-
two of this act, is amended to read as follows:
  S 202. Conditions of release; generally. The department shall have the
power  and  duty  of determining the conditions of release of the person
who may be released to community supervision under an  indeterminate  or
determinate  sentence  of imprisonment AND OF DETERMINING THE CONDITIONS
OF SUPERVISION FOR INMATES SERVING A DEFINITE SENTENCE  OF  IMPRISONMENT
WHO  MAY BE CONDITIONALLY RELEASED BY THE STATE BOARD OF PAROLE PURSUANT
TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW.
  S 34. Subdivision 5 of section 205 of the correction law, as added  by
section  thirty-two of this act, is REPEALED, and a new subdivision 5 is
added to read as follows:
  5. IF A FINDING OF PROBABLE CAUSE IS MADE PURSUANT TO THIS SUBDIVISION
EITHER BY DETERMINATION AT A PRELIMINARY HEARING OR BY THE WAIVER THERE-
OF, OR IF THE RELEASEE HAS BEEN CONVICTED OF A  NEW  CRIME  WHILE  UNDER
COMMUNITY  SUPERVISION,  THE  DEPARTMENT'S  RULES  SHALL PROVIDE FOR (A)
DECLARING SUCH PERSON TO BE DELINQUENT AS SOON AS PRACTICABLE AND  SHALL
REQUIRE  REASONABLE AND APPROPRIATE ACTION TO MAKE A FINAL DETERMINATION
WITH RESPECT TO THE ALLEGED VIOLATION OR (B) ORDERING SUCH PERSON TO  BE
RESTORED  TO  COMMUNITY  SUPERVISION  UNDER SUCH CIRCUMSTANCES AS IT MAY
DEEM APPROPRIATE OR (C) WHEN A PERSON ON COMMUNITY SUPERVISION HAS  BEEN
CONVICTED  OF  A  NEW  FELONY COMMITTED WHILE UNDER HIS OR HER COMMUNITY
SUPERVISION AND A NEW  INDETERMINATE  SENTENCE  HAS  BEEN  IMPOSED,  THE
DEPARTMENT'S RULES SHALL PROVIDE FOR A FINAL DECLARATION OF DELINQUENCY.
THE INMATE SHALL THEN BE NOTIFIED IN WRITING THAT HIS OR HER RELEASE HAS
BEEN  REVOKED  ON  THE  BASIS  OF  THE  NEW CONVICTION AND A COPY OF THE
COMMITMENT SHALL ACCOMPANY SAID NOTIFICATION. THE INMATE'S NEXT  APPEAR-
ANCE  BEFORE  THE  STATE  BOARD OF PAROLE SHALL BE GOVERNED BY THE LEGAL
REQUIREMENTS OF SAID NEW INDETERMINATE SENTENCE, OR SHALL OCCUR AS  SOON
AFTER A FINAL REVERSAL OF THE CONVICTION AS IS PRACTICABLE.
  S  35. Subdivision 5 of section 400 of the correction law, as added by
chapter 766 of the laws of 1976, is amended to read as follows:
  (5) "Inmate" means a person committed to the custody of the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION,  or  a
person convicted of a crime and committed to the custody of the sheriff,
the county jail, or a local department of correction.
  S  36. Subparagraph 3 of paragraph c of subdivision 7 of section 500-b
of the correction law, as amended by chapter 574 of the laws of 1985, is
amended to read as follows:
  (3) records, to the extent relevant and known to the chief administra-
tive officer, maintained by the department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  and/or  any local correctional

S. 2812                            117                           A. 4012

facility in this state and which are accessible  and  available  to  the
chief administrative officer; and
  S 37. Article 12-B of the executive law is REPEALED.
  S  38.  The  executive  law is amended by adding a new article 12-B to
read as follows:
                              ARTICLE 12-B
                          STATE BOARD OF PAROLE
SECTION 259.   BOARD OF PAROLE; ORGANIZATION.
        259-A. BOARD OF PAROLE; FUNCTIONS, POWERS AND DUTIES.
        259-B. PROCEDURES FOR THE CONDUCT OF THE WORK OF THE STATE BOARD
                 OF PAROLE.
        259-C. DISCHARGE OF SENTENCE.
        259-D. ACCESS TO INSTITUTIONS.
        259-E. RELEASE ON MEDICAL PAROLE FOR TERMINALLY ILL INMATES.
        259-F. RELEASE ON MEDICAL  PAROLE  FOR  INMATES  SUFFERING  FROM
                 SIGNIFICANT DEBILITATING ILLNESSES.
  S 259. BOARD OF PAROLE; ORGANIZATION. 1. THERE SHALL BE IN THE DEPART-
MENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION A STATE BOARD OF PAROLE,
WHICH SHALL POSSESS THE POWERS AND  DUTIES  HEREINAFTER  SPECIFIED.  THE
BOARD  SHALL  FUNCTION  INDEPENDENTLY OF THE DEPARTMENT REGARDING ALL OF
ITS DECISION MAKING FUNCTIONS, AS WELL AS ANY OTHER  POWERS  AND  DUTIES
SPECIFIED IN THIS ARTICLE; PROVIDED, HOWEVER, THAT THE BOARD SHALL OPER-
ATE   UNDER   THE   ADMINISTRATIVE  SUPERVISION  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION AND MEMBERS  OF  THE  BOARD  SHALL
ABIDE  BY ALL ADMINISTRATIVE POLICIES, PROCEDURES AND REGULATIONS OF THE
DEPARTMENT.
  2. SUCH  BOARD  SHALL  CONSIST  OF  NOT  MORE  THAN  THIRTEEN  MEMBERS
APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. THE
TERM  OF  OFFICE  OF  EACH  MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS;
PROVIDED, HOWEVER, THAT ANY MEMBER CHOSEN TO FILL  A  VACANCY  OCCURRING
OTHERWISE  THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAIN-
DER OF THE UNEXPIRED TERM OF THE MEMBER WHOM HE OR SHE IS TO SUCCEED. IN
THE EVENT OF THE INABILITY TO  ACT  OF  ANY  MEMBER,  THE  GOVERNOR  MAY
APPOINT SOME COMPETENT INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING
THE CONTINUANCE OF SUCH DISABILITY.
  3.  EACH  MEMBER OF THE BOARD SHALL HAVE BEEN AWARDED A DEGREE FROM AN
ACCREDITED FOUR-YEAR COLLEGE OR UNIVERSITY OR  A  GRADUATE  DEGREE  FROM
SUCH  COLLEGE OR UNIVERSITY OR ACCREDITED GRADUATE SCHOOL AND SHALL HAVE
HAD AT LEAST FIVE YEARS OF EXPERIENCE IN ONE OR MORE OF  THE  FIELDS  OF
CRIMINOLOGY,  ADMINISTRATION OF CRIMINAL JUSTICE, LAW ENFORCEMENT, SOCI-
OLOGY, LAW, SOCIAL WORK, CORRECTIONS, PSYCHOLOGY,  PSYCHIATRY  OR  MEDI-
CINE.
  4.  THE  GOVERNOR  SHALL  DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS
CHAIRMAN TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR
UNTIL  THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
  5. THE MEMBERS OF THE STATE BOARD OF PAROLE SHALL NOT HOLD  ANY  OTHER
PUBLIC  OFFICE;  NOR  SHALL  THEY,  AT ANY TIME OF THEIR APPOINTMENT NOR
DURING THEIR INCUMBENCY, SERVE AS  A  REPRESENTATIVE  OF  ANY  POLITICAL
PARTY  ON AN EXECUTIVE COMMITTEE OR OTHER GOVERNING BODY THEREOF, NOR AS
AN EXECUTIVE OFFICER OR EMPLOYEE OF ANY POLITICAL  COMMITTEE,  ORGANIZA-
TION OR ASSOCIATION.
  6.  EACH  MEMBER OF THE STATE BOARD OF PAROLE SHALL RECEIVE FOR HIS OR
HER SERVICES AN ANNUAL SALARY TO BE FIXED BY  THE  GOVERNOR  WITHIN  THE
AMOUNT  APPROPRIATED  THEREFOR.  EACH  MEMBER  OF  SUCH BOARD SHALL ALSO

S. 2812                            118                           A. 4012

RECEIVE HIS OR HER NECESSARY EXPENSES ACTUALLY INCURRED IN THE DISCHARGE
OF HIS OR HER DUTIES.
  7.  ANY  MEMBER  OF  THE  STATE  BOARD OF PAROLE MAY BE REMOVED BY THE
GOVERNOR FOR CAUSE AFTER AN OPPORTUNITY TO BE HEARD.
  8. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE STATE  BOARD
OF  PAROLE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS
OF THE BOARD.
  S 259-A. BOARD OF PAROLE; FUNCTIONS, POWERS AND  DUTIES.    THE  STATE
BOARD OF PAROLE SHALL:
  1.  HAVE  THE  POWER  AND DUTY OF DETERMINING WHICH INMATES SERVING AN
INDETERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT MAY BE RELEASED ON
PAROLE,  OR  ON  MEDICAL  PAROLE  PURSUANT  TO   SECTION   TWO   HUNDRED
FIFTY-NINE-E OR SECTION TWO HUNDRED FIFTY-NINE-F OF THIS ARTICLE;
  2.  HAVE  THE  POWER  AND DUTY TO IMPOSE CERTAIN CONDITIONS OF MEDICAL
PAROLE WHEN AN INMATE IS RELEASED ON MEDICAL PAROLE PURSUANT TO  SECTION
TWO  HUNDRED  FIFTY-NINE-E  OR  SECTION TWO HUNDRED FIFTY-NINE-F OF THIS
ARTICLE;
  3. UTILIZE WRITTEN PROCEDURES IN MAKING PAROLE DECISIONS  AS  REQUIRED
BY  LAW. SUCH WRITTEN PROCEDURES MAY CONSIST OF A RISK AND NEEDS ASSESS-
MENT INSTRUMENT THAT ASSISTS MEMBERS OF THE STATE  BOARD  OF  PAROLE  IN
DETERMINING  WHICH  INMATES ARE APPROPRIATE FOR RELEASE TO PAROLE SUPER-
VISION;
  4. HAVE THE AUTHORITY TO MAKE RECOMMENDATIONS  TO  THE  GOVERNOR  WITH
RESPECT  TO  INMATES  UNDER  CONSIDERATION BY THE GOVERNOR FOR PARDON OR
COMMUTATION OF SENTENCE;
  5. MAKE RULES FOR THE CONDUCT OF ITS WORK, A COPY OF SUCH RULES AND OF
ANY AMENDMENTS THERETO TO BE FILED BY THE CHAIRMAN WITH THE SECRETARY OF
STATE;
  6. TRANSMIT A REPORT OF THE WORK OF THE STATE BOARD OF PAROLE FOR  THE
PRECEDING  CALENDAR  YEAR  TO THE GOVERNOR AND THE LEGISLATURE ANNUALLY;
AND
  7. DETERMINE WHICH INMATES SERVING A DEFINITE SENTENCE OF IMPRISONMENT
MAY BE CONDITIONALLY RELEASED FROM AN INSTITUTION IN WHICH HE OR SHE  IS
CONFINED  IN  ACCORDANCE  WITH  SUBDIVISION  TWO OF SECTION 70.40 OF THE
PENAL LAW. THE OFFICIAL IN CHARGE OF EACH INSTITUTION WHEREIN ANY PERSON
IS CONFINED UNDER A DEFINITE SENTENCE OF IMPRISONMENT, ALL OFFICERS  AND
EMPLOYEES  THEREOF  AND  ALL  OTHER  PUBLIC OFFICIALS SHALL AT ALL TIMES
COOPERATE WITH THE BOARD OF PAROLE, AND SHALL FURNISH TO SUCH BOARD SUCH
INFORMATION AS MAY BE REQUIRED BY THE BOARD  TO  PERFORM  ITS  FUNCTIONS
HEREUNDER.  THE  MEMBERS  OF  THE BOARD SHALL AT ALL TIMES BE GIVEN FREE
ACCESS TO ALL PERSONS CONFINED  IN  ANY  SUCH  INSTITUTIONS  UNDER  SUCH
SENTENCES  AND SHALL BE FURNISHED WITH APPROPRIATE WORKING SPACE IN SUCH
INSTITUTIONS FOR SUCH PURPOSE WITHOUT CHARGE THEREFOR. IT SHALL  BE  THE
DUTY  OF  THE  CLERK OF THE COURT, THE COMMISSIONER OF MENTAL HEALTH AND
ALL PROBATION OFFICERS AND OTHER  APPROPRIATE  OFFICIALS  TO  SEND  SUCH
INFORMATION  AS MAY BE IN THEIR POSSESSION OR UNDER THEIR CONTROL TO THE
CHAIRMAN OF THE BOARD OF PAROLE UPON REQUEST IN ORDER TO FACILITATE  THE
WORK OF THE BOARD.
  S  259-B. PROCEDURES FOR THE CONDUCT OF THE WORK OF THE STATE BOARD OF
PAROLE.  1. MINIMUM PERIODS OF IMPRISONMENT. FOR ANY INMATES WHOSE MINI-
MUM PERIOD OF IMPRISONMENT WAS FIXED BY THE BOARD, THE BOARD MAY PROVIDE
BY RULE FOR THE MAKING OF SUBSEQUENT DETERMINATIONS REDUCING SUCH  MINI-
MUM PERIOD THAT SHALL NOT BE REDUCED TO LESS THAN ONE YEAR. NOTIFICATION
OF  SUCH  DETERMINATION  AND OF ANY SUBSEQUENT DETERMINATIONS AND OF THE
REASONS THEREFOR SHALL BE FURNISHED IN WRITING TO THE  SENTENCED  PERSON

S. 2812                            119                           A. 4012

AND  TO  THE PERSON IN CHARGE OF THE INSTITUTION AS SOON AS PRACTICABLE.
SUCH REASONS SHALL BE GIVEN IN DETAIL AND NOT IN CONCLUSORY TERMS.
  2.  PAROLE.  (A)(I)  EXCEPT  AS  PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AT LEAST ONE MONTH PRIOR TO THE DATE ON WHICH AN  INMATE  MAY
BE  PAROLED  PURSUANT  TO  SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL
LAW, A MEMBER OR MEMBERS AS DETERMINED BY THE RULES OF THE  BOARD  SHALL
PERSONALLY  INTERVIEW SUCH INMATE AND DETERMINE WHETHER HE OR SHE SHOULD
BE PAROLED IN ACCORDANCE WITH THIS ARTICLE. IF  PAROLE  IS  NOT  GRANTED
UPON  SUCH  REVIEW,  THE  INMATE SHALL BE INFORMED IN WRITING WITHIN TWO
WEEKS OF SUCH APPEARANCE OF THE REASONS FOR SUCH DENIAL OF PAROLE.  SUCH
REASONS  SHALL BE GIVEN IN DETAIL AND NOT IN CONCLUSORY TERMS. THE BOARD
SHALL SPECIFY A DATE NOT MORE THAN TWENTY-FOUR MONTHS FROM SUCH DETERMI-
NATION FOR RECONSIDERATION, AND  THE  PROCEDURES  TO  BE  FOLLOWED  UPON
RECONSIDERATION  SHALL BE THE SAME. IF THE INMATE IS RELEASED, HE OR SHE
SHALL BE GIVEN A COPY OF THE CONDITIONS OF COMMUNITY SUPERVISION BY  THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (II)  ANY  INMATE WHO IS SCHEDULED FOR PRESUMPTIVE RELEASE PURSUANT TO
SECTION EIGHT HUNDRED SIX OF THE CORRECTION LAW SHALL NOT APPEAR  BEFORE
THE  PAROLE  BOARD  AS  PROVIDED  IN SUBPARAGRAPH (I) OF THIS PARAGRAPH,
UNLESS  SUCH  INMATE'S  SCHEDULED  PRESUMPTIVE  RELEASE  IS   FORFEITED,
CANCELED,  OR  RESCINDED  SUBSEQUENTLY  AS PROVIDED IN SUCH LAW. IN SUCH
EVENT, THE INMATE SHALL APPEAR  BEFORE  THE  PAROLE  BOARD  FOR  RELEASE
CONSIDERATION  AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AS SOON
THEREAFTER AS IS PRACTICABLE.
  (B) PERSONS PAROLED FROM AN INSTITUTION UNDER THE JURISDICTION OF  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  THE OFFICE OF
MENTAL HEALTH OR THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL, WHILE
ON PAROLE, BE UNDER THE JURISDICTION OF THE  DEPARTMENT  OF  CORRECTIONS
AND COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD
OF SENTENCE, INCLUDING ANY PERIOD OF POST-RELEASE SUPERVISION, OR RETURN
TO  THE  CUSTODY  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (C) DISCRETIONARY RELEASE ON PAROLE SHALL NOT BE GRANTED MERELY  AS  A
REWARD  FOR  GOOD  CONDUCT  OR  EFFICIENT  PERFORMANCE  OF  DUTIES WHILE
CONFINED, BUT AFTER CONSIDERING IF THERE  IS  A  REASONABLE  PROBABILITY
THAT,  IF  SUCH  INMATE  IS  RELEASED, HE OR SHE WILL LIVE AND REMAIN AT
LIBERTY WITHOUT VIOLATING THE LAW, AND THAT HIS OR HER  RELEASE  IS  NOT
INCOMPATIBLE  WITH  THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE
SERIOUSNESS OF HIS OR HER CRIME AS TO UNDERMINE RESPECT FOR THE LAW.  IN
MAKING  THE  PAROLE RELEASE DECISION, THE FOLLOWING SHALL BE CONSIDERED:
(I) THE SERIOUSNESS OF THE OFFENSE WITH DUE CONSIDERATION  TO  THE  TYPE
AND  LENGTH  OF  SENTENCE; (II) RECOMMENDATIONS OF THE SENTENCING COURT,
THE DISTRICT ATTORNEY, AND  THE  ATTORNEY  FOR  THE  INMATE;  (III)  THE
PRE-SENTENCE  PROBATION REPORT, AS WELL AS CONSIDERATION OF ANY MITIGAT-
ING AND AGGRAVATING FACTORS AND ACTIVITIES FOLLOWING ARREST AND PRIOR TO
CONFINEMENT; (IV)  PRIOR  CRIMINAL  RECORD,  INCLUDING  THE  NATURE  AND
PATTERN  OF  OFFENSES,  ADJUSTMENT  TO  ANY PREVIOUS PROBATION OR PAROLE
SUPERVISION AND INSTITUTIONAL CONFINEMENT; (V) THE INSTITUTIONAL  RECORD
INCLUDING  PROGRAM  GOALS  AND  ACCOMPLISHMENTS,  ACADEMIC ACHIEVEMENTS,
VOCATIONAL EDUCATION, TRAINING OR WORK ASSIGNMENTS, THERAPY  AND  INTER-
ACTIONS  WITH  STAFF AND INMATES; (VI) PERFORMANCE, IF ANY, AS A PARTIC-
IPANT IN A TEMPORARY RELEASE  PROGRAM;  (VII)  RELEASE  PLANS  INCLUDING
COMMUNITY   RESOURCES,   EMPLOYMENT,  EDUCATION,  TRAINING  AND  SUPPORT
SERVICES AVAILABLE TO THE INMATE; (VIII) ANY DEPORTATION ORDER ISSUED BY
THE FEDERAL GOVERNMENT AGAINST THE INMATE WHILE IN THE  CUSTODY  OF  THE
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION AND ANY RECOMMENDA-

S. 2812                            120                           A. 4012

TION REGARDING DEPORTATION MADE BY THE COMMISSIONER OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO  SECTION  ONE  HUNDRED
FORTY-SEVEN  OF THE CORRECTION LAW; (IX) ANY STATEMENT MADE TO THE BOARD
BY  THE  CRIME  VICTIM  OR  THE VICTIM'S REPRESENTATIVE, WHERE THE CRIME
VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPACITATED;  AND  (X)
THE  LENGTH  OF  THE  DETERMINATE  SENTENCE TO WHICH THE INMATE WOULD BE
SUBJECT HAD HE OR SHE RECEIVED A SENTENCE PURSUANT TO SECTION  70.70  OR
SECTION  70.71  OF  THE  PENAL  LAW  FOR A FELONY DEFINED IN ARTICLE TWO
HUNDRED TWENTY OR ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
  (D) IN THE CASE OF AN ORAL STATEMENT MADE IN ACCORDANCE WITH  SUBDIVI-
SION  ONE  OF  SECTION  440.50 OF THE CRIMINAL PROCEDURE LAW, THE PAROLE
BOARD MEMBER SHALL PRESENT A WRITTEN REPORT  OF  THE  STATEMENT  TO  THE
PAROLE  BOARD.  A  CRIME  VICTIM'S  REPRESENTATIVE  SHALL MEAN THE CRIME
VICTIM'S CLOSEST SURVIVING RELATIVE, THE COMMITTEE OR GUARDIAN  OF  SUCH
PERSON,  OR  THE LEGAL REPRESENTATIVE OF ANY SUCH PERSON. SUCH STATEMENT
SUBMITTED BY THE VICTIM OR VICTIM'S REPRESENTATIVE MAY INCLUDE  INFORMA-
TION  CONCERNING  THREATENING OR INTIMIDATING CONDUCT TOWARD THE VICTIM,
THE VICTIM'S REPRESENTATIVE, OR THE VICTIM'S FAMILY, MADE BY THE  PERSON
SENTENCED  AND  OCCURRING  AFTER  THE  SENTENCING.  SUCH INFORMATION MAY
INCLUDE, BUT NEED NOT BE LIMITED TO,  THE  THREATENING  OR  INTIMIDATING
CONDUCT  OF  ANY  OTHER  PERSON  WHO  OR WHICH IS DIRECTED BY THE PERSON
SENTENCED.  WHERE A CRIME VICTIM OR  VICTIM'S  REPRESENTATIVE  OR  OTHER
PERSON  SUBMITS  TO  THE PAROLE BOARD A WRITTEN STATEMENT CONCERNING THE
RELEASE OF AN INMATE, THE PAROLE BOARD SHALL KEEP THAT INDIVIDUAL'S NAME
AND ADDRESS CONFIDENTIAL.  THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
SUPERVISION SHALL PROVIDE TOLL FREE TELEPHONE ACCESS FOR CRIME VICTIMS.
  (E) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B), (C) AND
(D)  OF THIS SUBDIVISION, AFTER THE INMATE HAS SERVED HIS OR HER MINIMUM
PERIOD OF IMPRISONMENT IMPOSED BY THE COURT, OR AT ANY  TIME  AFTER  THE
INMATE'S  PERIOD  OF  IMPRISONMENT HAS COMMENCED FOR AN INMATE SERVING A
DETERMINATE OR INDETERMINATE TERM OF  IMPRISONMENT,  PROVIDED  THAT  THE
INMATE  HAS  HAD  A FINAL ORDER OF DEPORTATION ISSUED AGAINST HIM OR HER
AND PROVIDED FURTHER THAT THE INMATE IS NOT CONVICTED OF EITHER  AN  A-I
FELONY  OFFENSE  OTHER  THAN AN A-I FELONY OFFENSE AS DEFINED IN ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW  OR  A  VIOLENT  FELONY  OFFENSE  AS
DEFINED  IN  SECTION 70.02 OF THE PENAL LAW, IF THE INMATE IS SUBJECT TO
DEPORTATION BY THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, IN
ADDITION TO THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION,
THE BOARD MAY CONSIDER, AS A FACTOR WARRANTING EARLIER RELEASE, THE FACT
THAT SUCH INMATE WILL BE DEPORTED, AND MAY GRANT PAROLE FROM AN INDETER-
MINATE SENTENCE OR RELEASE FOR DEPORTATION FROM A  DETERMINATE  SENTENCE
TO  SUCH  INMATE  CONDITIONED SPECIFICALLY ON HIS OR HER PROMPT DEPORTA-
TION. THE BOARD MAY MAKE SUCH CONDITIONAL GRANT OF EARLY PAROLE FROM  AN
INDETERMINATE  SENTENCE  OR  RELEASE  FOR DEPORTATION FROM A DETERMINATE
SENTENCE ONLY WHERE IT HAS RECEIVED FROM THE UNITED  STATES  IMMIGRATION
AND  CUSTOMS ENFORCEMENT ASSURANCE (A) THAT AN ORDER OF DEPORTATION WILL
BE EXECUTED OR THAT PROCEEDINGS  WILL  PROMPTLY  BE  COMMENCED  FOR  THE
PURPOSE  OF  DEPORTATION  UPON RELEASE OF THE INMATE FROM THE CUSTODY OF
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,  AND  (B)  THAT
THE  INMATE,  IF  GRANTED  PAROLE OR RELEASE FOR DEPORTATION PURSUANT TO
THIS PARAGRAPH, WILL NOT BE RELEASED FROM  THE  CUSTODY  OF  THE  UNITED
STATES  IMMIGRATION AND CUSTOMS ENFORCEMENT, UNLESS SUCH RELEASE BE AS A
RESULT OF DEPORTATION, WITHOUT PROVIDING THE DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION  A  REASONABLE  OPPORTUNITY  TO  ARRANGE FOR
EXECUTION OF ITS WARRANT FOR THE RETAKING OF SUCH PERSON.

S. 2812                            121                           A. 4012

  (II) AN INMATE WHO HAS  BEEN  GRANTED  PAROLE  FROM  AN  INDETERMINATE
SENTENCE OR RELEASE FOR DEPORTATION FROM A DETERMINATE SENTENCE PURSUANT
TO THIS PARAGRAPH SHALL BE DELIVERED TO THE CUSTODY OF THE UNITED STATES
IMMIGRATION  AND CUSTOMS ENFORCEMENT ALONG WITH A WARRANT FOR HIS OR HER
RETAKING  TO  BE  EXECUTED  IN THE EVENT OF HIS OR HER RELEASE FROM SUCH
CUSTODY OTHER THAN BY DEPORTATION. IN THE EVENT THAT SUCH PERSON IS  NOT
DEPORTED,  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL
EXECUTE THE WARRANT, EFFECT HIS OR HER RETURN  TO  THE  CUSTODY  OF  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION AND WITHIN SIXTY
DAYS AFTER SUCH RETURN, PROVIDED THAT THE PERSON IS SERVING AN  INDETER-
MINATE  SENTENCE AND THE MINIMUM PERIOD OF IMPRISONMENT HAS BEEN SERVED,
THE BOARD OF PAROLE SHALL PERSONALLY INTERVIEW HIM OR HER  TO  DETERMINE
WHETHER HE OR SHE SHOULD BE PAROLED IN ACCORDANCE WITH THE PROVISIONS OF
PARAGRAPHS  (A),  (B),  (C) AND (D) OF THIS SUBDIVISION. THE RETURN OF A
PERSON GRANTED PAROLE FROM AN  INDETERMINATE  SENTENCE  OR  RELEASE  FOR
DEPORTATION  FROM  A DETERMINATE SENTENCE PURSUANT TO THIS PARAGRAPH FOR
THE REASON SET FORTH HEREIN SHALL NOT BE DEEMED TO BE  A  PAROLE  DELIN-
QUENCY  AND  THE INTERRUPTIONS SPECIFIED IN SUBDIVISION THREE OF SECTION
70.40 OF THE PENAL LAW SHALL NOT APPLY, BUT THE TIME SPENT IN THE CUSTO-
DY OF THE UNITED STATES IMMIGRATION AND  CUSTOMS  ENFORCEMENT  SHALL  BE
CREDITED  AGAINST  THE TERM OF THE SENTENCE IN ACCORDANCE WITH THE RULES
SPECIFIED IN PARAGRAPH (C)  OF  THAT  SUBDIVISION.  NOTWITHSTANDING  ANY
OTHER  PROVISION OF LAW, ANY INMATE GRANTED PAROLE FROM AN INDETERMINATE
SENTENCE OR RELEASE FOR DEPORTATION FROM A DETERMINATE SENTENCE PURSUANT
TO THIS PARAGRAPH WHO IS SUBSEQUENTLY COMMITTED TO THE  CUSTODY  OF  THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR A FELONY OFFENSE
COMMITTED AFTER RELEASE PURSUANT TO THIS PARAGRAPH SHALL HAVE HIS OR HER
PAROLE ELIGIBILITY DATE ON THE INDETERMINATE SENTENCE FOR THE NEW FELONY
OFFENSE,  OR  HIS  OR  HER  CONDITIONAL  RELEASE DATE ON THE DETERMINATE
SENTENCE FOR THE NEW FELONY OFFENSE, AS THE CASE MAY BE, EXTENDED BY THE
AMOUNT OF TIME BETWEEN THE DATE ON WHICH SUCH INMATE WAS  RELEASED  FROM
THE  CUSTODY  OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PURSUANT TO THIS PARAGRAPH AND THE  DATE  ON  WHICH  SUCH  INMATE  WOULD
OTHERWISE  HAVE  COMPLETED SERVICE OF THE MINIMUM PERIOD OF IMPRISONMENT
ON THE PRIOR FELONY OFFENSE.
  (F) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE  DETERMINATION  TO  PAROLE  AN  INMATE  WHO  HAS  SUCCESSFULLY
COMPLETED   THE   SHOCK   INCARCERATION   PROGRAM  PURSUANT  TO  ARTICLE
TWENTY-SIX-A OF THE CORRECTION LAW MAY BE MADE WITHOUT A PERSONAL INTER-
VIEW OF THE INMATE AND SHALL BE MADE IN ACCORDANCE WITH  PROCEDURES  SET
FORTH  IN  THE  RULES  OF  THE BOARD. IF PAROLE IS NOT GRANTED, THE TIME
PERIOD FOR RECONSIDERATION SHALL NOT EXCEED THE COURT IMPOSED MINIMUM.
  3. APPEALS. (A) ALL DETERMINATIONS MADE PURSUANT TO THIS  SECTION  MAY
BE APPEALED IN ACCORDANCE WITH SECTION TWO HUNDRED SIX OF THE CORRECTION
LAW.  ANY  BOARD  MEMBER WHO PARTICIPATED IN THE DECISION FROM WHICH THE
APPEAL IS TAKEN MAY NOT PARTICIPATE IN THE RESOLUTION OF THAT APPEAL.
  (B) UPON AN APPEAL TO THE BOARD, THE INMATE MAY BE REPRESENTED  BY  AN
ATTORNEY.  WHERE  THE INMATE IS FINANCIALLY UNABLE TO PROVIDE FOR HIS OR
HER OWN ATTORNEY, THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE COUNTY
COURT OR DISTRICT COURT IN THE COUNTY  WHERE  THE  INTERVIEW  WAS  HELD,
SHALL  ASSIGN  COUNSEL  IN  ACCORDANCE  WITH THE COUNTY OR CITY PLAN FOR
REPRESENTATION PLACED IN OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE
COUNTY LAW.
  4. ACTIONS OF THE BOARD. ANY ACTION BY THE BOARD OR A  MEMBER  THEREOF
PURSUANT  TO  THIS ARTICLE SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL
NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.

S. 2812                            122                           A. 4012

  5. RECORD OF PROCEEDINGS. (A) THE BOARD SHALL PROVIDE FOR  THE  MAKING
OF A VERBATIM RECORD OF EACH PAROLE RELEASE INTERVIEW.
  (B)  THE CHAIRMAN OF THE BOARD OF PAROLE SHALL MAINTAIN RECORDS OF ALL
PAROLE INTERVIEWS FOR A PERIOD OF TWENTY-FIVE YEARS FROM THE DATE OF THE
PAROLE RELEASE INTERVIEW OR UNTIL EXPIRATION  OF  THE  MAXIMUM  TERM  OF
SENTENCE.
  6. DEAF PERSON BEFORE THE BOARD. WHENEVER ANY DEAF PERSON PARTICIPATES
IN  A  PAROLE  RELEASE  INTERVIEW,  THERE SHALL BE APPOINTED A QUALIFIED
INTERPRETER WHO IS CERTIFIED BY A RECOGNIZED NATIONAL OR NEW YORK  STATE
CREDENTIALING  AUTHORITY  TO INTERPRET THE PROCEEDINGS TO AND THE STATE-
MENTS OR TESTIMONY OF SUCH DEAF PERSON.
  S 259-C. DISCHARGE OF SENTENCE. EXCEPT WHERE  A  DETERMINATE  SENTENCE
WAS  IMPOSED  FOR  A  FELONY, OTHER THAN A FELONY DEFINED IN ARTICLE TWO
HUNDRED TWENTY OR ARTICLE TWO HUNDRED TWENTY-ONE OF THE  PENAL  LAW,  IF
THE  BOARD  OF  PAROLE  IS  SATISFIED  THAT  AN  ABSOLUTE DISCHARGE FROM
PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE OR RELEASE TO A  PERIOD
OF  POST-RELEASE  SUPERVISION  IS  IN THE BEST INTERESTS OF SOCIETY, THE
BOARD MAY GRANT SUCH A DISCHARGE PRIOR TO THE  EXPIRATION  OF  THE  FULL
TERM  OR  MAXIMUM TERM TO ANY PERSON WHO HAS BEEN ON UNREVOKED COMMUNITY
SUPERVISION FOR AT LEAST THREE CONSECUTIVE YEARS.  A  DISCHARGE  GRANTED
UNDER  THIS  SECTION SHALL CONSTITUTE A TERMINATION OF THE SENTENCE WITH
RESPECT TO WHICH IT WAS GRANTED. NO  SUCH  DISCHARGE  SHALL  BE  GRANTED
UNLESS  THE  BOARD  OF PAROLE IS SATISFIED THAT THE PAROLEE OR RELEASEE,
OTHERWISE FINANCIALLY ABLE TO COMPLY WITH AN ORDER  OF  RESTITUTION  AND
THE PAYMENT OF ANY MANDATORY SURCHARGE, SEX OFFENDER REGISTRATION FEE OR
DNA  DATABANK  FEE  PREVIOUSLY IMPOSED BY A COURT OF COMPETENT JURISDIC-
TION, HAS MADE A GOOD FAITH EFFORT TO COMPLY THEREWITH.
  S 259-D. ACCESS TO INSTITUTIONS. MEMBERS OF THE BOARD OF PAROLE  SHALL
HAVE  ACCESS TO ALL INMATES CONFINED IN INSTITUTIONS UNDER THE JURISDIC-
TION OF THE DEPARTMENT OF  CORRECTION  AND  COMMUNITY  SUPERVISION,  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES AND THE OFFICE OF MENTAL HEALTH
IN ORDER TO ENABLE THEM TO PERFORM THEIR FUNCTIONS,  PROVIDED,  HOWEVER,
THAT  THE  OFFICE  OF MENTAL HEALTH MAY TEMPORARILY RESTRICT SUCH ACCESS
WHERE IT DETERMINES, FOR SIGNIFICANT CLINICAL REASONS, THAT SUCH  ACCESS
WOULD INTERFERE WITH ITS CARE AND TREATMENT OF A MENTALLY ILL INMATE. IF
UNDER  THE  PROVISIONS  OF  THIS SECTION AN INMATE IS NOT ACCESSIBLE FOR
RELEASE CONSIDERATION BY THE BOARD, THAT INMATE SHALL  BE  SCHEDULED  TO
SEE  THE  BOARD  IN THE MONTH IMMEDIATELY SUBSEQUENT TO THE MONTH WITHIN
WHICH HE OR SHE WAS NOT AVAILABLE.
  S 259-E. RELEASE ON MEDICAL PAROLE FOR TERMINALLY ILL INMATES.  1. (A)
THE BOARD SHALL HAVE THE POWER TO RELEASE ON MEDICAL PAROLE  ANY  INMATE
SERVING  AN  INDETERMINATE  OR DETERMINATE SENTENCE OF IMPRISONMENT WHO,
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN  CERTIFIED  TO  BE
SUFFERING  FROM  A  TERMINAL CONDITION, DISEASE OR SYNDROME AND TO BE SO
DEBILITATED OR INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY  THAT
HE  OR  SHE  IS  PHYSICALLY  OR  COGNITIVELY INCAPABLE OF PRESENTING ANY
DANGER TO SOCIETY, PROVIDED, HOWEVER, THAT NO INMATE SERVING A  SENTENCE
IMPOSED  UPON  A CONVICTION FOR MURDER IN THE FIRST DEGREE OR AN ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE  SERVING  A  SENTENCE
IMPOSED  UPON  A  CONVICTION  FOR ANY OF THE FOLLOWING OFFENSES SHALL BE
ELIGIBLE FOR SUCH  RELEASE  UNLESS  IN  THE  CASE  OF  AN  INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE  SENTENCE  AND  IN  THE CASE OF A DETERMINATE SENTENCE HE OR SHE HAS
SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR HER DETERMINATE SENTENCE:
MURDER IN THE SECOND DEGREE,  MANSLAUGHTER  IN  THE  FIRST  DEGREE,  ANY

S. 2812                            123                           A. 4012

OFFENSE  DEFINED  IN  ARTICLE  ONE HUNDRED THIRTY OF THE PENAL LAW OR AN
ATTEMPT TO COMMIT ANY OF THESE  OFFENSES.  SOLELY  FOR  THE  PURPOSE  OF
DETERMINING  MEDICAL  PAROLE  ELIGIBILITY PURSUANT TO THIS SECTION, SUCH
ONE-HALF  OF  THE  MINIMUM  PERIOD  OF  THE  INDETERMINATE  SENTENCE AND
ONE-HALF OF THE TERM OF THE DETERMINATE SENTENCE SHALL NOT  BE  CREDITED
WITH  ANY  TIME SERVED UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION PRIOR TO THE COMMENCEMENT OF  SUCH
SENTENCE PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION
70.30  OF  THE  PENAL  LAW  OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE
PENAL LAW, EXCEPT TO THE  EXTENT  AUTHORIZED  BY  SUBDIVISION  THREE  OF
SECTION 70.30 OF THE PENAL LAW.
  (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S MEDICAL CONDITION, THERE IS A  REASON-
ABLE  PROBABILITY  THAT THE INMATE, IF RELEASED, WILL LIVE AND REMAIN AT
LIBERTY WITHOUT VIOLATING THE LAW, AND THAT SUCH RELEASE IS  NOT  INCOM-
PATIBLE  WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERI-
OUSNESS OF THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND  SHALL  BE
SUBJECT  TO  THE  LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION. EXCEPT AS SET FORTH IN PARAGRAPH (A) OF THIS  SUBDIVISION,
SUCH  RELEASE  MAY BE GRANTED AT ANY TIME DURING THE TERM OF AN INMATE'S
SENTENCE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY  AND  THE  ATTORNEY FOR THE INMATE THAT THE INMATE IS
BEING CONSIDERED FOR RELEASE PURSUANT TO THIS SECTION  AND  THE  PARTIES
RECEIVING  NOTICE  SHALL  HAVE FIFTEEN DAYS TO COMMENT ON THE RELEASE OF
THE INMATE. RELEASE ON MEDICAL PAROLE SHALL NOT  BE  GRANTED  UNTIL  THE
EXPIRATION OF THE COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2. (A) THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION,  ON  THE COMMISSIONER'S OWN INITIATIVE OR AT THE REQUEST OF
AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,  MAY,  IN  THE
EXERCISE OF SUCH COMMISSIONER'S DISCRETION, DIRECT THAT AN INVESTIGATION
BE  UNDERTAKEN  TO  DETERMINE  WHETHER  A DIAGNOSIS SHOULD BE MADE OF AN
INMATE WHO APPEARS TO BE SUFFERING FROM A TERMINAL CONDITION, DISEASE OR
SYNDROME. ANY SUCH MEDICAL  DIAGNOSIS  SHALL  BE  MADE  BY  A  PHYSICIAN
LICENSED  TO  PRACTICE  MEDICINE  IN  THIS  STATE  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED TWENTY-FOUR OF  THE  EDUCATION  LAW.  SUCH  PHYSICIAN
SHALL  EITHER BE EMPLOYED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION, SHALL RENDER PROFESSIONAL SERVICES AT THE  REQUEST  OF  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  OR  SHALL  BE
EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY USED  BY  THE  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  FOR  THE  MEDICAL TREATMENT OF
INMATES.   THE DIAGNOSIS  SHALL  BE  REPORTED  TO  THE  COMMISSIONER  OF
CORRECTIONS  AND  COMMUNITY SUPERVISION AND SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO, A DESCRIPTION  OF  THE  TERMINAL  CONDITION,  DISEASE  OR
SYNDROME  SUFFERED  BY THE INMATE, A PROGNOSIS CONCERNING THE LIKELIHOOD
THAT THE INMATE WILL NOT RECOVER FROM SUCH TERMINAL  CONDITION,  DISEASE
OR  SYNDROME,  A DESCRIPTION OF THE INMATE'S PHYSICAL OR COGNITIVE INCA-
PACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING THE  LIKELY  DURATION
OF  THE  INCAPACITY,  AND  A  STATEMENT  BY THE PHYSICIAN OF WHETHER THE
INMATE IS SO DEBILITATED OR INCAPACITATED AS TO BE  SEVERELY  RESTRICTED
IN  HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL
ACTIVITIES OF DAILY LIVING. THIS REPORT ALSO SHALL INCLUDE A RECOMMENDA-
TION OF THE TYPE AND LEVEL OF SERVICES AND TREATMENT  THE  INMATE  WOULD
REQUIRE  IF GRANTED MEDICAL PAROLE AND A RECOMMENDATION FOR THE TYPES OF
SETTINGS IN WHICH THE SERVICES AND TREATMENT SHOULD BE GIVEN.

S. 2812                            124                           A. 4012

  (B) THE COMMISSIONER OF THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE DIAGNOSIS
AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM SUCH  TERMINAL  CONDI-
TION, DISEASE OR SYNDROME AND THAT THE INMATE IS SO DEBILITATED OR INCA-
PACITATED  AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYS-
ICALLY OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY.  IF
SUCH  COMMISSIONER  DOES  NOT  SO  CERTIFY  THEN THE INMATE SHALL NOT BE
REFERRED TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL
PAROLE. IF SUCH COMMISSIONER DOES SO  CERTIFY,  THEN  SUCH  COMMISSIONER
SHALL, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, REFER THE
INMATE  TO  THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL
PAROLE. HOWEVER, NO SUCH REFERRAL OF AN INMATE TO THE  BOARD  OF  PAROLE
SHALL  BE  MADE  UNLESS  THE INMATE HAS BEEN EXAMINED BY A PHYSICIAN AND
DIAGNOSED AS HAVING A TERMINAL CONDITION, DISEASE OR SYNDROME AS  PREVI-
OUSLY  DESCRIBED  IN  THIS  SUBSECTION  AT  SOME TIME SUBSEQUENT TO SUCH
INMATE'S  ADMISSION  TO  A  FACILITY  OPERATED  BY  THE  DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (C)  WHEN THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY SUPERVISION REFERS AN INMATE TO THE BOARD, SUCH COMMISSIONER  SHALL
PROVIDE AN APPROPRIATE MEDICAL DISCHARGE PLAN ESTABLISHED BY THE DEPART-
MENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION.    THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION IS AUTHORIZED TO  REQUEST  ASSIST-
ANCE  FROM  THE  DEPARTMENT  OF  HEALTH AND FROM THE COUNTY IN WHICH THE
INMATE RESIDED OR COMMITTED  HIS  OR  HER  CRIME,  WHICH  SHALL  PROVIDE
ASSISTANCE  WITH  RESPECT  TO  THE  DEVELOPMENT  AND IMPLEMENTATION OF A
DISCHARGE PLAN,  INCLUDING  POTENTIAL  PLACEMENTS  OF  A  RELEASEE.  THE
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION AND THE DEPARTMENT
OF HEALTH SHALL JOINTLY DEVELOP STANDARDS FOR THE MEDICAL DISCHARGE PLAN
THAT ARE APPROPRIATELY ADAPTED TO THE CRIMINAL JUSTICE SETTING, BASED ON
STANDARDS ESTABLISHED BY THE DEPARTMENT OF HEALTH FOR  HOSPITAL  MEDICAL
DISCHARGE   PLANNING.  THE  BOARD  MAY  POSTPONE  ITS  DECISION  PENDING
COMPLETION OF AN ADEQUATE DISCHARGE PLAN, OR MAY DENY RELEASE  BASED  ON
INADEQUACY OF THE DISCHARGE PLAN.
  3.  ANY  CERTIFICATION  BY  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION  OR  THE  COMMISSIONER'S  DESIGNEE
PURSUANT  TO  THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL
NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4. (A) MEDICAL PAROLE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR  A
PERIOD OF SIX MONTHS.
  (B)  THE  BOARD  SHALL  REQUIRE  AS  A CONDITION OF RELEASE ON MEDICAL
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
WHILE  ON MEDICAL PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPICE ESTABLISHED  PURSU-
ANT  TO  ARTICLE  FORTY  OF THE PUBLIC HEALTH LAW OR ANY OTHER PLACEMENT
THAT CAN PROVIDE APPROPRIATE MEDICAL CARE AS SPECIFIED  IN  THE  MEDICAL
DISCHARGE  PLAN REQUIRED BY SUBDIVISION TWO OF THIS SECTION. THE MEDICAL
DISCHARGE PLAN SHALL STATE THAT THE AVAILABILITY OF  THE  PLACEMENT  HAS
BEEN CONFIRMED, AND BY WHOM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
WHEN  AN  INMATE  WHO QUALIFIES FOR RELEASE UNDER THIS SECTION IS COGNI-
TIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION  TO  EFFECTUATE
THE  MEDICAL  DISCHARGE  PLAN AND, AFTER A DILIGENT SEARCH NO PERSON HAS
BEEN IDENTIFIED WHO COULD OTHERWISE BE APPOINTED AS THE INMATE'S GUARDI-
AN BY A COURT OF COMPETENT JURISDICTION, THEN, SOLELY FOR THE PURPOSE OF
IMPLEMENTING THE MEDICAL DISCHARGE PLAN, THE  FACILITY  HEALTH  SERVICES
DIRECTOR  AT  THE  FACILITY  WHERE  THE INMATE IS CURRENTLY INCARCERATED

S. 2812                            125                           A. 4012

SHALL BE LAWFULLY EMPOWERED TO ACT AS  THE  INMATE'S  GUARDIAN  FOR  THE
PURPOSE OF EFFECTUATING THE MEDICAL DISCHARGE.
  (C)  PURSUANT  TO  SECTION  TWO HUNDRED FOUR OF THE CORRECTION LAW THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  MAY  REQUIRE  AS  A
CONDITION  OF  RELEASE  THAT MEDICAL PAROLEES BE SUPERVISED ON INTENSIVE
CASELOADS AT REDUCED SUPERVISION RATIOS.
  (D) THE BOARD SHALL REQUIRE AS  A  CONDITION  OF  RELEASE  ON  MEDICAL
PAROLE  THAT  THE  RELEASEE  UNDERGO PERIODIC MEDICAL EXAMINATIONS AND A
MEDICAL EXAMINATION AT LEAST ONE MONTH PRIOR TO THE  EXPIRATION  OF  THE
PERIOD  OF  MEDICAL  PAROLE  AND,  FOR THE PURPOSES OF MAKING A DECISION
PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, THAT THE RELEASEE PROVIDE
THE BOARD WITH A REPORT, PREPARED BY  THE  TREATING  PHYSICIAN,  OF  THE
RESULTS OF SUCH EXAMINATION. SUCH REPORT SHALL SPECIFICALLY STATE WHETH-
ER  OR  NOT  THE  PAROLEE CONTINUES TO SUFFER FROM A TERMINAL CONDITION,
DISEASE OR SYNDROME, AND TO BE SO DEBILITATED OR INCAPACITATED AS TO  BE
SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
SIGNIFICANT NORMAL ACTIVITIES OF DAILY LIVING.
  (E)  PRIOR TO THE EXPIRATION OF THE PERIOD OF MEDICAL PAROLE THE BOARD
SHALL REVIEW THE MEDICAL EXAMINATION REPORT REQUIRED BY PARAGRAPH (D) OF
THIS SUBDIVISION AND MAY AGAIN GRANT MEDICAL  PAROLE  PURSUANT  TO  THIS
SECTION;  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF PARAGRAPH (C) OF
SUBDIVISION ONE AND SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY.
  (F) IF THE UPDATED MEDICAL REPORT PRESENTED TO THE BOARD STATES THAT A
PAROLEE RELEASED PURSUANT TO THIS SECTION IS NO LONGER SO DEBILITATED OR
INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE  OR  SHE  IS
PHYSICALLY  OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY
OR IF THE RELEASEE FAILS TO SUBMIT THE UPDATED MEDICAL REPORT  THEN  THE
BOARD  MAY  NOT MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. WHERE THE BOARD HAS NOT GRANTED MEDICAL  PAROLE
PURSUANT  TO SUCH PARAGRAPH (E) THE BOARD SHALL PROMPTLY CONDUCT THROUGH
ONE OF ITS MEMBERS A  HEARING  TO  DETERMINE  WHETHER  THE  RELEASEE  IS
SUFFERING  FROM  A  TERMINAL  CONDITION,  DISEASE  OR SYNDROME AND IS SO
DEBILITATED OR INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY  THAT
HE  OR  SHE  IS  PHYSICALLY  OR  COGNITIVELY INCAPABLE OF PRESENTING ANY
DANGER TO SOCIETY AND DOES NOT PRESENT A DANGER TO SOCIETY. IF THE BOARD
MAKES SUCH A DETERMINATION THEN IT MAY  MAKE  A  NEW  GRANT  OF  MEDICAL
PAROLE  PURSUANT TO THE STANDARDS OF PARAGRAPH (B) OF SUBDIVISION ONE OF
THIS SECTION. AT THE HEARING, THE  RELEASEE  SHALL  HAVE  THE  RIGHT  TO
REPRESENTATION  BY  COUNSEL,  INCLUDING  THE  RIGHT,  IF THE RELEASEE IS
FINANCIALLY UNABLE TO RETAIN COUNSEL,  TO  HAVE  THE  APPROPRIATE  COURT
ASSIGN  COUNSEL IN ACCORDANCE WITH THE COUNTY OR CITY PLAN FOR REPRESEN-
TATION PLACED IN OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE  COUNTY
LAW.
  (G)  THE  HEARING  AND  DETERMINATION PROVIDED FOR BY PARAGRAPH (F) OF
THIS SUBDIVISION SHALL BE CONCLUDED  WITHIN  THE  SIX  MONTH  PERIOD  OF
MEDICAL PAROLE. IF THE BOARD DOES NOT RENEW THE GRANT OF MEDICAL PAROLE,
IT  SHALL ORDER THAT THE RELEASEE BE RETURNED IMMEDIATELY TO THE CUSTODY
OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (H) IN ADDITION TO THE PROCEDURES SET FORTH IN PARAGRAPH (F)  OF  THIS
SUBDIVISION,  MEDICAL  PAROLE MAY BE REVOKED AT ANY TIME UPON ANY OF THE
GROUNDS SPECIFIED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIVE OF  THE
CORRECTION LAW AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN SUBDI-
VISION TWO OF SECTION TWO HUNDRED FIVE OF THE CORRECTION LAW.
  (I)  A  RELEASEE WHO IS ON MEDICAL PAROLE AND WHO BECOMES ELIGIBLE FOR
PAROLE PURSUANT TO THE PROVISIONS OF  SUBDIVISION  TWO  OF  SECTION  TWO

S. 2812                            126                           A. 4012

HUNDRED  FIFTY-NINE-B  OF  THIS  ARTICLE  SHALL  BE  ELIGIBLE FOR PAROLE
CONSIDERATION PURSUANT TO SUCH SUBDIVISION.
  5.  A  DENIAL  OF  RELEASE  ON MEDICAL PAROLE OR EXPIRATION OF MEDICAL
PAROLE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
FOUR OF THIS SECTION SHALL NOT PRECLUDE THE INMATE FROM  REAPPLYING  FOR
MEDICAL PAROLE OR OTHERWISE AFFECT AN INMATE'S ELIGIBILITY FOR ANY OTHER
FORM OF RELEASE PROVIDED FOR BY LAW.
  6.  TO  THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON MEDICAL PAROLE OR RENEWAL  OF
MEDICAL PAROLE, OR FOR THE PURPOSE OF APPROPRIATELY SUPERVISING A PERSON
RELEASED  ON MEDICAL PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE
PROHIBITED BY ARTICLE TWENTY-SEVEN-F  OF  THE  PUBLIC  HEALTH  LAW,  THE
PROVISIONS OF THIS SECTION SHALL BE CONTROLLING.
  7.  THE  COMMISSIONER  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION AND THE CHAIRMAN OF THE BOARD OF PAROLE SHALL BE  AUTHORIZED
TO  PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
  8. ANY DECISION MADE BY THE BOARD PURSUANT  TO  THIS  SECTION  MAY  BE
APPEALED   PURSUANT   TO   SUBDIVISION  THREE  OF  SECTION  TWO  HUNDRED
FIFTY-NINE-B OF THIS ARTICLE.
  9. THE CHAIRMAN SHALL REPORT ANNUALLY TO THE GOVERNOR,  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY, THE CHAIR-
PERSONS OF THE ASSEMBLY AND SENATE CODES COMMITTEES, THE CHAIRPERSON  OF
THE  SENATE  CRIME  AND CORRECTION COMMITTEE, AND THE CHAIRPERSON OF THE
ASSEMBLY CORRECTION COMMITTEE THE NUMBER OF INMATES WHO HAVE APPLIED FOR
MEDICAL PAROLE; THE NUMBER WHO HAVE BEEN  GRANTED  MEDICAL  PAROLE;  THE
NATURE OF THE ILLNESS OF THE APPLICANTS, THE COUNTIES TO WHICH THEY HAVE
BEEN  RELEASED  AND  THE NATURE OF THE PLACEMENT PURSUANT TO THE MEDICAL
DISCHARGE PLAN; THE CATEGORIES OF REASONS FOR DENIAL FOR THOSE WHO  HAVE
BEEN DENIED; THE NUMBER OF RELEASEES WHO HAVE BEEN GRANTED AN ADDITIONAL
PERIOD  OR  PERIODS OF MEDICAL PAROLE AND THE NUMBER OF SUCH GRANTS; THE
NUMBER OF RELEASEES ON MEDICAL PAROLE WHO HAVE BEEN REINCARCERATED  WITH
THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE REASONS
FOR RETURN.
  S 259-F. RELEASE ON MEDICAL PAROLE FOR INMATES SUFFERING FROM  SIGNIF-
ICANT  DEBILITATING ILLNESSES.  1. (A) THE BOARD SHALL HAVE THE POWER TO
RELEASE ON MEDICAL PAROLE ANY INMATE SERVING AN INDETERMINATE OR  DETER-
MINATE SENTENCE OF IMPRISONMENT WHO, PURSUANT TO SUBDIVISION TWO OF THIS
SECTION,  HAS  BEEN  CERTIFIED  TO  BE  SUFFERING FROM A SIGNIFICANT AND
PERMANENT NON-TERMINAL CONDITION, DISEASE OR SYNDROME THAT HAS  RENDERED
THE  INMATE SO PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED AS
TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE DOES NOT  PRESENT  ANY
DANGER  TO SOCIETY, PROVIDED, HOWEVER, THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR MURDER IN THE FIRST DEGREE OR  AN  ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH  RELEASE,  AND  PROVIDED  FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR ANY OF THE  FOLLOWING  OFFENSES  SHALL  BE
ELIGIBLE  FOR  SUCH  RELEASE  UNLESS  IN  THE  CASE  OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE  HE  OR  SHE  HAS
SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR HER DETERMINATE SENTENCE:
MURDER  IN  THE  SECOND  DEGREE,  MANSLAUGHTER  IN THE FIRST DEGREE, ANY
OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE  PENAL  LAW  OR  AN
ATTEMPT  TO  COMMIT  ANY  OF THESE   OFFENSES. SOLELY FOR THE PURPOSE OF
DETERMINING MEDICAL PAROLE ELIGIBILITY PURSUANT TO  THIS  SECTION,  SUCH

S. 2812                            127                           A. 4012

ONE-HALF  OF  THE  MINIMUM  PERIOD  OF  THE  INDETERMINATE  SENTENCE AND
ONE-HALF OF THE TERM OF THE DETERMINATE SENTENCE SHALL NOT  BE  CREDITED
WITH  ANY  TIME SERVED UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION PRIOR TO  THE COMMENCEMENT OF SUCH
SENTENCE PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION
70.30  OF  THE  PENAL  LAW  OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE
PENAL LAW, EXCEPT TO THE  EXTENT  AUTHORIZED  BY  SUBDIVISION  THREE  OF
SECTION 70.30 OF THE PENAL LAW.
  (B)  SUCH  RELEASE  SHALL  BE  GRANTED  ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S MEDICAL CONDITION, THERE IS A  REASON-
ABLE  PROBABILITY  THAT THE INMATE, IF RELEASED, WILL LIVE AND REMAIN AT
LIBERTY WITHOUT  VIOLATING THE LAW, AND THAT SUCH RELEASE IS NOT  INCOM-
PATIBLE  WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERI-
OUSNESS OF THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND  SHALL  BE
SUBJECT  TO  THE  LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION. IN MAKING THIS DETERMINATION, THE  BOARD  SHALL  CONSIDER:
(I)  THE NATURE AND SERIOUSNESS OF THE INMATE'S CRIME; (II) THE INMATE'S
PRIOR CRIMINAL RECORD; (III) THE INMATE'S DISCIPLINARY,  BEHAVIORAL  AND
REHABILITATIVE  RECORD DURING THE TERM OF HIS OR HER INCARCERATION; (IV)
THE AMOUNT OF TIME THE INMATE MUST SERVE BEFORE  BECOMING  ELIGIBLE  FOR
RELEASE  PURSUANT  TO  SECTION TWO HUNDRED FIFTY-NINE-B OF THIS ARTICLE;
(V) THE CURRENT AGE OF THE INMATE AND HIS OR HER AGE AT THE TIME OF  THE
CRIME;  (VI)  THE  RECOMMENDATIONS OF THE SENTENCING COURT, THE DISTRICT
ATTORNEY AND THE VICTIM OR THE VICTIM'S REPRESENTATIVE; (VII) THE NATURE
OF THE INMATE'S MEDICAL CONDITION, DISEASE OR SYNDROME AND THE EXTENT OF
MEDICAL TREATMENT OR CARE THAT THE INMATE WILL REQUIRE AS  A  RESULT  OF
THAT  CONDITION,  DISEASE  OR  SYNDROME;  AND  (VIII) ANY OTHER RELEVANT
FACTOR. EXCEPT AS SET FORTH IN PARAGRAPH (A) OF THIS  SUBDIVISION,  SUCH
RELEASE  MAY  BE  GRANTED  AT  ANY  TIME  DURING THE TERM OF AN INMATE'S
SENTENCE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  (C) THE BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING  COURT,  THE
DISTRICT  ATTORNEY,  THE  ATTORNEY  FOR  THE INMATE AND, WHERE NECESSARY
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-B OF  THIS
ARTICLE,  THE  CRIME  VICTIM,  THAT  THE  INMATE IS BEING CONSIDERED FOR
RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE  SHALL
HAVE  THIRTY  DAYS  TO  COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
MEDICAL PAROLE SHALL NOT BE GRANTED UNTIL THE EXPIRATION OF THE  COMMENT
PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2. (A) THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION,  ON  THE COMMISSIONER'S OWN INITIATIVE OR AT THE REQUEST OF
AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,  MAY,  IN  THE
EXERCISE OF SUCH COMMISSIONER'S DISCRETION, DIRECT THAT AN INVESTIGATION
BE  UNDERTAKEN  TO  DETERMINE  WHETHER  A DIAGNOSIS SHOULD BE MADE OF AN
INMATE WHO APPEARS TO BE SUFFERING  FROM  A  SIGNIFICANT  AND  PERMANENT
NON-TERMINAL AND INCAPACITATING CONDITION, DISEASE OR SYNDROME. ANY SUCH
MEDICAL  DIAGNOSIS  SHALL  BE  MADE  BY A PHYSICIAN LICENSED TO PRACTICE
MEDICINE  IN  THIS  STATE  PURSUANT  TO   SECTION   SIXTY-FIVE   HUNDRED
TWENTY-FOUR  OF  THE  EDUCATION  LAW.  SUCH  PHYSICIAN  SHALL  EITHER BE
EMPLOYED BY THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,
SHALL  RENDER  PROFESSIONAL SERVICES AT THE REQUEST OF THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, OR SHALL BE EMPLOYED BY A  HOSPI-
TAL OR MEDICAL FACILITY USED BY THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY  SUPERVISION  FOR  THE  MEDICAL TREATMENT OF INMATES. THE DIAGNOSIS
SHALL BE REPORTED TO THE COMMISSIONER OF THE DEPARTMENT  OF  CORRECTIONS
AND  COMMUNITY SUPERVISION AND SHALL INCLUDE BUT SHALL NOT BE LIMITED TO
A DESCRIPTION OF THE CONDITION, DISEASE  OR  SYNDROME  SUFFERED  BY  THE

S. 2812                            128                           A. 4012

INMATE,  A  PROGNOSIS CONCERNING THE LIKELIHOOD THAT THE INMATE WILL NOT
RECOVER FROM SUCH CONDITION, DISEASE OR SYNDROME, A DESCRIPTION  OF  THE
INMATE'S  PHYSICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDIC-
TION  RESPECTING  THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT
BY THE PHYSICIAN OF WHETHER THE INMATE IS SO  DEBILITATED  OR  INCAPACI-
TATED  AS  TO BE SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBU-
LATE OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY  LIVING.  THIS
REPORT  ALSO  SHALL  INCLUDE  A  RECOMMENDATION OF THE TYPE AND LEVEL OF
SERVICES AND TREATMENT THE  INMATE  WOULD  REQUIRE  IF  GRANTED  MEDICAL
PAROLE  AND  A  RECOMMENDATION  FOR  THE  TYPES OF SETTINGS IN WHICH THE
SERVICES AND TREATMENT SHOULD BE GIVEN.
  (B) THE COMMISSIONER OF THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE DIAGNOSIS
AND MAY CERTIFY THAT  THE  INMATE  IS  SUFFERING  FROM  SUCH  CONDITION,
DISEASE  OR  SYNDROME AND THAT THE INMATE IS SO DEBILITATED OR INCAPACI-
TATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYSICALLY
OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY.   IF  SUCH
COMMISSIONER  DOES  NOT SO CERTIFY THEN THE INMATE SHALL NOT BE REFERRED
TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL  PAROLE.
IF  SUCH  COMMISSIONER  DOES  SO  CERTIFY, THEN SUCH COMMISSIONER SHALL,
WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, REFER THE INMATE
TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL  PAROLE.
HOWEVER,  NO  SUCH REFERRAL OF AN INMATE TO THE BOARD OF PAROLE SHALL BE
MADE UNLESS THE INMATE HAS BEEN EXAMINED BY A PHYSICIAN AND DIAGNOSED AS
HAVING A CONDITION, DISEASE OR SYNDROME AS PREVIOUSLY DESCRIBED IN  THIS
SECTION AT SOME TIME SUBSEQUENT TO SUCH INMATE'S ADMISSION TO A FACILITY
OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (C)  WHEN THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY SUPERVISION REFERS AN INMATE TO THE BOARD, THE  COMMISSIONER  SHALL
PROVIDE AN APPROPRIATE MEDICAL DISCHARGE PLAN ESTABLISHED BY THE DEPART-
MENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION.    THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION IS AUTHORIZED TO  REQUEST  ASSIST-
ANCE  FROM  THE  DEPARTMENT  OF  HEALTH AND FROM THE COUNTY IN WHICH THE
INMATE RESIDED OR COMMITTED  HIS  OR  HER  CRIME,  WHICH  SHALL  PROVIDE
ASSISTANCE  WITH  RESPECT  TO  THE  DEVELOPMENT  AND IMPLEMENTATION OF A
DISCHARGE PLAN,  INCLUDING  POTENTIAL  PLACEMENTS  OF  A  RELEASEE.  THE
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION AND THE DEPARTMENT
OF HEALTH SHALL JOINTLY DEVELOP STANDARDS FOR THE MEDICAL DISCHARGE PLAN
THAT ARE APPROPRIATELY ADAPTED TO THE CRIMINAL JUSTICE SETTING, BASED ON
STANDARDS ESTABLISHED BY THE DEPARTMENT OF HEALTH FOR  HOSPITAL  MEDICAL
DISCHARGE   PLANNING.  THE  BOARD  MAY  POSTPONE  ITS  DECISION  PENDING
COMPLETION OF AN ADEQUATE DISCHARGE PLAN, OR MAY DENY RELEASE  BASED  ON
INADEQUACY OF THE DISCHARGE PLAN.
  3.  ANY  CERTIFICATION  BY  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION  OR  THE  COMMISSIONER'S  DESIGNEE
PURSUANT  TO  THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL
NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4. (A) MEDICAL PAROLE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR  A
PERIOD OF SIX MONTHS.
  (B)  THE  BOARD  SHALL  REQUIRE  AS  A CONDITION OF RELEASE ON MEDICAL
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
WHILE  ON MEDICAL PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPICE ESTABLISHED  PURSU-
ANT  TO  ARTICLE  FORTY OF THE PUBLIC HEALTH LAW OR ANY OTHER PLACEMENT,
INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN PROVIDE  APPROPRI-
ATE  MEDICAL CARE AS SPECIFIED IN THE MEDICAL DISCHARGE PLAN REQUIRED BY

S. 2812                            129                           A. 4012

SUBDIVISION TWO OF THIS SECTION. THE MEDICAL DISCHARGE PLAN SHALL  STATE
THAT  THE AVAILABILITY OF THE PLACEMENT HAS BEEN CONFIRMED, AND BY WHOM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN INMATE WHO QUALIFIES
FOR  RELEASE  UNDER THIS SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE
REQUISITE DOCUMENTATION TO EFFECTUATE THE MEDICAL  DISCHARGE  PLAN  AND,
AFTER  A  DILIGENT SEARCH NO PERSON HAS BEEN IDENTIFIED WHO COULD OTHER-
WISE BE APPOINTED AS THE INMATE'S  GUARDIAN  BY  A  COURT  OF  COMPETENT
JURISDICTION,  THEN,  SOLELY FOR THE PURPOSE OF IMPLEMENTING THE MEDICAL
DISCHARGE PLAN, THE FACILITY HEALTH SERVICES DIRECTOR  AT  THE  FACILITY
WHERE  THE  INMATE IS CURRENTLY INCARCERATED SHALL BE LAWFULLY EMPOWERED
TO ACT AS THE INMATE'S GUARDIAN FOR  THE  PURPOSE  OF  EFFECTUATING  THE
MEDICAL DISCHARGE.
  (C)  PURSUANT  TO  SECTION  TWO HUNDRED FOUR OF THE CORRECTION LAW THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  MAY  REQUIRE  AS  A
CONDITION  OF  RELEASE  THAT MEDICAL PAROLEES BE SUPERVISED ON INTENSIVE
CASELOADS AT REDUCED SUPERVISION RATIOS.
  (D) THE BOARD SHALL REQUIRE AS  A  CONDITION  OF  RELEASE  ON  MEDICAL
PAROLE  THAT  THE  RELEASEE  UNDERGO PERIODIC MEDICAL EXAMINATIONS AND A
MEDICAL EXAMINATION AT LEAST ONE MONTH PRIOR TO THE  EXPIRATION  OF  THE
PERIOD  OF  MEDICAL  PAROLE  AND,  FOR THE PURPOSES OF MAKING A DECISION
PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, THAT THE RELEASEE PROVIDE
THE BOARD WITH A REPORT, PREPARED BY  THE  TREATING  PHYSICIAN,  OF  THE
RESULTS OF SUCH EXAMINATION. SUCH REPORT SHALL SPECIFICALLY STATE WHETH-
ER  OR NOT THE PAROLEE CONTINUES TO SUFFER FROM A SIGNIFICANT AND PERMA-
NENT NON-TERMINAL AND DEBILITATING CONDITION, DISEASE OR  SYNDROME,  AND
TO  BE  SO  DEBILITATED OR INCAPACITATED AS TO BE SEVERELY RESTRICTED IN
HIS OR HER ABILITY TO SELF-AMBULATE OR  TO  PERFORM  SIGNIFICANT  NORMAL
ACTIVITIES OF DAILY LIVING.
  (E)  PRIOR TO THE EXPIRATION OF THE PERIOD OF MEDICAL PAROLE THE BOARD
SHALL REVIEW THE MEDICAL EXAMINATION REPORT REQUIRED BY PARAGRAPH (D) OF
THIS SUBDIVISION AND MAY AGAIN GRANT MEDICAL  PAROLE  PURSUANT  TO  THIS
SECTION;  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF PARAGRAPH (C) OF
SUBDIVISION ONE AND SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY.
  (F) IF THE UPDATED MEDICAL REPORT PRESENTED TO THE BOARD STATES THAT A
PAROLEE RELEASED PURSUANT TO THIS SECTION IS NO LONGER SO DEBILITATED OR
INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE  OR  SHE  IS
PHYSICALLY  OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY
OR IF THE RELEASEE FAILS TO SUBMIT THE UPDATED MEDICAL REPORT  THEN  THE
BOARD  MAY  NOT MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. WHERE THE BOARD HAS NOT GRANTED MEDICAL  PAROLE
PURSUANT  TO SUCH PARAGRAPH (E) THE BOARD SHALL PROMPTLY CONDUCT THROUGH
ONE OF ITS MEMBERS A  HEARING  TO  DETERMINE  WHETHER  THE  RELEASEE  IS
SUFFERING FROM A SIGNIFICANT AND PERMANENT NON-TERMINAL AND INCAPACITAT-
ING  CONDITION,  DISEASE  OR SYNDROME AND IS SO DEBILITATED OR INCAPACI-
TATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYSICALLY
OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO  SOCIETY  AND  DOES
NOT PRESENT A DANGER TO SOCIETY. IF THE BOARD MAKES SUCH A DETERMINATION
THEN IT MAY MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO THE STANDARDS
OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. AT THE HEARING, THE
RELEASEE  SHALL  HAVE  THE RIGHT TO REPRESENTATION BY COUNSEL, INCLUDING
THE RIGHT, IF THE RELEASEE IS FINANCIALLY UNABLE TO RETAIN  COUNSEL,  TO
HAVE  THE APPROPRIATE COURT ASSIGN COUNSEL IN ACCORDANCE WITH THE COUNTY
OR CITY PLAN FOR REPRESENTATION PLACED IN OPERATION PURSUANT TO  ARTICLE
EIGHTEEN-B OF THE COUNTY LAW.
  (G)  THE  HEARING  AND  DETERMINATION PROVIDED FOR BY PARAGRAPH (F) OF
THIS SUBDIVISION SHALL BE CONCLUDED  WITHIN  THE  SIX  MONTH  PERIOD  OF

S. 2812                            130                           A. 4012

MEDICAL PAROLE. IF THE BOARD DOES NOT RENEW THE GRANT OF MEDICAL PAROLE,
IT  SHALL ORDER THAT THE RELEASEE BE RETURNED IMMEDIATELY TO THE CUSTODY
OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (H)  IN  ADDITION TO THE PROCEDURES SET FORTH IN PARAGRAPH (F) OF THIS
SUBDIVISION, MEDICAL PAROLE MAY BE REVOKED AT ANY TIME UPON ANY  OF  THE
GROUNDS  SPECIFIED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIVE OF THE
CORRECTION LAW AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN SUBDI-
VISION TWO OF SECTION TWO HUNDRED FIVE OF THE CORRECTION LAW.
  (I) A RELEASEE WHO IS ON MEDICAL PAROLE AND WHO BECOMES  ELIGIBLE  FOR
PAROLE  PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION TWO OF SECTION TWO
HUNDRED FIFTY-NINE-B OF  THIS  ARTICLE  SHALL  BE  ELIGIBLE  FOR  PAROLE
CONSIDERATION PURSUANT TO SUCH SUBDIVISION.
  5.  A  DENIAL  OF  RELEASE  ON MEDICAL PAROLE OR EXPIRATION OF MEDICAL
PAROLE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
FOUR OF THIS SECTION SHALL NOT PRECLUDE THE INMATE FROM  REAPPLYING  FOR
MEDICAL PAROLE OR OTHERWISE AFFECT AN INMATE'S ELIGIBILITY FOR ANY OTHER
FORM OF RELEASE PROVIDED FOR BY LAW.
  6.  TO  THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON MEDICAL PAROLE OR RENEWAL  OF
MEDICAL PAROLE, OR FOR THE PURPOSE OF APPROPRIATELY SUPERVISING A PERSON
RELEASED  ON MEDICAL PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE
PROHIBITED BY ARTICLE TWENTY-SEVEN-F  OF  THE  PUBLIC  HEALTH  LAW,  THE
PROVISIONS OF THIS SECTION SHALL BE CONTROLLING.
  7.  THE  COMMISSIONER  OF  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION AND THE CHAIRMAN OF THE BOARD OF PAROLE SHALL BE  AUTHORIZED
TO  PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
  8. ANY DECISION MADE BY THE BOARD PURSUANT  TO  THIS  SECTION  MAY  BE
APPEALED   PURSUANT   TO   SUBDIVISION  THREE  OF  SECTION  TWO  HUNDRED
FIFTY-NINE-B OF THIS ARTICLE.
  9. THE CHAIRMAN OF THE BOARD SHALL REPORT ANNUALLY  TO  THE  GOVERNOR,
THE  TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,
THE CHAIRPERSONS OF THE ASSEMBLY AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTION COMMITTEE, AND THE CHAIRPERSON
OF THE ASSEMBLY CORRECTION COMMITTEE THE  NUMBER  OF  INMATES  WHO  HAVE
APPLIED  FOR MEDICAL PAROLE UNDER THIS SECTION; THE NUMBER WHO HAVE BEEN
GRANTED MEDICAL PAROLE; THE NATURE OF THE ILLNESS OF THE APPLICANTS, THE
COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE OF  THE  PLACE-
MENT  PURSUANT  TO  THE MEDIAL DISCHARGE PLAN; THE CATEGORIES OF REASONS
FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF  RELEASEES  WHO
HAVE  BEEN GRANTED AN ADDITIONAL PERIOD OR PERIODS OF MEDICAL PAROLE AND
THE NUMBER OF SUCH GRANTS; THE NUMBER OF RELEASEES ON MEDICAL PAROLE WHO
HAVE BEEN REINCARCERATED WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION AND THE REASONS FOR RETURN.
  S 39. Transfer of employees. Notwithstanding any  other  provision  of
law, rule, or regulation to the contrary, upon the transfer of functions
from the department of correctional services, the division of parole and
the  state  board  of  parole pursuant to this act, all employees of the
department of correctional services, the  division  of  parole  and  the
state  board  of  parole  shall  be  transferred  to  the  department of
corrections and community supervision. Employees transferred pursuant to
this section shall be transferred without further examination or  quali-
fication  and  shall  retain  their respective civil service classifica-
tions, status and collective bargaining unit designations and collective
bargaining agreements.

S. 2812                            131                           A. 4012

  S 40. Transfer of records. All books,  papers,  and  property  of  the
department  of  correctional  services,  the  division of parole and the
state board of parole shall be deemed to be in  the  possession  of  the
commissioner of the department of corrections and community supervision.
All  books,  papers,  and  property  of  the  department of correctional
services, the division of parole and the state  board  of  parole  shall
continue to be maintained by the department of corrections and community
supervision.
  S  41.  Continuity  of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon and assumed by it pursuant to this act, the department of
corrections and community  supervision  shall  be  deemed  and  held  to
constitute  the continuation of the department of correctional services,
the division of parole and the state board of parole.
  S 42. Completion of unfinished business. Any business or other  matter
undertaken  or commenced by the department of correctional services, the
division of parole or  the  state  board  of  parole  pertaining  to  or
connected  with  the  functions,  powers,  obligations and duties hereby
transferred and assigned to the department of corrections and  community
supervision  and  pending  on  the  effective  date  of this act, may be
conducted and completed by the department of corrections  and  community
supervision or the board of parole in the same manner and under the same
terms  and  conditions  and  with  the  same  effect as if conducted and
completed by the department of corrections, the division  of  parole  or
the state board of parole.
  S  43.  Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the department of correc-
tional services, the division of parole and the state  board  of  parole
pertaining to the functions and powers transferred and assigned pursuant
to this act, in force at the time of such transfer and assumption, shall
continue  in  full force and effect as rules, regulations, acts, orders,
determinations and decisions of the department of corrections and commu-
nity supervision or the board of parole until duly modified or abrogated
by the commissioner of  the  department  of  corrections  and  community
supervision or the chairman of the board of parole, as appropriate.
  S 44. Terms occurring in laws, contracts and other documents. Whenever
the  department  of correctional services, the division of parole or the
board of parole, or the chairman or commissioner thereof, is referred to
or designated in any law, contract or document pertaining to  the  func-
tions, powers, obligations and duties hereby transferred to and assigned
to  the  department  of  corrections  and  community  supervision or the
commissioner of the department of corrections and community supervision,
such reference or designation shall be deemed to refer to the department
of corrections and community supervision  or  the  commissioner  of  the
department of corrections and community supervision, as applicable.
  S  45.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be  lost,  impaired  or  affected  by  any
provisions of this act.
  S 46. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
department of correctional services, the division of parole or the state
board of parole, or the  chairman  or  commissioner  thereof,  shall  be
affected by any provision of this act, but the same may be prosecuted or
defended   in  the  name  of  the  commissioner  of  the  department  of
corrections and community supervision or the department  of  corrections
and  community  supervision.  In  all  such actions and proceedings, the

S. 2812                            132                           A. 4012

commissioner of the department of corrections and community supervision,
upon application of the court, shall be substituted as a party.
  S  47.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the  department  of  correctional
services,  the  division  of  parole or the state board of parole to the
extent of remaining unexpended or unencumbered balance thereof,  whether
allocated or unallocated and whether obligated or unobligated, are here-
by  transferred  to  and  made  available for use and expenditure by the
department of corrections  and  community  supervision  subject  to  the
approval  of  the director of the budget for the same purposes for which
originally appropriated or reappropriated and shall be payable on vouch-
ers certified or approved by  the  commissioner  of  the  department  of
corrections  and community supervision on audit and warrant of the comp-
troller.
  S 48. Transfer of assets and liabilities. All assets  and  liabilities
of  the  department of correctional services, the division of parole and
the state board of parole are hereby transferred to and assumed  by  the
department of corrections and community supervision.
  S 49. This act shall take effect immediately, provided, however:
  (a)  that  the  amendments  to  subdivision  18  of  section  2 of the
correction law made in section one-a of this act shall be subject to the
expiration and reversion of such subdivision pursuant to chapter  55  of
the  laws  of  1992,  as  amended, when upon such date the provisions of
section two of this act shall take effect;
  (b) that the amendments to section 8 of the  correction  law  made  by
section  six of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  (c) sections thirty-three and  thirty-four  of  this  act  shall  take
effect on the same date as the reversion of provisions of the sentencing
reform  act of 1995 pursuant to subdivision d of section 74 of chapter 3
of the laws of 1995, as amended;
  (d) that the amendments to paragraph c of  subdivision  7  of  section
500-b of the correction law made by section thirty-six of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith; and
  (e)  that any member of the parole board appointed prior to the effec-
tive date of this act shall continue to be a member of the parole  board
for  the  remainder  of  his  or her term, in accordance with the public
officers law.

                                SUBPART B

  Section 1. Section 15-b of the correction law, as added by chapter 670
of the laws of 1935, is amended to read as follows:
  S 15-b. Education.  The present director of vocational education shall
be the director of education with the powers and duties of the  director
of  education  and hereafter shall be appointed by the commissioner. The
director of education, at any time appointed, shall be  a  person  whose
education, training and experience shall cover fields of penology and of
professional education. The educational qualifications shall include the
satisfactory  completion  of  three years of graduate work in education,
penology, and allied fields. The head of the division of education shall
have the direct supervision of all educational work in the department of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION and shall  have  full
authority  to  visit  and  inspect all institutions of the department to
observe, study, organize, and develop the educational activities of such

S. 2812                            133                           A. 4012

institutions in harmony with the  general  educational  program  of  the
department. He OR SHE shall be responsible to the commissioner and depu-
ty commissioner [of correction] DESIGNATED BY THE COMMISSIONER.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. Section 20 of the correction law is amended to read as follows:
  S  20.  Library.    A  library shall be provided in the department [of
correction] containing the leading books on parole, probation and  other
correctional  activities,  together  with reports and other documents on
correlated topics of criminology and social work.
  S 5. Section 23 of the correction law, as amended by  chapter  476  of
the  laws  of 1970 and as renumbered by chapter 475 of the laws of 1970,
is amended to read as follows:
  S 23. Transfer of inmates from one correctional facility  to  another;
treatment  in  outside  hospitals.  1.  The commissioner [of correction]
shall have the power to transfer inmates from one correctional  facility
to  another.  Whenever  the  transfer  of  inmates from one correctional
facility  to  another  shall  be  ordered  by   the   commissioner   [of
correction],  the  superintendent of the facility from which the inmates
are transferred shall take immediate steps to  make  the  transfer.  The
transfer  shall  be in accordance with rules and regulations promulgated
by the department for the safe delivery of such inmates  to  the  desig-
nated facility.
  2.  The commissioner [of correction], in his OR HER discretion, may by
written order permit inmates to receive medical diagnosis and  treatment
in  outside  hospitals, upon the recommendation of the superintendent or
director that such outside treatment or diagnosis is necessary by reason
of inadequate facilities within the institution.    Such  inmates  shall
remain under the jurisdiction and in the custody of the department while
in  said  outside  hospital  and  said  superintendent or director shall
enforce proper measures in each case to safely maintain  such  jurisdic-
tion and custody.
  3.  The cost of transporting inmates between facilities and to outside
hospitals shall be paid from funds appropriated to  the  department  [of
correction] for such purpose.
  S  6.  Paragraph  (b)  of  subdivision  3  and subdivisions 7 and 8 of
section 70 of the correction law, paragraph  (b)  of  subdivision  3  as
amended  by  chapter  261  of  the laws of 1987, subdivisions 7 and 8 as
added by chapter 476 of the  laws  of  1970,  are  amended  to  read  as
follows:
  (b) A correctional camp or a shock incarceration correctional facility
may be established by the department (i) upon land controlled and desig-
nated  by  the  commissioner [of correctional services], or (ii) on land
controlled and designated by the commissioner of parks,  recreation  and
historic  preservation or, in the sixth park region, by the commissioner
of environmental conservation.
  7. The commissioner [of correction] shall have the authority to  enter
into  leases within the amount appropriated therefor, for the purpose of
maintaining or establishing any correctional  facility  or  any  adjunct
thereto.
  8.  The  commissioner  [of  correction]  is  authorized  to enter into
contracts, within the amount appropriated therefor, with any university,
social agency or qualified person to render professional services to any
correctional facility.
  S 7. Section 72-a of the correction law, as added by  chapter  554  of
the laws of 1986, is amended to read as follows:

S. 2812                            134                           A. 4012

  S  72-a.  Community  treatment  facilities.  1.  Transfer  of eligible
inmate. Notwithstanding the provisions of section  seventy-two  of  this
chapter,  any  inmate  confined  in  a  correctional  facility who is an
"eligible inmate" as defined by subdivision two of section eight hundred
fifty-one  of  this  chapter  and  has been certified by the division of
substance abuse services as being in need of substance  abuse  treatment
and rehabilitation may be transferred by the commissioner to a community
treatment facility.
  2.  Designation of facilities. A community treatment facility shall be
designated by the director of the division of substance  abuse  services
and  the  commissioner. Such facility shall be operated by a provider or
sponsoring agency that has provided approved residential substance abuse
treatment services for at least two years duration.
  3. Operating standards. The commissioner, after consultation with  the
director  of  the division of substance abuse services, shall promulgate
rules and regulations which provide for minimum standards of  operation,
including but not limited to the following:
  (a)  provision for adequate security and protection of the surrounding
community;
  (b) adequate physical plant standards;
  (c) provisions for adequate program  services,  staffing,  and  record
keeping; and
  (d) provision for the general welfare of the inmates.
  4.  [Parole]  COMMUNITY  supervision.   The department shall [contract
with the division of parole]  PROVIDE  for  the  provision  of  [parole]
COMMUNITY  supervision  services.  [Pursuant  to such contract, all] ALL
inmates residing in a community treatment facility shall be assigned  to
parole officers for supervision. Such parole officers shall be responsi-
ble  [to  the  division  of  parole] for [the purpose of] providing such
supervision. [As part of its supervisory functions the division shall be
required to provide reports to the department every two months  on  each
inmate  under  its  supervision.  Such reports shall include, but not be
limited to:
  (a) an evaluation of the inmate's participation in such program; and
  (b) a statement of any problems relative to an inmate's  participation
in such program and the manner in which such problems were resolved; and
  (c)  a  recommendation  with respect to the inmate's continued partic-
ipation in the program.]
  5. Reports.  The  department  and  the  division  of  substance  abuse
services  shall  jointly issue quarterly reports including a description
of those facilities [which]  THAT  have  been  designated  as  community
treatment facilities, the number of inmates confined in each facility, a
description  of  the  programs  within  each facility, and the number of
absconders, if any, as well as the nature and number of  re-arrests,  if
any,  during  the [individuals' parole] INDIVIDUAL'S period OF COMMUNITY
SUPERVISION. Copies of such reports, as well as copies of any inspection
report issued by the department or the commission on correction shall be
sent to the director of the budget, the chairman of the  senate  finance
[comittee]  COMMITTEE,  the  chairman of the senate crime and correction
committee, the chairman  of  the  assembly  ways  and  means  [comittee]
COMMITTEE and the chairman of the assembly committee on codes.
  6.  Reimbursement.  (a)  The  commissioner,  in  consultation with the
director of the division of substance abuse services, shall  enter  into
an  agreement  with the division of substance abuse services whereby the
division of substance abuse services will contract with community treat-
ment facilities for provision of services pursuant to this section with-

S. 2812                            135                           A. 4012

in amounts made available by the department. Each contract shall provide
for frequent visitation, inspection of the facility, and enforcement  of
the  minimum  standards  and  shall authorize the supervision of inmates
residing in a community treatment facility by parole officers.
  (b) The commissioner shall promulgate rules and regulations specifying
those  costs  related  to  the  general operation of community treatment
facilities [which] THAT shall be eligible for reimbursement. Such eligi-
ble costs shall not include debt service, whether principal or interest,
or costs for which state or federal aid or  reimbursement  is  otherwise
available.  Such  rules and regulations shall be subject to the approval
of the director of the budget.
  (c) The [division] DEPARTMENT  shall  not  contract  for  [provisions]
PROVISION of services to more than fifty inmates at any one facility.
  (d) At least thirty days prior to final approval of any such contract,
a  copy  of  the  proposed contract shall be sent to the director of the
budget, the chairman of the senate finance committee,  the  chairman  of
the  senate crime and correction committee, the chairman of the assembly
ways and means committee, and the chairman of the assembly committee  on
codes.
  S  8. Section 73 of the correction law, as added by chapter 476 of the
laws of 1970, subdivision 6 as amended by chapter 843  of  the  laws  of
1980, is amended to read as follows:
  S  73.  Residential  treatment  facilities.    1. The commissioner may
transfer any inmate of a  correctional  facility  who  is  eligible  for
[parole]  COMMUNITY SUPERVISION or who will become eligible for [parole]
COMMUNITY SUPERVISION within six months after the date  of  transfer  or
who  has  one  year  or  less  remaining  to  be served under his OR HER
sentence to a residential treatment facility  and  such  person  may  be
allowed to go outside the facility during reasonable and necessary hours
to  engage  in  any  activity reasonably related to his OR HER rehabili-
tation and in accordance with the program established for  him  OR  HER.
While outside the facility he OR SHE shall be at all times in the custo-
dy of the department [of correction] and under [the] ITS supervision [of
the state division of parole].
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing  appropriate  education,  on-the-job  training  and  employment  for
inmates transferred to residential treatment facilities. The  [division]
DEPARTMENT  also shall supervise such inmates during their participation
in activities outside any such facility and at all times while they  are
outside any such facility.
  3. Programs directed toward the rehabilitation and total reintegration
into  the  community  of  persons transferred to a residential treatment
facility shall be established [jointly by the department  of  correction
and  the  division  of parole]. Each inmate shall be assigned a specific
program by the superintendent of the facility and a  written  memorandum
of such program shall be delivered to him OR HER.
  4. If at any time the superintendent of a residential treatment facil-
ity  is  of  the  opinion  that any aspect of the program assigned to an
individual is inconsistent with the welfare or safety of  the  community
or  of  the facility or its inmates, the superintendent may suspend such
program or any part thereof and restrict the inmate's activities in  any
manner  that  is  necessary and appropriate. Upon taking such action the
superintendent shall promptly notify the  commissioner  [of  correction]
and  pending  decision  by the commissioner, the superintendent may keep
such inmate under such security as may be necessary.

S. 2812                            136                           A. 4012

  5. The commissioner may at any time and for  any  reason  transfer  an
inmate  from  a  residential  treatment facility to another correctional
facility. [The chairman of the state board of  parole  may  request  the
commissioner  of  correction  to  transfer a person out of a residential
treatment  facility  if  at any time the chairman is of the opinion that
such person should no longer be allowed to follow a program that permits
him to engage in activities in the community. Upon receipt of  any  such
request,  the  commissioner  shall  forthwith  transfer  the inmate to a
correctional facility other than a residential treatment facility.]
  6. Where a person who is an inmate of a residential treatment facility
absconds, or fails  to  return  thereto  as  specified  in  the  program
approved  for  him  OR HER, he OR SHE may be arrested and returned by an
officer or employee of the department [of correction or the division  of
parole]  or  by any peace officer, acting pursuant to his OR HER special
duties, or police officer without a warrant; [or a member of  the  board
of  parole  or  an  officer of the division of parole designated by such
board] OR THE DEPARTMENT may issue a warrant for the  retaking  of  such
person.  A  warrant  issued  pursuant to this subdivision shall have the
same force and effect, and shall be executed in the same  manner,  as  a
warrant issued for violation of [parole] COMMUNITY SUPERVISION.
  7. The provisions of this chapter relating to good behavior allowances
and  conditional  release  shall  apply  to  behavior  of  inmates while
assigned to a residential treatment facility for behavior on  the  prem-
ises  and outside the premises of such facility and good behavior allow-
ances may be granted, withheld, forfeited or cancelled in  whole  or  in
part  for  behavior  outside  the  premises  of the facility to the same
extent and in the same manner as is  provided  for  inmates  within  the
premises of any facility.
  8. The STATE board of parole may grant parole to any inmate of a resi-
dential  treatment facility at any time after he OR SHE becomes eligible
therefor. Such parole shall be in accordance with provisions of law that
would apply if the person were still confined in the facility from which
he OR SHE was transferred, except that any  personal  appearance  before
the board may be at any place designated by the board.
  9.  The  earnings  of  any  inmate of a residential treatment facility
shall be dealt with in  accordance  with  the  procedure  set  forth  in
section eight hundred [fifty-seven] SIXTY of this chapter.
  10.  The  commissioner [of correction and the chairman of the board of
parole are] IS authorized to [enter into an agreement for the] use  [of]
any residential treatment facility as a residence for persons who are on
[parole  or  conditional  release,  and persons under supervision of the
board of parole] COMMUNITY SUPERVISION. PERSONS who  reside  in  such  A
facility shall be subject to conditions of [parole or release] COMMUNITY
SUPERVISION imposed by the [board] DEPARTMENT.
  S  9.  Subdivision  3 of section 90 of the correction law, as added by
chapter 478 of the laws of 1970, is amended to read as follows:
  3. To expand the use of programs designed to bridge  the  gap  between
incarceration and activities in the community, through the use of insti-
tutions  operated  by  local  government  as  facilities for residential
treatment  of  persons  in  the  custody  of  the  state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 10. Section 91 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S  91.  Agreements  for  custody  of definite sentence inmates. 1. The
state commissioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
may enter into an agreement with any county or with the city of New York

S. 2812                            137                           A. 4012

to  provide  for  custody  by  the  state  department  of   [correction]
CORRECTIONS  AND  COMMUNITY  SUPERVISION of persons who receive definite
sentences of imprisonment with terms in excess of ninety days who other-
wise  would serve such sentences in the jail, workhouse, penitentiary or
other local correctional institution maintained by such locality.
  2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person  in  charge  of  such  county
institution  and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New  York  may
be  made  with  the commissioner of correction of that city and shall be
subject to the approval of the mayor.
  3. An agreement made under this section shall not require the locality
to pay the cost of treatment, maintenance and custody furnished  by  the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
and shall contain at least the following provisions:
  (a) A provision specifying the minimum length of the term of imprison-
ment of  persons  who  may  be  received  by  the  state  department  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION under the agreement,
which may be any term in excess of ninety days agreed to by the  parties
and which need not be the same in each agreement;
  (b)  A  provision  that  no charge will be made to the state or to the
state department of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
or  to any of its institutions during the pendency of such agreement for
delivery of inmates to the state department of [correction]  CORRECTIONS
AND  COMMUNITY  SUPERVISION  by  officers  of the locality, and that the
provisions of section six hundred two of this chapter or of any  similar
law shall not apply for delivery of inmates during such time;
  (c) A provision that no charge shall be made to or shall be payable by
the state during the pendency of such agreement for the expense of main-
taining parole violators pursuant to section two hundred sixteen of this
chapter,  for  the expense of maintaining coram nobis prisoners pursuant
to section six hundred one-b of this chapter, for the expense  of  main-
taining  felony  prisoners pursuant to section six hundred one-c of this
chapter, or for the expense of maintaining alternative local reformatory
inmates pursuant to section eight hundred  thirty-five  in  institutions
maintained by the locality;
  (d)  A provision, approved by the state comptroller, for reimbursement
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION by the locality for expenses incurred under  subdivision  two  or
three  of  section  one  hundred twenty-five of this chapter relating to
clothing, money and transportation furnished upon release  or  discharge
of inmates delivered to the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION pursuant to the agreement;
  (e)  Designation  of  the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;
  (f)  Any  other  provision  the  state  commissioner  of  [correction]
CORRECTIONS AND COMMUNITY SUPERVISION may deem necessary or appropriate;
and
  (g)  A provision giving either party the right to cancel the agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.
  4. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.

S. 2812                            138                           A. 4012

  S 11. Section 92 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 92. Effect of agreement for custody of definite sentence inmates. 1.
After a copy of an agreement made under section ninety-one of this arti-
cle  is  filed  with  the  secretary  of  state,  all  commitments under
sentences covered by the agreement by courts in the county  or  city  to
which  it  applies  shall  be  deemed  to be to the custody of the state
department of [correction] CORRECTIONS  AND  COMMUNITY  SUPERVISION  and
shall be so construed and interpreted irrespective of the institution or
agency to which the commitments are made.
  2.  Any  inmate  who  is serving a term of imprisonment covered by the
agreement imposed prior to the filing of such agreement, and any  inmate
who  is  under  consecutive  definite  sentences of imprisonment with an
aggregate term of the length covered by the agreement,  irrespective  of
whether one or more of such sentences was imposed prior to the filing of
the agreement, may be transferred to the care of the state department of
[correction]  CORRECTIONS  AND COMMUNITY SUPERVISION upon request of the
head of the county or city institution and approval of the state commis-
sioner of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  3. Inmates who are deemed  committed  to  the  custody  of  the  state
department  of  [correction] CORRECTIONS AND COMMUNITY SUPERVISION under
subdivision one of this section, or who may be transferred to  the  care
of the state department of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION under subdivision two of this section, shall be dealt with in all
respects  in  the same manner as inmates committed to the custody of the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  4. In the event any such agreement is cancelled, inmates delivered  to
the  state  department  of [correction] CORRECTIONS AND COMMUNITY SUPER-
VISION prior to the date of cancellation shall continue to  serve  their
sentences  in  the custody of such department and the provisions of such
agreement shall continue to apply with respect to such inmates.  A  copy
of the notice of cancellation shall be filed with the secretary of state
and with the clerks of courts in the manner provided in subdivision four
of section ninety-one of this article, and no inmates shall be delivered
to  the  custody of the state department of [correction] CORRECTIONS AND
COMMUNITY SUPERVISION under such agreement after the date on which  such
cancellation becomes effective.
  S 12. Section 93 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 93. Temporary custody of sentenced inmates in emergencies.  1. When-
ever a state of emergency shall be declared by the chief executive offi-
cer  of a local government pursuant to section two hundred nine-m of the
general municipal law, the chief executive  officer  of  the  county  in
which such state of emergency is declared, or where a county or counties
are  wholly within a city the mayor of such city, may request the gover-
nor to remove all or any number of sentenced inmates  from  institutions
maintained  by such county or city. Upon receipt of such request, if the
governor is satisfied that the public interest so requires, the governor
may, in his discretion, authorize and direct the state  commissioner  of
[correction]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  to  remove  such
inmates.
  2. Upon receipt of  any  such  direction  the  state  commissioner  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION shall transport such
inmates to any correctional facility in the department and such  inmates
shall  be retained in the custody of the department, subject to all laws
and rules and regulations pertaining to inmates in the  custody  of  the

S. 2812                            139                           A. 4012

department,  until  returned  to  the  institution  from which they were
removed or discharged or released in accordance with the law.
  3.  In the event that the state department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION does not have space in its correctional facil-
ities to accommodate all or any number of the inmates so removed from  a
local institution, the commissioner [of correction] shall have the power
to  lodge  any  number  of such inmates in any county jail, workhouse or
penitentiary within the state that has room to  receive  them  and  such
institution shall be required to receive such inmates. Inmates so lodged
shall  be  subject  to  all  rules and regulations pertaining to inmates
committed to such institution until returned  to  the  institution  from
which they were removed, or removed to a state correctional facility, or
discharged  or  released  in accordance with the law; provided, however,
that inmates discharged or released  from  any  such  local  institution
shall be entitled to receive clothing, money and transportation from the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
to the same extent as  inmates  discharged  or  released  from  a  state
correctional facility.
  4. When sentenced inmates have been removed from a penitentiary pursu-
ant  to  this  section, such penitentiary may be used for the purpose of
detention of prisoners awaiting trial or for any other purpose to  which
a county jail may be put.
  5. The original order of commitment and any other case record pertain-
ing  to  inmates  removed pursuant to this section shall be delivered to
the head of any institution in which he OR SHE may be lodged  and  shall
be  returned  to the institution from which he OR SHE was removed at the
time of his return to such institution or upon his  OR  HER  release  or
discharge in accordance with the law.
  6. Inmates removed from a local institution pursuant to a request made
under  subdivision  one of this section may be returned to such institu-
tion by the state commissioner of [correction] CORRECTIONS AND COMMUNITY
SUPERVISION, subject to the approval of the governor, at any  time  such
commissioner  is satisfied that the return of such inmates is not incon-
sistent with the public interest.
  7. The county or city maintaining the institution from  which  inmates
are  removed pursuant to subdivision one of this section shall be liable
for all damages arising out  of  any  act  performed  pursuant  to  this
section and for reimbursement for the following items:
  (a)  The  cost  of clothing, money and transportation furnished to any
inmate who is released or discharged prior to the return of such  inmate
to  the institution from which he OR SHE is removed shall be paid to the
state department of [correction] CORRECTIONS AND COMMUNITY  SUPERVISION;
and
  (b)  The cost of maintaining any inmate in a county jail, workhouse or
penitentiary shall be paid to the local government that  maintains  such
institution.  Such  cost  shall  be the actual per capita daily cost, as
certified to the state  commissioner  of  [correction]  CORRECTIONS  AND
COMMUNITY SUPERVISION.
  S 13. Section 94 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S  94.  Use of local government institutions for residential treatment
of persons under the custody of the  state  department  of  [correction]
CORRECTIONS  AND  COMMUNITY SUPERVISION.   1.  The state commissioner of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION is hereby  authorized
to  transfer  any inmate under the care or custody of the department who
is eligible to be transferred to a residential treatment facility  under

S. 2812                            140                           A. 4012

section  seventy-three  of this chapter to any county jail, workhouse or
penitentiary for the purpose of having such inmate engage in a  residen-
tial treatment facility program; provided, however, that:
  (a)  Such  inmate  has  resided  or  was employed or has dependents or
parents who reside in the county, or in a county that is  contiguous  to
the county, in which the institution to which he would be transferred is
located;
  (b)  Arrangements  have been made for the education, on-the-job train-
ing, employment or for  some  other  rehabilitative  treatment  of  such
inmate  in  the county, or in a county that is contiguous to the county,
in which the institution to which he would be  transferred  is  located;
and
  (c)   The  sheriff,  warden,  superintendent,  local  commissioner  of
correction or other person in charge of the  institution  to  which  the
inmate would be transferred consents to such transfer.
  2. An inmate so transferred shall continue to be in the custody of the
state  department  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION
but shall, during the period of such transfer, be in  the  care  of  the
head  of  the  institution  to  which  he  OR  SHE is transferred.   The
provisions of section seventy-three of this chapter shall apply  in  the
case  of any such transfer as fully and completely as if the inmate were
transferred to a residential treatment facility, and  the  head  of  the
institution  to  which  the  inmate  is transferred and the officers and
employees thereof shall have and may exercise all of the powers  of  the
superintendent  of  a residential treatment facility with respect to the
care or custody of such inmate.
  In any case where an inmate is employed, however,  the  provisions  of
subdivision  nine  of such section seventy-three shall not apply and the
wages or salary of such inmate shall be dealt with under the  provisions
applicable to a work release program in the type of institution to which
he  is transferred as provided in sections one hundred fifty-four, eight
hundred seventy-two or eight hundred ninety-three as the  case  may  be;
and in the event such inmate is returned to a state correctional facili-
ty,  any  balance remaining in the trust fund account shall be paid over
to the superintendent of such facility and shall be deposited by him  OR
HER  as  inmates'  funds pursuant to section one hundred sixteen of this
chapter.
  3. If at any time the head of a local institution to which  an  inmate
is  transferred under this section is of the opinion that continued care
of such inmate in such institution is inconsistent with the  welfare  or
safety  of the community or of the institution or its inmates, he OR SHE
may request the state commissioner to return  such  inmate  to  a  state
correctional  facility  and,  upon  the receipt of any such request, the
commissioner shall cause such inmate to be so returned promptly  and  at
the  expense  of  the  state  department of [correction] CORRECTIONS AND
COMMUNITY SUPERVISION.
  4. The expenses of any such  transfer  shall  be  paid  by  the  state
department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner is hereby authorized to reimburse the local institution for
a  sum  determined  by  the  head  of  such institution and agreed to in
advance by the [state] commissioner [of correction] to be  the  cost  of
food,  lodging  and  clothing within the institution, and the actual and
necessary food, travel and other expenses required for a program outside
the institution, incurred or  advanced  by  the  institution;  provided,
however, that:

S. 2812                            141                           A. 4012

  (a)  In  any case where the [state] commissioner [of correction] has a
pending agreement with a locality under section ninety-one of this arti-
cle, the [commmissioner of correction] COMMISSIONER shall not  reimburse
the local institution for any cost incurred for food, lodging and cloth-
ing within the institution; and
  (b) The wages or salary, if any, of such inmate shall be used for such
reimbursement  and shall be applied to defray any costs authorized to be
paid under this section before any amount shall be paid by  the  commis-
sioner [of correction] hereunder, and any such wages or salary may be so
applied irrespective of the provisions of paragraph (a) of this subdivi-
sion.
  S  14.  Section 116 of the correction law, as amended by section 42 of
part A-1 of chapter 56 of the laws  of  2010,  is  amended  to  read  as
follows:
  S  116.  Inmates'  funds.  The warden or superintendent of each of the
institutions within the jurisdiction of the department  of  [correction]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall deposit at least once in
each week to his OR HER credit as such  warden,  or  superintendent,  in
such  bank  or  banks  as  may be designated by the comptroller, all the
moneys received by him OR HER as  such  warden,  or  superintendent,  as
inmates' funds, and send to the comptroller and also to the commissioner
[of  correction] monthly, a statement showing the amount so received and
deposited. Such statement of deposits shall be certified by  the  proper
officer  of  the bank receiving such deposit or deposits. The warden, or
superintendent, shall also verify by his OR HER affidavit that  the  sum
so  deposited  is all the money received by him OR HER as inmates' funds
during the month. Any bank in which such deposits shall be  made  shall,
before  receiving any such deposits, file a bond with the comptroller of
the state, subject to his OR HER approval, for such sum  as  he  OR  SHE
shall  deem  necessary.  Upon  a  certificate  of approval issued by the
director of the budget, pursuant to the  provisions  of  section  fifty-
three  of the state finance law, the amount of interest, if any, hereto-
fore accrued and hereafter to accrue on moneys so deposited,  heretofore
and  hereafter  credited  to  the warden, or superintendent, by the bank
from time to time, shall be available for expenditure by the warden,  or
superintendent,  subject  to  the  direction  of  the  commissioner, for
welfare work among the inmates in his custody. The withdrawal of  moneys
so  deposited  by  such  warden,  or  superintendent, as inmates' funds,
including any interest so credited, shall  be  subject  to  his  OR  HER
check.  Each  warden,  or  superintendent,  shall each month provide the
comptroller and also the commissioner with a record of  all  withdrawals
from  inmates' funds. As used in this section, the term "inmates' funds"
means the funds in the possession of the inmate at the time  of  his  OR
HER  admission  into  the  institution,  funds  earned  by him OR HER as
provided in section one hundred eighty-seven of  this  chapter  and  any
other funds received by him OR HER or on his OR HER behalf and deposited
with  such  warden  or  superintendent  in accordance with the rules and
regulations of the commissioner. Whenever the total  unencumbered  value
of funds in an inmate's account exceeds ten thousand dollars, the super-
intendent shall give written notice to the office of victim services.
  S  15. Subdivision 2 of section 120 of the correction law, as added by
chapter 202 of the laws of 2007, is amended to read as follows:
  2. Nothing in this section shall limit in any way the authority of the
commissioner, or any county or the city of New York, to enter  into  any
contract  authorized  by  subdivision  eighteen  of section two, section
seventy-two-a,  section  seventy-three,  section  ninety-five,   article

S. 2812                            142                           A. 4012

five-A  or article twenty-six of this chapter, or to limit the responsi-
bility of the [state division of parole] DEPARTMENT OF  CORRECTIONS  AND
COMMUNITY   SUPERVISION  to  supervise  inmates  or  [parolees]  PERSONS
RELEASED  TO COMMUNITY SUPERVISION while away from an institution pursu-
ant to section seventy-two-a, section seventy-three or  article  twenty-
six  of  this  chapter  or  while confined at a drug treatment campus as
defined in subdivision twenty of section two of this chapter.
  S 16. Section 140-a of the correction law, as added by  section  2  of
part  UU  of  chapter  56  of  the  laws  of 2009, is amended to read as
follows:
  S 140-a. Pilot project for filing medical assistance applications  for
inmates  prior  to  their  release. 1. Subject to the availability of an
appropriation of no less than two hundred thousand dollars, the  commis-
sioner,  after  consultation  with  the chairman of the [division] STATE
BOARD of parole, the commissioner of the department of health,  and  the
commissioner of the office of temporary and disability assistance, shall
establish  a pilot program at a designated correctional facility for the
purpose of filing applications for enrollment in the medical  assistance
program  established  under  title  eleven of article five of the social
services law for eligible inmates prior to their release to the communi-
ty; provided, however, that the commissioner shall  not  establish  such
pilot program at the Orleans correctional facility. For purposes of this
pilot  program,  eligible inmates shall not include any inmates who were
receiving such medical assistance immediately prior to their  commitment
to  the department and whose medical assistance was thereafter suspended
pursuant to the provisions of subdivision one-a of section three hundred
sixty-six of the social services law.
  2. In determining the facility where the pilot program shall be estab-
lished, the commissioner shall give due consideration to  the  following
factors,  which  shall include, but not be limited to: (i) the degree to
which pre-release services and  re-entry  services  are  either  already
available  at  such  facility  or  can be made readily available at such
facility; (ii) the proximity of the facility to the communities to which
the eligible inmates will be released; (iii) the availability of  commu-
nity  linkages  which would facilitate the preparation and submission of
such medical assistance applications for eligible inmates; and (iv)  the
recommendations of the commissioner of the office of temporary and disa-
bility  assistance, the commissioner of the department of health and the
chairman of the [division] STATE BOARD of parole.
  3. The commissioner may use the appropriation for this  pilot  program
to  establish  one or more department positions to perform any responsi-
bilities [which] THAT may arise in connection with the  preparation  and
submission of such medical assistance applications. The commissioner may
also  use  the appropriation to enter into any contract with one or more
outside individuals or entities to provide  any  services  that  may  be
needed  in connection with this pilot program. Further, all or a portion
of the funds appropriated for the pilot program may  be  transferred  to
another  state  agency  in  order  to establish positions to perform any
responsibilities which may be necessary to operate the pilot program.
  4. Applications for medical  assistance  shall  be  submitted  to  the
statewide  enrollment center established by contract with the department
of health pursuant to subdivision twenty-four of section two hundred six
of the public health law  in  sufficient  time  before  the  anticipated
release,  conditional  release  or  discharge  of the eligible inmate to
permit the enrollment center to process the application  prior  to  such
inmate's  release  from  the  custody; provided, however, that where the

S. 2812                            143                           A. 4012

eligible inmate will be released to the  same  county  where  the  pilot
program  is  established,  the application for medical assistance may be
filed with the local county department of social services.
  5.  Upon receipt of an application filed pursuant to this section, the
centralized statewide enrollment center shall determine the  eligibility
of  such  inmate for enrollment in the medical assistance program estab-
lished under title eleven of article five of the  social  services  law.
Such  determination shall be based on whether the inmate, except for his
or her status as an inmate, would be eligible to receive medical assist-
ance. Notwithstanding any inconsistent provision of law,  enrollment  in
the  medical assistance program shall be effective on the date an eligi-
ble inmate is released, conditionally released or discharged from custo-
dy in a department facility to  the  community.  The  commissioner,  the
commissioner  of  the state department of health and the chairman of the
state [division] BOARD of parole shall determine the process for issuing
the medical assistance identification card so that  the  applicant  will
receive appropriate documentation of [his/her] HIS OR HER eligibility of
medical  assistance either upon release or as soon thereafter as practi-
cable.
  6. After the pilot program becomes operational, the commissioner shall
periodically monitor all indicators related to the preparation and proc-
essing of inmate applications which shall include, but  not  be  limited
to:  (i)  the  degree  to  which all of the requisite information for an
application can be obtained while the  inmate  is  incarcerated  by  the
department;  (ii)  the  average processing times to prepare and complete
applications; (iii) the most effective manner for the transmittal  of  a
completed application for an eligibility determination; (iv) the average
amount  of  time  required  before  an  eligibility determination can be
completed and the  necessary  medical  assistance  eligibility  card  is
provided  to  the  eligible  individual;  and  (v) the identification of
issues and factors which may prevent, impede, or delay  the  preparation
and  submission of applications, which could be ameliorated by modifica-
tions to existing laws, rules and regulations, or  policies  and  proce-
dures.
  7. After the pilot program has been operational for a period of twelve
months, or sooner if determined to be appropriate by the commissioner, a
report shall be prepared by the commissioner and submitted to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly  on  the  factors  listed  in  subdivision six of this section. Such
report shall also include any recommendations for additional legislative
enactments that may  be  needed,  or  new  appropriations  that  may  be
required,  to  improve,  enhance  and subsequently expand the program to
other correctional facilities as determined to  be  appropriate  by  the
commissioner, with the ultimate goal to assist as many inmates as feasi-
ble to submit applications for medical assistance prior to their release
to the community.
  8. The [division] STATE BOARD of parole shall assist the department in
any  manner  necessary to assure that the purposes and objective of this
section are effectively accomplished.
  9. The commissioner and the commissioner of the department  of  health
may promulgate rules and regulations necessary for the uniform and time-
ly preparation, submission, acceptance and processing of applications by
eligible inmates prior to their release from custody.
  S  17.  Section 148 of the correction law, as amended by chapter 81 of
the laws of 1964, is amended to read as follows:

S. 2812                            144                           A. 4012

  S 148. Psychiatric  and  diagnostic  clinics.    The  commissioner  of
[correction and the chairman of the board of parole are] CORRECTIONS AND
COMMUNITY  SUPERVISION  IS  hereby authorized and directed to assist and
cooperate with the commissioner of mental [hygiene] HEALTH in the estab-
lishment  and  conduct of such psychiatric and diagnostic clinics in the
institutions and facilities under their jurisdiction as such commission-
ers [and chairman] may deem necessary  within  the  amount  appropriated
therefor.  The  persons conducting the work of such clinics shall deter-
mine the physical and mental condition of all inmates serving  an  inde-
terminate  term,  having  a  minimum of one day and a maximum of natural
life, and of such other inmates whose criminal record, behavior or other
factors indicate to those in charge of such clinics the  need  of  study
and  treatment.  The  work of the clinics shall include scientific study
and psychiatric evaluation of each such inmate,  including  his  OR  HER
career  and  life  history,  investigation of the cause of the crime and
recommendations for the care, training and employment  of  such  inmates
with  a view to their reformation and to the protection of society. Each
of the different phases of the work of the clinics shall be  so  coordi-
nated  with  all  the  other  phases of clinic work as to be a part of a
unified and comprehensive scheme in the  study  and  treatment  of  such
inmates.  After  classification  in  the clinics the inmate sentenced to
state prison shall be certified to the warden and recommendation made to
the commissioner of [correction] CORRECTIONS AND  COMMUNITY  SUPERVISION
as to their disposition.
  S  18. Section 168-g of the correction law, as added by chapter 192 of
the laws of 1995, is amended to read as follows:
  S 168-g. Prior convictions; duty to  inform  and  register.    1.  The
[division  of parole] DEPARTMENT or [department] OFFICE of probation and
correctional alternatives in accordance with risk  factors  pursuant  to
section  one  hundred  sixty-eight-l of this article shall determine the
duration of registration and notification for every sex offender who  on
the  effective date of this article is then on [parole] COMMUNITY SUPER-
VISION or probation for an offense provided for in  subdivision  two  or
three of section one hundred sixty-eight-a of this article.
  2.  Every  sex  offender  who on the effective date of this article is
then on [parole] COMMUNITY  SUPERVISION  or  probation  for  an  offense
provided  for  in subdivision two or three of section one hundred sixty-
eight-a of this article shall within ten calendar days of such  determi-
nation  register  with his parole or probation officer. On each anniver-
sary of the sex offender's initial  registration  date  thereafter,  the
provisions  of  section  one hundred sixty-eight-f of this article shall
apply.  Any sex offender who fails or refuses  to  so  comply  shall  be
subject  to the same penalties as otherwise provided for in this article
which would be imposed upon a sex offender who fails or  refuses  to  so
comply  with  the  provisions of this article on or after such effective
date.
  3. It shall be the duty of the parole or probation officer  to  inform
and  register such sex offender according to the requirements imposed by
this article. A parole or probation officer shall give one copy  of  the
form to the sex offender and shall, within three calendar days, send two
copies  electronically  or  otherwise to the [division] DEPARTMENT which
shall forward one copy electronically or otherwise to the  law  enforce-
ment  agency having jurisdiction where the sex offender resides upon his
[parole] OR HER COMMUNITY SUPERVISION, probation, or [upon any  form  of
state or] local conditional release.

S. 2812                            145                           A. 4012

  4.  A  petition  for  relief from this section is permitted to any sex
offender required to register while released [on  parole]  TO  COMMUNITY
SUPERVISION  or  probation pursuant to section one hundred sixty-eight-o
of this article.
  S  19.  Subdivision 1 of section 168-1 of the correction law, as added
by chapter 192 of the laws of 1995, is amended to read as follows:
  1. There shall be a board of examiners of sex  offenders  which  shall
possess  the  powers  and duties hereinafter specified. Such board shall
consist of five members appointed by the governor. Three  members  [who]
shall  be  experts  in  the  field  of the behavior and treatment of sex
offenders AND shall be employees of the  [division  of  parole  and  the
remaining  two members shall be from the] department. The term of office
of each member of such board shall be for six years; provided,  however,
that  any  member  chosen  to fill a vacancy occurring otherwise than by
expiration of term shall be appointed for the remainder of the unexpired
term of the member whom he OR SHE is to succeed. In  the  event  of  the
inability  to act of any member, the governor may appoint some competent
informed person to act in his OR HER stead  during  the  continuance  of
such disability.
  S  20.  Section 168-m of the correction law, as amended by chapter 453
of the laws of 1999, is amended to read as follows:
  S 168-m. Review. Notwithstanding any other provision  of  law  to  the
contrary, any state or local correctional facility, hospital or institu-
tion,  district  attorney, law enforcement agency, probation department,
[division] STATE BOARD of parole, court or child protective agency shall
forward  relevant  information  pertaining  to  a  sex  offender  to  be
discharged, paroled, released to post-release supervision or released to
the  board for review no later than one hundred twenty days prior to the
release or  discharge  and  the  board  shall  make  recommendations  as
provided in subdivision six of section one hundred sixty-eight-l of this
article within sixty days of receipt of the information. Information may
include,  but may not be limited to all or a portion of the arrest file,
prosecutor's file, probation or  parole  file,  child  protective  file,
court  file, commitment file, medical file and treatment file pertaining
to such person. Such person shall be permitted to submit  to  the  board
any  information  relevant  to  the  review. Upon application of the sex
offender or the district attorney, the court shall seal any  portion  of
the  board's  file  pertaining to the sex offender [which] THAT contains
material that is confidential under any state or federal law;  provided,
however,  that  in  any subsequent proceedings in which the sex offender
who is the subject of the sealed record is a party  and  which  requires
the  board  to  provide  a  recommendation to the court pursuant to this
article, such sealed record shall be available to the sex offender,  the
district attorney, the court and the attorney general where the attorney
general is a party, or represents a party, in the proceeding.
  S  21.  Subdivision 1 of section 184 of the correction law, as amended
by chapter 166 of the laws of 1991, is amended to read as follows:
  1. The commissioner  [of  correctional  services]  is  authorized  and
directed  to  cause to be manufactured or prepared by the inmates in the
state correctional facilities, such articles  as  are  needed  and  used
therein,  and  also, such articles as are required by the state or poli-
tical subdivisions thereof, and in the  buildings,  offices  and  public
institutions  owned  or  managed  and controlled by the state, including
articles and materials to be used in the erection of the buildings,  and
including  material for the construction, improvement or repair of high-
ways, streets and roads.

S. 2812                            146                           A. 4012

  S 22. Subdivisions 1 and 3 of section 186 of the  correction  law,  as
amended  by chapter 166 of the laws of 1991 and subdivision 3 as amended
by chapter 83 of the laws of 1995, are amended to read as follows:
  1.  The  commissioner  [of  correctional services] shall establish the
prices at which all services performed, and all articles manufactured in
the correctional facilities in this state, and furnished to  the  state,
or  the  political  subdivisions  thereof, or to the public institutions
thereof, or to public benefit corporations, authorities or  commissions.
However, prices for goods or services furnished by the local correction-
al  facilities  to  or  for the county in which they are located, or the
political subdivisions thereof, shall be fixed by the board of  supervi-
sors of such counties, except the counties located within New York city,
in  which the prices shall be fixed by the commissioner [of correction].
It shall also be the duty of such boards, respectively, to classify  the
buildings,  offices  and institutions owned or managed and controlled by
the state, and the political subdivisions thereof, and to fix and deter-
mine the styles, patterns, designs and qualities of the articles  to  be
manufactured for such buildings, offices and public institutions, except
where  the  same have been fixed or their specifications approved by the
office of general services in the executive department. So far as  prac-
ticable,  all supplies used in such buildings, offices and public insti-
tutions shall be uniform for each class, and of  the  styles,  patterns,
designs  and  qualities  that  can  be  manufactured in the correctional
facilities in this state.
  3. A purchaser of any such product or services may, at any time  prior
to  or within thirty days of the time of sale, appeal the purchase price
on the basis that it unreasonably  exceeds  fair  market  price.    Such
appeal  shall be raised in a form to be provided for by the commissioner
pursuant to rule and shall include a verified  statement  setting  forth
the  basis  of  an alternative fair market price determined according to
the standards for establishing prices set forth in  subdivision  two  of
this section.
  An  appeal brought by such a purchaser as to the reasonableness of the
fair market price  established  pursuant  to  subdivision  two  of  this
section shall be decided by majority vote of a three-member price review
board  consisting  of  the  director of the budget, the commissioner [of
correctional services] and the commissioner of  the  office  of  general
services or their representatives.
  All  hearings  before such price review board shall be governed by the
rules to be adopted and prescribed by such board. The hearings  of  such
board  may,  in  the discretion of a majority of its members, be open to
the public, but shall not be bound by the technical rules  of  evidence.
The  price  review  board  shall permit the parties to such an appeal to
present such evidence, in person or  through  their  attorneys,  as  the
board  may  deem  necessary for its determination. A stenographic record
shall be kept of any proceeding before such board and  the  decision  of
the board shall be in writing and state the reasons for such decision.
  The  decision  of  such  board  as  to the reasonableness of the price
established by the commissioner shall be conclusive on all parties.   If
the board finds that a price unreasonably exceeds the fair market price,
it  may adjust the sales price with respect to such purchaser. Prices so
adjusted shall otherwise apply prospectively to  purchases  made  subse-
quent  to  such adjustment until such time as new prices are established
pursuant to subdivision two of this section.  In the event that  payment
has  been  made,  upon  such adjustment of price, any excess paid to the
state shall be refunded to such purchaser on a  voucher  signed  by  the

S. 2812                            147                           A. 4012

commissioner  within  amounts available therefor or at the option of the
purchaser, the commissioner may credit such  excess  amount  toward  any
future purchase.
  S 23. Section 190 of the correction law is amended to read as follows:
  S  190. Monthly statement of receipts and expenditures for industries.
The warden of each of the state prisons shall,  on  the  first  of  each
month,  make  a  full  detailed statement of all materials, machinery or
other property procured, and of the cost thereof, and  of  the  expendi-
tures  made  during the last preceding month for manufacturing purposes,
together with a statement of all materials then on hand to  be  manufac-
tured,  or in process of manufacture, or manufactured, and of machinery,
fixtures or other appurtenances for the purpose of carrying on the labor
of the prisoners, and the amount and kinds of work done, and  the  earn-
ings  realized,  and  the  total amount of moneys coming into his OR HER
hands as such warden during such last preceding month as the proceeds of
the labor of the prisoners at such  prison,  which  statement  shall  be
verified by the oath of such warden to be just and true, and shall be by
him OR HER forwarded to the department [of correction].
  S  24.  Subdivisions  1 and 2 of section 275 of the correction law, as
added by section 1 of part SS of chapter 56 of the  laws  of  2009,  are
amended to read as follows:
  1.    If a person who has been granted conditional release pursuant to
this article resides or desires to reside in a place other than the  one
located within the jurisdiction of the commission which has legal custo-
dy of such person, such commission, or any member thereof, may designate
any  other  commission  established  pursuant  to  this  article, or the
[parole board] DEPARTMENT, to assume custody of such person and  may  so
transfer  custody  upon  the  consent  of  such  other commission or the
[parole board] DEPARTMENT.
  2. Where custody of a person who has been granted conditional  release
pursuant  to  this article is transferred pursuant to subdivision one of
this section, upon designation and prior  to  transfer,  the  commission
making the designation shall notify the commission which has been desig-
nated  to receive custody of such transfer or the [parole board] DEPART-
MENT. The commission making the designation  shall  immediately  forward
its entire case record regarding such person to the receiving commission
or the [parole board] DEPARTMENT.  The commission to which legal custody
has been transferred, or the [parole board] DEPARTMENT, shall assume the
same powers and duties exercised by the designating commission and shall
have the sole custody of such person.
  S 25. Section 315 of the correction law is REPEALED.
  S 26. Article 17 of the correction law is REPEALED.
  S 27. Article 18 of the correction law is REPEALED.
  S  28.  Subdivisions  2  and  3  of section 504 of the correction law,
subdivision 2 as amended by section 8 of part Q of  chapter  56  of  the
laws  of 2009 and subdivision 3 as amended by chapter 799 of the laws of
1974, are amended to read as follows:
  2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate disturbance or other
extraordinary circumstances, including but  not  limited  to  a  natural
disaster,  unanticipated  deficiencies  in the structural integrity of a
facility or the inability to provide one or more inmates with  essential
services  such  as medical care, upon the request of the municipal offi-
cial as defined in subdivision four of section forty of this chapter and
no other suitable place within the county nor  the  jail  of  any  other
county is immediately available to house some or all of the inmates, the

S. 2812                            148                           A. 4012

commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  may,  in  his  or her sole discretion, make available, upon such
terms and conditions as he OR SHE may deem appropriate, all or any  part
of  a  state correctional institution for the confinement of some or all
of such inmates as an adjunct to the county jail for  a  period  not  to
exceed thirty days.  However, if the county jail remains unfit or unsafe
for  the  confinement of some or all of such inmates beyond thirty days,
the state commission of correction, with the consent of the commissioner
of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,  may
extend  the  availability of a state correctional institution for one or
more additional thirty day periods. The state commission  of  correction
shall  promulgate rules and regulations governing the temporary transfer
of inmates to state correctional institutions from county jails, includ-
ing but not limited to provisions for confinement of such inmates in the
nearest correctional facility, to the maximum extent practicable, taking
into account necessary security.    The  commissioner  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION may, in his or her sole
discretion, based on standards promulgated by the department,  determine
whether  a county shall reimburse the state for any or all of the actual
costs of confinement as approved by the director of the division of  the
budget. On or before the expiration of each thirty day period, the state
commission  of  correction must make an appropriate designation pursuant
to subdivision one if the county jail remains unfit or  unsafe  for  the
confinement  of  some or all of the inmates and consent to the continued
availability of a state correctional institution as required for herein.
The superintendence, management and  control  of  a  state  correctional
institution  or  part  thereof  made  available  pursuant hereto and the
inmates housed therein shall be  as  directed  by  the  commissioner  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  3.  The county clerk must serve a copy of the designation, duly certi-
fied by him OR HER, under his OR HER official seal, on the  sheriff  and
keeper  of the jail of the county designated. The sheriff of that county
must, upon the delivery of the sheriff  of  the  county  for  which  the
designation  is  made,  receive  into  his OR HER jail, and there safely
keep, all persons who may be lawfully confined therein, pursuant to this
article; and he OR SHE is responsible for their safekeeping, as if he OR
SHE was sheriff of the county for which the designation is made.
  S 29. The opening paragraph, subdivisions 2, 3, 4  and  6  of  section
601-d  of  the  correction  law,  as added by chapter 141 of the laws of
2008, are amended to read as follows:
  This section shall apply only to inmates in the custody of the commis-
sioner, and releasees under the supervision of the [division of  parole]
DEPARTMENT, upon whom a determinate sentence was imposed between Septem-
ber first, nineteen hundred ninety-eight, and the effective date of this
section,  which  was  required  by law to include a term of post-release
supervision:
  2. Whenever it shall appear to the satisfaction of the department that
an inmate in its custody[,] or [to the satisfaction of the  division  of
parole]  that  a releasee under its supervision, is a designated person,
[such agency] THE DEPARTMENT shall make notification of that fact to the
court that sentenced such person, and to the inmate or releasee.
  3. If a sentencing court that has received such notice, after  review-
ing  the  sentencing  minutes,  if available, is or becomes aware that a
term of post-release supervision was in fact  pronounced  at  the  prior
sentencing of such person, it shall issue a superseding commitment order
reflecting  that fact, accompanied by a written explanation of the basis

S. 2812                            149                           A. 4012

for that conclusion, and send such order and explanation to the  [agency
that  provided  the  notice]  DEPARTMENT,  to  the defendant, and to the
attorney who appeared for the defendant in connection with the  judgment
or sentence or, if the defendant is currently represented concerning his
or  her  conviction or sentence or with respect to an appeal from his or
her sentence, such present counsel.
  4. (a) If the sentencing court shall not  have  issued  a  superseding
commitment order, reflecting imposition of a term of post-release super-
vision,  within  ten days after receiving notice pursuant to subdivision
two of this section, then the sentencing  court  shall  appoint  counsel
pursuant  to section seven hundred twenty-two of the county law, provide
a copy of the notice pursuant to subdivision two of this section to such
counsel, and calendar such person for a  court  appearance  which  shall
occur  no  later  than twenty days after receipt of said notice. At such
court appearance, the court shall furnish a copy of such notice and  the
proceeding  date  pursuant  to  paragraph (c) of this subdivision to the
district attorney, the  designated  person,  assigned  counsel  and  the
department [or the division of parole].
  (b)  The  court shall promptly seek to obtain sentencing minutes, plea
minutes and any other records and shall provide copies  to  the  parties
and  conduct  any  reconstruction  proceedings  that may be necessary to
determine whether to resentence such person.
  (c) The court shall commence a proceeding to  consider  resentence  no
later  than  thirty  days after receiving notice pursuant to subdivision
two of this section.
  (d) The court shall, no later than forty days after  receipt  of  such
notice,  issue  and  enter  a written determination and order, copies of
which shall be immediately provided to the district attorney, the desig-
nated person, his or her counsel and the department [or the division  of
parole]  along with any sentencing minutes pursuant to section 380.70 of
the criminal procedure law.
  (e) The designated person may,  with  counsel,  knowingly  consent  to
extend  the  time  periods  specified  in paragraphs (c) and (d) of this
subdivision. The people may apply to the court for an extension  of  ten
days  on  the  basis  of extraordinary circumstances that preclude final
resolution within such period of the question of whether  the  defendant
will be resentenced. The department [or the division of parole] shall be
notified by the court of any such extension.
  6.  In  any case in which the department [or division of parole] noti-
fies the court of a designated person, and has not  been  informed  that
the  court  has made a determination in accordance with paragraph (d) of
subdivision four of this section (unless extended pursuant to  paragraph
(e)  of  such subdivision), [then such agency] THE DEPARTMENT may notify
the court that it has not received a determination and,  in  any  event,
shall adjust its records with respect to post-release supervision noting
that  the  court  has  not,  in accordance with subdivision four of this
section, imposed a sentence of post-release supervision.
  S 30. Section 605-a of the correction law, as added by chapter 476  of
the laws of 1970, is amended to read as follows:
  S 605-a. Transportation of female inmates.  Whenever any female inmate
is  conveyed  to an institution [in] UNDER THE JURISDICTION OF the state
department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION  pursu-
ant  to  sentence or commitment, such female inmate shall be accompanied
by at least one female officer.
  S 31. Section 619 of the correction law, as added by  chapter  911  of
the laws of 1983, is amended to read as follows:

S. 2812                            150                           A. 4012

  S  619.  Cooperation  with  authorized  agencies  of the department of
social services. It shall be the duty of an official of any  institution
under  the  jurisdiction  of the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION to cooperate  with  an  authorized
agency  of the department of social services in making suitable arrange-
ments for an inmate confined therein to visit  with  his  or  her  child
pursuant  to subdivision seven of section three hundred eighty-four-b of
the social services law.
  S 32. Subdivisions 1, 4 and 6 of section 702 of  the  correction  law,
subdivisions  1  and 4 as amended by chapter 342 of the laws of 1972 and
subdivision 6 as amended by chapter 720 of the laws of 2006, are amended
to read as follows:
  1. Any court of this state may, in its discretion, issue a certificate
of relief from disabilities to an eligible  offender  for  a  conviction
that  occurred in such court, if the court either (a) imposed a [revoka-
ble] REVOCABLE sentence  or  (b)  imposed  a  sentence  other  than  one
executed  by  commitment to an institution under the jurisdiction of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION.  Such certificate may be issued (i) at the time sentence is
pronounced,  in which case it may grant relief from forfeitures, as well
as from disabilities, or (ii) at any time thereafter, in which  case  it
shall apply only to disabilities.
  4.  Where  the  court has imposed a [revokable] REVOCABLE sentence and
the certificate of relief from disabilities is issued prior to the expi-
ration or termination of the  time  which  the  court  may  revoke  such
sentence,  the certificate shall be deemed to be a temporary certificate
until such time as the court's authority  to  revoke  the  sentence  has
expired  or  is terminated. While temporary, such certificate (a) may be
revoked by the court for violation of the conditions  of  the  sentence,
and  (b)  shall  be  revoked by the court if it revokes the sentence and
commits the person to an institution under the jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION.   Any such revocation shall be upon notice and after an opportu-
nity to be heard. If the certificate is not so revoked, it shall  become
a  permanent  certificate  upon expiration or termination of the court's
authority to revoke the sentence.
  6. Any written report submitted to the court pursuant to this  section
is confidential and may not be made available to any person or public or
private  agency except where specifically required or permitted by stat-
ute or upon specific authorization  of  the  court.  However,  upon  the
court's  receipt  of such report, the court shall provide a copy of such
report, or direct that such report be provided to the applicant's attor-
ney, or the applicant himself, if he OR SHE  has  no  attorney.  In  its
discretion,  the court may except from disclosure a part or parts of the
report which are not relevant to  the  granting  of  a  certificate,  or
sources  of  information which have been obtained on a promise of confi-
dentiality, or any other portion thereof, disclosure of which would  not
be  in the interest of justice. The action of the court excepting infor-
mation from disclosure shall be subject to appellate review. The  court,
in its discretion, may hold a conference in open court or in chambers to
afford  an applicant an opportunity to controvert or to comment upon any
portions of the report. The court may also conduct a summary hearing  at
the conference on any matter relevant to the granting of the application
and may take testimony under oath.
  S 33. Intentionally omitted.

S. 2812                            151                           A. 4012

  S  34. Section 703 of the correction law, as amended by chapter 342 of
the laws of 1972, the section heading as amended by chapter 931  of  the
laws  of  1976,  subdivision  1 as amended by chapter 475 of the laws of
1974, subdivision 6 as added by chapter 378 of  the  laws  of  1988  and
subdivision 7 as added by section 3 of part OO of chapter 56 of the laws
of 2010, is amended to read as follows:
  S  703.  Certificates of relief from disabilities issued by the [board
of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.  1.  The
[state  board  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION shall have the power to issue a certificate of relief from  disa-
bilities to:
  (a)  any  eligible  offender  who has been committed to an institution
under  the  jurisdiction  of  the  state  department  of   [correctional
services]  CORRECTIONS  AND COMMUNITY SUPERVISION.  Such certificate may
be issued by the [board] DEPARTMENT at the time the offender is released
from such institution under the [board's]  DEPARTMENT'S  supervision  or
otherwise or at any time thereafter;
  (b)  any  eligible  offender  who  resides within this state and whose
judgment of conviction was rendered by a court in  any  other  jurisdic-
tion.
  2.  Where the [board of parole] DEPARTMENT has issued a certificate of
relief from disabilities, the [board] DEPARTMENT may at any time issue a
new certificate enlarging the relief previously granted.
  3. The [board of parole] DEPARTMENT shall not issue any certificate of
relief from disabilities pursuant to subdivisions one or two, unless the
[board] DEPARTMENT is satisfied that:
  (a) The person to whom it is to be granted is an eligible offender, as
defined in section seven hundred;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the eligible offender; and
  (c) The relief to be granted by the certificate is consistent with the
public interest.
  4. Any certificate of relief from disabilities issued by the [board of
parole] DEPARTMENT to an eligible offender who at time of  the  issuance
of  the  certificate  is  under  the [board's] DEPARTMENT'S supervision,
shall be deemed to be a temporary certificate until  such  time  as  the
eligible  offender  is discharged from the [board's] DEPARTMENT'S super-
vision, and, while temporary, such certificate may  be  revoked  by  the
[board]  DEPARTMENT  for  violation  of  the  conditions  of  [parole or
release] COMMUNITY SUPERVISION.  Revocation shall be upon notice to  the
[parolee]  RELEASEE, who shall be accorded an opportunity to explain the
violation prior to decision  thereon.  If  the  certificate  is  not  so
revoked,  it  shall  become  a  permanent certificate upon expiration or
termination of the [board's] DEPARTMENT'S jurisdiction over the  [offen-
der] INDIVIDUAL.
  5.  In  granting or revoking a certificate of relief from disabilities
the action of the [board of parole shall be by  unanimous  vote  of  the
members  authorized  to  grant or revoke parole. Such action] DEPARTMENT
shall be deemed a judicial function and shall not be reviewable if  done
according to law.
  6.  For  the  purpose of determining whether such certificate shall be
issued, the [board] DEPARTMENT  may  conduct  an  investigation  of  the
applicant.
  7. Presumption based on federal recommendation. Where a certificate of
relief from disabilities is sought pursuant to paragraph (b) of subdivi-
sion  one  of  this  section  on  a judgment of conviction rendered by a

S. 2812                            152                           A. 4012

federal district court in this state and the [board of  parole]  DEPART-
MENT  is in receipt of a written recommendation in favor of the issuance
of such certificate from the chief probation officer  of  the  district,
the  [board] DEPARTMENT shall issue the requested certificate, unless it
finds that the requirements of paragraphs (a), (b) and (c)  of  subdivi-
sion  three  of this section have not been satisfied; or that the inter-
ests of justice would not be advanced by the  issuance  of  the  certif-
icate.
  S  35. Section 703-b of the correction law, as added by chapter 931 of
the laws of 1976, subdivisions 1 and 3 as amended by, subdivision  2  as
added  by  and  subdivisions 4 and 5 as renumbered by chapter 386 of the
laws of 1985, is amended to read as follows:
  S 703-b. Issuance of certificate of good conduct. 1. The [state  board
of  parole,  or any three members thereof by unanimous vote,] DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall have the power to issue a
certificate of good conduct to any  person  previously  convicted  of  a
crime in this state, when the [board] DEPARTMENT is satisfied that:
  (a)  The  applicant  has  conducted  himself  OR  HERSELF  in a manner
warranting such issuance for a minimum period  in  accordance  with  the
provisions of subdivision three of this section;
  (b) The relief to be granted by the certificate is consistent with the
rehabilitation of the applicant; and
  (c) The relief to be granted is consistent with the public interest.
  2.  The [state board of parole, or any three members thereof by unani-
mous vote,] DEPARTMENT shall have the power to issue  a  certificate  of
good  conduct to any person previously convicted of a crime in any other
jurisdiction, when the [board] DEPARTMENT is satisfied that:
  (a) The applicant has demonstrated that there exist specific facts and
circumstances, and specific sections of New York state law that have  an
adverse  impact  on the applicant and warrant the application for relief
to be made in New York; and
  (b) The provisions of paragraphs (a), (b) and (c) of  subdivision  one
of this section have been met.
  3. The minimum period of good conduct by the individual referred to in
paragraph  (a)  of subdivision one of this section, shall be as follows:
where the most serious crime of which the individual was convicted is  a
misdemeanor, the minimum period of good conduct shall be one year; where
the  most serious crime of which the individual was convicted is a class
C, D or E felony, the minimum period of  good  conduct  shall  be  three
years;  and,  where  the  most serious crime of which the individual was
convicted is a class B or A felony, the minimum period of  good  conduct
shall  be five years. Criminal acts committed outside the state shall be
classified as acts committed within  the  state  based  on  the  maximum
sentence  that could have been imposed based upon such conviction pursu-
ant to the laws of such foreign jurisdiction.  Such  minimum  period  of
good conduct by the individual shall be measured either from the date of
the  payment  of  any  fine imposed upon him OR HER or the suspension of
sentence, or from the date of his OR HER unrevoked release from  custody
by  parole,  commutation  or  termination  of  his  OR HER sentence. The
[board] DEPARTMENT shall have power and it shall be its duty to investi-
gate all persons when such application is made and to grant or deny  the
same within a reasonable time after the making of the application.
  4.  Where the [board of parole] DEPARTMENT has issued a certificate of
good conduct, the [board] DEPARTMENT may at any time issue a new certif-
icate enlarging the relief previously granted.

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  5. Any certificate of good conduct by the [board of parole] DEPARTMENT
to an individual who at time of the issuance of the certificate is under
the [board's] DEPARTMENT'S supervision, shall be deemed to be  a  tempo-
rary  certificate  until  such time as the individual is discharged from
the  [board's]  DEPARTMENT'S  supervision,  and,  while  temporary, such
certificate may be revoked by the [board] DEPARTMENT  for  violation  of
the conditions of [parole or release] COMMUNITY SUPERVISION.  Revocation
shall be upon notice to the [parolee] RELEASEE, who shall be accorded an
opportunity  to  explain the violation prior to decision thereon. If the
certificate is not so revoked, it shall become a  permanent  certificate
upon  expiration  or termination of the [board's] DEPARTMENT'S jurisdic-
tion over the individual.
  S 36. Section 705 of the correction law, as added by  chapter  654  of
the  laws  of  1966, subdivision 1 as amended by section 49 of part A of
chapter 56 of the laws of 2010, is amended to read as follows:
  S 705. Forms and filing. 1. All applications, certificates and  orders
of  revocation  necessary for the purposes of this article shall be upon
forms prescribed pursuant to agreement among the state  commissioner  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
chairman of the state board of parole and the administrator of the state
judicial conference. Such forms relating to certificates of relief  from
disabilities shall be distributed by the office of probation and correc-
tional  alternatives  and forms relating to certificates of good conduct
shall be distributed by the [chairman of the board  of  parole]  COMMIS-
SIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  2. Any court or [board] DEPARTMENT issuing or revoking any certificate
pursuant  to  this  article shall immediately file a copy of the certif-
icate, or of the order of revocation, with the New York state  identifi-
cation and intelligence system.
  S 37. Paragraphs (a), (b) and (c) of subdivision 1 and subdivisions 3,
4  and 5 of section 803 of the correction law, paragraph (a) of subdivi-
sion 1, subdivisions 3, 4 and 5 as amended and paragraphs (b) and (c) of
subdivision 1 as added by chapter 3 of the laws of 1995, are amended  to
read as follows:
  (a)  Every  person  confined  in an institution of the department or a
facility in the department of mental [hygiene] HEALTH serving  an  inde-
terminate or determinate sentence of imprisonment, except a person serv-
ing  a  sentence  with  a maximum term of life imprisonment, may receive
time allowance against the term or maximum term of his OR  HER  sentence
imposed  by  the court. Such allowances may be granted for good behavior
and efficient and willing performance of duties assigned or progress and
achievement in an assigned  treatment  program,  and  may  be  withheld,
forfeited or canceled in whole or in part for bad behavior, violation of
institutional  rules  or  failure  to  perform properly in the duties or
program assigned.
  (b) A person serving an indeterminate  sentence  of  imprisonment  may
receive  time  allowance against the maximum term of his OR HER sentence
not to exceed one-third of the maximum term imposed by the court.
  (c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his OR HER sentence not to
exceed one-seventh of the term imposed by the court.
  3. The commissioner of [correctional services] CORRECTIONS AND  COMMU-
NITY  SUPERVISION  shall promulgate rules and regulations for the grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied. Such rules and regulations shall  include  provisions  designating

S. 2812                            154                           A. 4012

the  person  or  committee in each correctional institution delegated to
make discretionary determinations with respect to  the  allowances,  the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4.  No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION as to the  grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances  shall  be final and shall not be reviewable if made in accordance
with law.
  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall not be restored if the [paroled or conditionally] released  person
is  returned  to  an  institution  under  the  jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while  on  [parole  or  conditional  release] COMMUNITY SUPERVISION.   A
person who is so returned may, however, subsequently receive time allow-
ances against the remaining portion of his OR HER term, maximum term  or
aggregate  maximum  term  pursuant  to  this  section  and provided such
remaining portion of his OR HER term, maximum term, or aggregate maximum
term is more than one year.
  S 38. Subdivisions 3, 4 and 5 of section 803 of the correction law, as
amended by chapter 126 of the laws of  1987,  are  amended  to  read  as
follows:
  3.  The commissioner of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION shall promulgate rules and regulations for  the  grant-
ing, withholding, forfeiture, cancellation and restoration of allowances
authorized by this section in accordance with the criteria herein speci-
fied.  Such  rules  and regulations shall include provisions designating
the person or committee in each correctional  institution  delegated  to
make  discretionary  determinations  with respect to the allowances, the
books and records to be kept, and a procedure for review of the institu-
tional determinations by the commissioner.
  4. No person shall have the right to demand or require the  allowances
authorized by this section. The decision of the commissioner of [correc-
tional  services] CORRECTIONS AND COMMUNITY SUPERVISION as to the grant-
ing, withholding, forfeiture, cancellation or restoration of such allow-
ances shall be final and shall not be reviewable if made  in  accordance
with law.
  5. Time allowances granted prior to any release [on parole or prior to
any conditional release] TO COMMUNITY SUPERVISION shall be forfeited and
shall  not be restored if the [paroled or conditionally] released person
is returned to an  institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION for violation of [parole, violation of the conditions of release]
COMMUNITY SUPERVISION or by reason of a conviction for a crime committed
while on [parole or  conditional  release]  COMMUNITY  SUPERVISION.    A
person who is so returned may, however, subsequently receive time allow-
ances  against the remaining portion of his maximum or aggregate maximum
term or period not to exceed in the aggregate one-third of such  portion
provided such remaining portion of his OR HER maximum or aggregate maxi-
mum term or period is more than one year.
  S  39. Subdivision 6 of section 804 of the correction law, as added by
chapter 680 of the laws of 1967, is amended to read as follows:

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  6. Notwithstanding anything to the contrary in this  section,  in  any
case  where  a  person  is serving a definite sentence in an institution
under  the  jurisdiction  of  the  state  department   of   [correction]
CORRECTIONS  AND  COMMUNITY  SUPERVISION, subdivisions three and four of
section eight hundred three of this chapter shall apply.
  S  40.  Subdivisions  3 and 6 of section 806 of the correction law, as
added by section 5 of part E of chapter 62 of  the  laws  of  2003,  are
amended to read as follows:
  3.  Any  inmate  eligible  for  presumptive  release  pursuant to this
section shall be required to apply for such release pursuant to  section
[two  hundred  fifty-nine-g  of the executive law. Upon release from the
department of correctional services, such person shall be in  the  legal
custody  of  the  division  of  parole  as provided in subdivisions two,
three, four, five, six and seven of section two hundred fifty-nine-i  of
the executive law] TWO HUNDRED EIGHT OF THIS CHAPTER.
  6. Any eligible inmate who is not released pursuant to subdivision one
or  two of this section shall be considered for discretionary release on
parole pursuant to the provisions of section eight hundred five of  this
article or section two hundred [fifty-nine-i] FIFTY-NINE-B of the execu-
tive law, whichever is applicable.
  S  41.  Subdivision 1 of section 851 of the correction law, as amended
by chapter 554 of the laws of 1986, is amended to read as follows:
  1. "Institution" means any institution under the jurisdiction  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION or an institution designated by the commissioner pursuant to
section seventy-two-a of this chapter.
  S 41-a. Subdivision 1 of section 851 of the correction law, as amended
by chapter 691 of the laws of 1977, is amended to read as follows:
  1. "Institution" means any institution under the jurisdiction  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 41-b. Subdivision 1 of section 851 of the correction law,  as  added
by chapter 472 of the laws of 1969, is amended to read as follows:
  1.  "Institution"  means any institution under the jurisdiction of the
state department of [correction] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 42. The closing paragraph of subdivision 2 of  section  851  of  the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The  governor,  by  executive  order, may exclude or limit the partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly  issued  limiting  the participation of otherwise eligible inmates in
such program or the authority of the commissioner [of the department  of
correctional  services]  to impose appropriate regulations limiting such
participation.
  S 43. The closing paragraph of subdivision 2 of  section  851  of  the
correction law, as added by chapter 3 of the laws of 1995, is amended to
read as follows:
  The  governor,  by  executive  order, may exclude or limit the partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly  issued  limiting  the participation of otherwise eligible inmates in
such program or the authority of the commissioner [of the department  of

S. 2812                            156                           A. 4012

correctional  services]  to impose appropriate regulations limiting such
participation.
  S  43-a.  Subdivision 5 of section 851 of the correction law, as added
by chapter 472 of the laws of 1969, is amended to read as follows:
  5. "Work release committee" means  the  body  of  persons,  which  may
include members of the public, appointed pursuant to regulations promul-
gated  by  the commissioner [of correction] for the purpose of formulat-
ing, modifying and revoking work release programs at an institution.
  S 44. Subdivision 5 of section 852 of the correction law,  as  amended
by chapter 495 of the laws of 1981, is amended to read as follows:
  5.  All  inmates  participating in temporary release programs shall be
assigned to parole officers for supervision. [Such parole officers shall
be responsible to the division of parole for the  purpose  of  providing
such  supervision.  The  division shall provide to the department super-
vision in accordance with the contract required by  subdivision  six  of
this  section.]  As part of [its] THE PAROLE OFFICER'S supervisory func-
tions [the division] HE OR SHE shall be required to provide reports  [to
the  department]  every two months on each inmate under [its] HIS OR HER
supervision. Such reports shall include but not be limited to:
  (a) an evaluation of the individual's participation in such program;
  (b) a statement of any problems and the manner in which such  problems
were   resolved  relative  to  an  individual's  participation  in  such
programs; and
  (c) a  recommendation  with  respect  to  the  individual's  continued
participation in the program.
  S  44-a.  Subdivision  6  of  section  852  of  the  correction law is
REPEALED.
  S 45. Subdivision 2 of section 852 of the correction law, as added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. The [division of parole] DEPARTMENT shall be responsible for secur-
ing  appropriate  education, on-the-job training and employment opportu-
nities for [eligbile] ELIGIBLE inmates[. The division  also]  AND  shall
supervise  inmates  during  their participation in work release programs
outside the premises of institutions.
  S 46. Subdivision 2 of section 854 of the correction law, as added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  2. If the inmate violates any provision of the program, or any rule or
regulation  promulgated  by the commissioner of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION for conduct of inmates participating  in  work
release programs, he OR SHE shall be subject to disciplinary measures to
the  same  extent  as  if he OR SHE violated a rule or regulation of the
commissioner for conduct of inmates within the premises of the  institu-
tion.
  S  47.  Subdivision 6 of section 855 of the correction law, as amended
by chapter 843 of the laws of 1980, is amended to read as follows:
  6. In order for an applicant to accept a program of temporary release,
such inmate shall agree to be bound by  all  the  terms  and  conditions
thereof  and  shall indicate such agreement by signing the memorandum of
the program immediately below a statement reading as follows: "I  accept
the  foregoing program and agree to be bound by the terms and conditions
thereof. I understand that I will be under the supervision of the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION while I am away from the premises of the institution and I  agree
to  comply with the instructions of any parole officer or other employee
of the department assigned to supervise me. I understand that my partic-
ipation in the program is a privilege which may be revoked at any  time,

S. 2812                            157                           A. 4012

and  that  if I violate any provision of the program I may be taken into
custody by any peace officer or police officer and I will be subject  to
disciplinary  procedures.  I  further understand that if I intentionally
fail to return to the institution at or before the time specified in the
memorandum  I  may be found guilty of a felony." Such agreement shall be
placed on file at the institution from which such temporary  release  is
granted.
  S 48. Subdivisions 2, 3 and 4 of section 853 of the correction law, as
added  by  chapter  472  of  the  laws  of  1969, are amended to read as
follows:
  2. If the work  release  committee  determines  that  a  work  release
program  for the applicant is consistent with the safety of the communi-
ty, is in the best interests of rehabilitation of the applicant, and  is
consistent   with   rules   and  regulations  of  the  commissioner  [of
correction], the committee[, with the  assistance  of  the  division  of
parole,] shall develop a suitable program of work release for the appli-
cant.
  3.  The  committee  shall  then prepare a memorandum setting forth the
details of the work release program, including the  extended  bounds  of
confinement and any other matter required by rules or regulations of the
commissioner  [of  correction].  Such memorandum shall be transmitted to
the warden who may approve or reject the program. If the warden approves
the program, he OR SHE shall indicate such approval in writing by  sign-
ing  the  memorandum.  If  the warden rejects the program, such decision
shall be reviewed by the commissioner [of correction].
  4. In order for an applicant to accept a program of work  release,  he
OR  SHE  shall agree to be bound by all the terms and conditions thereof
and shall indicate such agreement  by  signing  the  memorandum  of  the
program  immediately below a statement reading as follows: "I accept the
foregoing program and agree to be bound  by  the  terms  and  conditions
thereof. I understand that I will be under the supervision of the [State
Division  of Parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
while I am away from the premises of the  institution  and  I  agree  to
comply with the instructions of any parole officer assigned to supervise
me.  I  will  carry  a copy of this memorandum on my person at all times
while I am away from the premises of the institution and I will  exhibit
it  to  any  peace officer upon his OR HER request. I understand that my
participation in the program is a privilege which may be revoked at  any
time,  and that if I violate any provision of the program I may be taken
into custody by any peace officer and I will be subject to  disciplinary
procedures.  I further understand that if I intentionally fail to return
to the institution at or before the time specified in the  memorandum  I
may be found guilty of a felony."
  S  49.  The  opening paragraph of subdivision 1 of section 1304 of the
abandoned property law, as amended by chapter 471 of the laws  of  1980,
is amended to read as follows:
  The   following   unclaimed   property  belonging  or  credited  to  a
discharged, deceased or escaped  person  in  an  institution  under  the
jurisdiction  of  the  department  of social services, the department of
health, the department of mental [hygiene] HEALTH, the executive depart-
ment, or the  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION shall be deemed abandoned property:
  S 50. Subdivisions 1, 1-a and 4 of section 126 of the alcoholic bever-
age  control  law, subdivisions 1 and 4 as amended by chapter 366 of the
laws of 1992 and subdivision 1-a as amended by chapter 367 of  the  laws
of 1992, are amended to read as follows:

S. 2812                            158                           A. 4012

  1.  Except  as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors  mentioned
in  section eleven hundred forty-six of the former penal law as in force
and effect  immediately  prior  to  September  first,  nineteen  hundred
sixty-seven, or of an offense defined in section 230.20 or 230.40 of the
penal  law,  unless subsequent to such conviction such person shall have
received an  executive  pardon  therefor  removing  this  disability,  a
certificate  of good conduct granted by the [board of parole] DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION, or  a  certificate  of  relief
from  disabilities  granted  by  the  [board  of  parole]  DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION or a court of this state  pursuant
to  the  provisions  of  article  twenty-three  of the correction law to
remove the disability under this section because of such conviction.
  1-a. Notwithstanding the provision of subdivision one of this section,
a corporation holding a license to traffic in alcoholic beverages  shall
not,  upon conviction of a felony or any of the misdemeanors or offenses
described in subdivision one of this section, be automatically forbidden
to traffic in alcoholic beverages, but the application for a license  by
such a corporation shall be subject to denial, and the license of such a
corporation shall be subject to revocation or suspension by the authori-
ty  pursuant to section one hundred eighteen of this chapter, consistent
with the provisions of article twenty-three-A of the correction law. For
any felony conviction by a court other than a court of this  state,  the
authority  may  request  the [board of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION  to  investigate  and  review  the  facts  and
circumstances  concerning  such  a conviction, and [the board of parole]
SUCH DEPARTMENT shall, if so  requested,  submit  its  findings  to  the
authority as to whether the corporation has conducted itself in a manner
such  that discretionary review by the authority would not be inconsist-
ent with the public interest. The [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND COMMUNITY SUPERVISION may charge the licensee or appli-
cant a fee equivalent to the expenses of  an  appropriate  investigation
under  this  subdivision. For any conviction rendered by a court of this
state, the authority may request the corporation, if the corporation  is
eligible  for  a certificate of relief from disabilities, to seek such a
certificate from the court which rendered the conviction and  to  submit
such a certificate as part of the authority's discretionary review proc-
ess.
  4.  A  copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of  the  corpo-
ration,  is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States, not less  than  twenty-one
years  of  age,  and  has not been convicted of any felony or any of the
misdemeanors, specified in  section  eleven  hundred  forty-six  of  the
former  penal  law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20 or 230.40 of the penal law, or  if  so  convicted  has  received,
subsequent  to  such  conviction,  an executive pardon therefor removing
this disability a certificate of good conduct granted by the  [board  of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  or a
certificate of relief from disabilities granted by the [board of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or a court  of  this
state  pursuant  to  the  provisions  of  article  twenty-three  of  the
correction law to remove the disability under this  section  because  of
such  conviction;  provided  however  that a corporation which otherwise
conforms to the requirements of this section and chapter may be licensed

S. 2812                            159                           A. 4012

if each of its principal officers and more than one-half of  its  direc-
tors  are  citizens of the United States or aliens lawfully admitted for
permanent residence in the United States; and provided  further  that  a
corporation  organized  under  the not-for-profit corporation law or the
education law which otherwise  conforms  to  the  requirements  of  this
section  and  chapter  may be licensed if each of its principal officers
and more than one-half of its directors are  not  less  than  twenty-one
years  of  age and none of its directors are less than eighteen years of
age; and provided further that a corporation organized  under  the  not-
for-profit corporation law or the education law and located on the prem-
ises  of  a college as defined by section two of the education law which
otherwise conforms to the requirements of this section and  chapter  may
be  licensed if each of its principal officers and each of its directors
are not less than eighteen years of age.
  S 51. Subparagraph (i) of paragraph 1 and paragraph 3  of  subdivision
(f)  of  section  1101  of the civil practice law and rules, as added by
section 1 of part D of chapter 412 of the laws of 1999, are  amended  to
read as follows:
  (i) in the case of a state inmate who has been transferred from anoth-
er  state  correctional  facility,  the  court shall obtain a trust fund
account statement for the six month period from the  central  office  of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION in Albany; or
  3. The institution at which an inmate  is  confined,  or  the  central
office  for  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, whichever is applicable, shall  promptly  provide
the  trust  fund  account  statement  to  the inmate as required by this
subdivision.
  S 52. Section 5011 of the civil practice law and rules, as amended  by
section  50 of part A-1 of chapter 56 of the laws of 2010, is amended to
read as follows:
  S 5011. Definition and content of judgment. A judgment is the determi-
nation of the rights of the parties in an action or  special  proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which  it  is  based.  A  judgment may direct that property be paid into
court when the party would not have the benefit or  use  or  control  of
such  property  or  where  special  circumstances make it desirable that
payment or delivery to the party entitled to it should be  withheld.  In
any  case  where  damages are awarded to an inmate serving a sentence of
imprisonment  with  the  state  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  or to a prisoner confined at a
local correctional facility, the court shall give prompt written  notice
to the office of victim services, and at the same time shall direct that
no  payment  be  made  to such inmate or prisoner for a period of thirty
days following the date of entry of the order containing such direction.
  S 53. Subdivision 1 of section  50-a  of  the  civil  rights  law,  as
amended  by  chapter  137  of  the  laws  of 2002, is amended to read as
follows:
  1. All  personnel  records[,]  used  to  evaluate  performance  toward
continued employment or promotion, under the control of any police agen-
cy  or  department  of  the  state  or any political subdivision thereof
including authorities or agencies maintaining police forces of  individ-
uals  defined  as police officers in section 1.20 of the criminal proce-
dure law and such personnel records under the  control  of  a  sheriff's
department  or  a  department  of  correction of individuals employed as

S. 2812                            160                           A. 4012

correction officers and such personnel records under the  control  of  a
paid fire department or force of individuals employed as firefighters or
firefighter/paramedics  and  such personnel records under the control of
the  [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION for individuals defined as peace officers  pursuant  to  subdivi-
sions  twenty-three  and  twenty-three-a of section 2.10 of the criminal
procedure law shall  be  considered  confidential  and  not  subject  to
inspection  or review without the express written consent of such police
officer, firefighter, firefighter/paramedic, correction officer or peace
officer within the [division of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION except as may be mandated by lawful court order.
  S  54. Subdivision 2 of section 61 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision  two  of section 230.30 or 230.32, and is currently confined
as an inmate in any correctional facility or currently under the  super-
vision  of  the [state division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION or a county probation department as  a  result  of
such  conviction,  the  petition  shall for each such conviction specify
such felony conviction, the date of such conviction or convictions,  and
the court in which such conviction or convictions were entered.
  S  55. Subdivision 2 of section 62 of the civil rights law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the  supervision  of  the  [state  division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY SUPERVISION or a county probation department
as a result of a conviction for a violent felony offense as  defined  in
section  70.02  of  the  penal  law  or  a felony defined in article one
hundred twenty-five of such law or any of the  following  provisions  of
such  law  sections  130.25,  130.30,  130.40,  130.45,  255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
subdivision two of section 230.30 or 230.32,  notice  of  the  time  and
place  when and where the petition will be presented shall be served, in
like manner as a notice of a motion upon an attorney in an action,  upon
the  district  attorney  of  every  county in which such person has been
convicted of such felony and upon the  court  or  courts  in  which  the
sentence for such felony was entered. Unless a shorter period of time is
ordered  by  the  court,  said  notice  shall  be  served upon each such
district attorney and court or courts not less than sixty days prior  to
the date on which such petition is noticed to be heard.
  S  56.  Subdivision 2 and paragraph (a) of subdivision 3 of section 79
of the civil rights law, as amended by chapter 687 of the laws of  1973,
are amended to read as follows:
  2.  A sentence of imprisonment in a state correctional institution for
any term less than for life or a sentence of  imprisonment  in  a  state
correctional  institution for an indeterminate term, having a minimum of
one day and a maximum of natural life shall not be deemed to suspend the
right or capacity of any person so sentenced to commence  and  prosecute
an  action or proceeding in any court within this state or before a body
or officer exercising judicial, quasi-judicial or  administrative  func-
tions  within  this  state; provided, however, that where at the time of

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the commencement and during the prosecution of such action or proceeding
such person is an inmate of a state correctional institution,  he  shall
not  appear  at  any  place  other  than  within the institution for any
purpose  related  to  such  action  or proceeding unless upon a subpoena
issued by the court before whom such action or proceeding is pending or,
where such action or proceeding is pending before  a  body  or  officer,
before  a judge to whom a petition for habeas corpus could be made under
subdivision (b) of section seven thousand two of the civil practice  law
and  rules  upon  motion of any party and upon a determination that such
person's appearance is essential to the proper and just  disposition  of
the  action  or  proceeding. Unless the court orders otherwise, a motion
for such subpoena shall be made on at least  two  days'  notice  to  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for  any expense of or related to any such action or proceeding, includ-
ing but not limited to the expense of or  related  to  transporting  the
inmate to, or lodging or guarding him at any place other than in a state
correctional  institution.  The [Department] DEPARTMENT of [Correctional
Services] CORRECTIONS AND COMMUNITY SUPERVISION shall not be required to
perform any services related to such action or proceeding, including but
not limited to transporting the inmate to or lodging or guarding him  at
any  place  other than a state correctional institution unless and until
the [Department] DEPARTMENT has received payment for such services.
  S 57. Subdivisions 1 and 2 and  paragraph  (a)  of  subdivision  3  of
section  79-a of the civil rights law, subdivision 1 as amended by chap-
ter 118 of the laws of 1981 and  subdivision  2  and  paragraph  (a)  of
subdivision  3  as added by chapter 687 of the laws of 1973, are amended
to read as follows:
  1. Except  as  provided  in  subdivisions  two  and  three,  a  person
sentenced  to  imprisonment  for life is thereafter deemed civilly dead;
provided, that such a person  may  marry  while  on  [parole]  COMMUNITY
SUPERVISION, or after he OR SHE has been discharged from [parole] COMMU-
NITY  SUPERVISION, if otherwise capable of contracting a valid marriage.
A marriage contracted pursuant to this section by a person while  he  OR
SHE is on [parole] COMMUNITY SUPERVISION, without prior written approval
of  the  [board  of  parole]  COMMISSIONER  OF CORRECTIONS AND COMMUNITY
SUPERVISION, shall be ground for revocation of  the  [parole]  COMMUNITY
SUPERVISION.  This section shall not be deemed to impair the validity of
a  marriage  between a person sentenced to imprisonment for life and his
OR HER spouse.
  2. A sentence to imprisonment for life shall not be deemed to  suspend
the  right or capacity of any person so sentenced to commence, prosecute
or defend an action or proceeding in any  court  within  this  state  or
before a body or officer exercising judicial, quasi-judicial or adminis-
trative  functions  within  this state; provided, however, that where at
the time of the commencement and during the prosecution  or  defense  of
such  action  or  proceeding such person is an inmate of a state correc-
tional institution, he OR SHE shall not appear at any place  other  than
within  the  institution  for  any  purpose  related  to  such action or
proceeding unless upon a subpoena issued by the court before  whom  such
action  or  proceeding is pending or, where such action or proceeding is
pending before a body or officer, before a judge to whom a petition  for
habeas corpus could be made under subdivision (b) of section seven thou-
sand  two  of  the civil practice law and rules upon motion of any party
and upon a determination that such person's appearance is  essential  to

S. 2812                            162                           A. 4012

the  proper and just disposition of the action or proceeding. Unless the
court orders otherwise, a motion for such subpoena shall be made  on  at
least  two  days'  notice to the commissioner of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  (a) Except as provided in paragraph (b), the state shall not be liable
for  any expense of or related to any such action or proceeding, includ-
ing but not limited to the expense of or  related  to  transporting  the
inmate  to, or lodging or guarding him OR HER at any place other than in
a  state  correctional  institution.  The  [Department]  DEPARTMENT   of
[Correctional  Services] CORRECTIONS AND COMMUNITY SUPERVISION shall not
be required to perform any services related to such action  or  proceed-
ing,  including but not limited to transporting the inmate to or lodging
or guarding him OR HER at any place  other  than  a  state  correctional
institution  unless  and  until the [Department] DEPARTMENT has received
payment for such services.
  S 58. Subparagraphs (ii) and (iv) of paragraph (c) of subdivision 4 of
section 58 of the civil service law, as amended by chapter  190  of  the
laws of 2008, are amended to read as follows:
  (ii)  Notwithstanding any other provision of law, in any jurisdiction,
other than a city with a population of one million or more or the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, which does not administer examinations for designation to detec-
tive or investigator, any person who has received permanent  appointment
to  the  position  of  police officer, correction officer of any rank or
deputy sheriff and is temporarily assigned  to  perform  the  duties  of
detective  or investigator shall, whenever such assignment to the duties
of a detective or investigator exceeds eighteen months,  be  permanently
designated  as  a detective or investigator and receive the compensation
ordinarily paid to persons in such designation.
  (iv) Detectives and investigators designated since  September  twenty-
third,  nineteen  hundred  ninety  and  prior to February twenty-fourth,
nineteen hundred ninety-five by any state, county, town, village or city
(other than a city with a population of one million or more or the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION)  police,  correction  or  sheriffs  department,  pursuant to the
provisions of this paragraph in effect during such period, who  continue
to serve in such positions, shall retain their detective or investigator
status without any right to retroactive financial entitlement.
  S  59.  Subdivision  2  of  section  59-a of the civil service law, as
amended by chapter 190 of the laws  of  2008,  is  amended  to  read  as
follows:
  2. Notwithstanding the provisions of this chapter or any provisions to
the  contrary  contained  in  any  general,  special, or local laws, any
person holding a permanent competitive class  appointment  as  a  police
officer,  correction  officer  of any rank or deputy sheriff in a police
force, police department or sheriffs department in a jurisdiction  other
than  a  city  with  a  population  of  one million or more or the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  who  was  serving  in  a detective or investigator capacity, as
designated by such police force, police department or  sheriffs  depart-
ment,  on  the  date  such  position  was  classified by the local civil
service commission having jurisdiction and for at least eighteen  months
immediately  preceding  such date, shall receive a permanent appointment
to a detective or investigator position, in such title as may be proper-
ly classified by the local civil service commission having jurisdiction,
without further examination or qualifications and  shall  have  all  the

S. 2812                            163                           A. 4012

rights and privileges of the jurisdictional class to which such position
may be allocated.
  S  60.  Subparagraph  6  of  paragraph b and the opening paragraphs of
paragraphs g and j of subdivision 1 of section 130 of the civil  service
law,  subparagraph 6 of paragraph b as added by chapter 4 of the laws of
2007, the opening paragraph of paragraph g as added by  chapter  214  of
the  laws  of  2009 and the opening paragraph of paragraph j as added by
chapter 152 of the laws of 2010, are amended to read as follows:
  (6) Effective on the dates indicated in paragraph i of  this  subdivi-
sion,  salary  grades  for positions in the competitive, non-competitive
and labor classes of the classified service of the state of New York  in
the  collective  negotiating unit designated as the security supervisors
unit established pursuant to article fourteen of this  chapter  who  are
police  officers  pursuant to subdivision thirty-four of section 1.20 of
the criminal procedure law, except those members  designated  as  police
officers pursuant to chapter six hundred ninety-three of the laws of two
thousand six, shall be as prescribed in paragraph i of this subdivision.
Effective  on  the  dates  indicated in paragraph j of this subdivision,
salary grades for positions  in  the  competitive,  non-competitive  and
labor  classes of the classified service of the state of New York in the
collective negotiating unit designated as the security supervisors  unit
established  pursuant  to  article  fourteen  of  this  chapter  who are
employed by the state department of [correctional services]  CORRECTIONS
AND  COMMUNITY SUPERVISION and are designated as peace officers pursuant
to subdivision twenty-five of section 2.10 of the criminal procedure law
shall be as prescribed in paragraph j of this subdivision.
  Pursuant to the terms of an interest arbitration award issued pursuant
to subdivision four of section two hundred nine of this chapter covering
members of the security services collective  negotiating  unit  who  are
employed   within   the  state  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and who are  designated  as  peace
officers  pursuant to section 2.10 of the criminal procedure law, effec-
tive on the dates indicated, salary grades for such unit  members  shall
be as follows:
  Pursuant to the terms of an agreement between the state and an employ-
ee  organization entered into pursuant to article fourteen of [the civil
service law] THIS CHAPTER covering members of the collective negotiating
unit designated as security supervisors who are employed  by  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and are designated as  peace  officers  pursuant  to  subdivision
twenty-five  of section 2.10 of the criminal procedure law, effective on
the dates indicated, salary grades for such unit  members  shall  be  as
follows:
  S  61.  Subdivision  2  of  section  134  of the civil service law, as
amended by chapter 373 of the laws  of  1958,  is  amended  to  read  as
follows:
  2.  Any  person  employed  by  the  state in any institution under the
jurisdiction of the department of mental [hygiene] HEALTH,  the  depart-
ment  of [correction] CORRECTIONS AND COMMUNITY SUPERVISION, the depart-
ment of health or the department of social  welfare,  or  in  the  state
barge canal system, or in the New York state school for the blind, Bata-
via,  or  in the New York state veterans' rest camp, Mt. McGregor, whose
hours of labor are limited to forty hours per  week,  or  six  days  per
week,  by  law or administrative regulation, who is not allowed time off
by the appointing officer, during any fiscal year commencing on or after
April first, nineteen hundred forty-six, for any holiday,  pass  day  or

S. 2812                            164                           A. 4012

vacation  period  which he was eligible to receive by law or by adminis-
trative regulation, shall, upon the approval of  the  superintendent  or
other  head  of  such  institution or department and the director of the
budget,  be  entitled to compensation therefor at the hourly rate of pay
received by such employee, or shall be allowed an equivalent  amount  of
time off in lieu of such compensation.
  S 62. Subdivisions 1, 2 and 3 of section 136 of the civil service law,
subdivisions  1  and  3 as separately amended by chapters 471 and 474 of
the laws of 1980, and subdivision 2 as amended by chapter 74 of the laws
of 2000, are amended to read as follows:
  1. The term "teacher", for purposes of this section, means any employ-
ee of a state facility or institution in the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES in the executive department and  in  the
departments  of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, health, mental hygiene and social services  holding  a  position
the  principal  duty of which is the teaching or instruction of patients
or inmates, or the direct supervision of such teaching  or  instruction,
including  an  institution  education  director,  as  determined  by the
department of civil service subject to approval of the director  of  the
budget.
  2.  The  annual  salary of a teacher shall be determined in accordance
with the provisions of this article. Commencing July  first,  two  thou-
sand,  the  total  salary which a teacher would otherwise be entitled to
receive for any year beginning on July first shall be paid  over  either
(a)  a  period of consecutive months beginning with the first day of the
facility's or institution's academic year, as determined by the  employ-
er,  and  ending  with  the  last day of the facility's or institution's
academic year, as determined by the employer or, in the case of a teach-
er in the department of [correctional services] CORRECTIONS AND COMMUNI-
TY SUPERVISION, over a period of ten consecutive  months  designated  by
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION or (b) a period of twelve months  from  September  first  to
August  thirty-first.  Any  such  teacher who is required to work in his
position or in any other position allocated to a salary grade in section
one hundred thirty of this chapter in the period of time that is outside
the facility's or institution's academic  year,  as  determined  by  the
employer or, in the case of a teacher in the department of [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION in the two month period
outside of the ten consecutive months designated by the commissioner  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION shall
receive additional compensation therefor. If such work is  performed  in
his  regular  position  or  title or in a position the title of which is
allocated to the same salary grade as his  regular  position,  he  shall
receive  additional  compensation  therefor  at  the  hourly rate of pay
received by him in his regular position. If such work is performed in  a
position having a title allocated to a lower salary grade than the sala-
ry  grade  to  which  the title of his regular position is allocated, he
shall receive additional compensation therefor at the hourly rate of pay
of the job rate of the grade of the  position  in  which  such  work  is
performed,  or  at such job rate plus the additional increment or incre-
ments of such grade if he would be entitled to such additional increment
or increments were he then appointed to such position; provided,  howev-
er,  that  when such hourly rate exceeds the hourly rate of pay received
by him in his regular position, his additional compensation shall be  at
the  hourly  rate  of  pay  of  his  regular position. When such work is
performed in a position allocated to a  salary  grade  higher  than  the

S. 2812                            165                           A. 4012

salary  grade  to  which  his  regular  position  is allocated, he shall
receive additional compensation therefor at the hourly rate  of  pay  of
the rate of compensation to which he would be entitled if he were perma-
nently promoted to the position in which such work is performed.
  3.  Teachers  shall not be subject to the rules governing sick leaves,
vacations, time allowances and other conditions  of  employment  in  the
classified service of the state established pursuant to PARAGRAPH (C) OF
subdivision  one  [(c)]  of  section  six  of the civil service law. The
director of the [division for  youth]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  the  commissioner  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, the commissioner of health, the  commissioner  of
mental [hygiene] HEALTH and the commissioner of social services, respec-
tively,  shall adopt regulations for sick leaves, vacations, time allow-
ances and other conditions of employment which shall  be  applicable  to
teachers  under  its  or his jurisdiction and, notwithstanding any other
provision of law, such rules may provide for cash payment of  the  mone-
tary value of accumulated and unused vacation and time allowances grant-
ed in lieu of overtime compensation standing to the credit of an employ-
ee  at  the time of his separation from service or his entrance into the
armed forces of the United States for active duty (other than for train-
ing) as defined in title ten of the United States code, whether  or  not
such entrance constitutes a separation from service, and for the payment
of  the  monetary  value  of  his accumulated and unused time allowances
granted in lieu of overtime compensation standing to the  credit  of  an
employee at the time of his appointment, promotion or transfer to anoth-
er  department  or  agency  of the state. Such rules shall be subject to
approval of the state civil service commission.
  S 63. Paragraph (a) of subdivision 1  of  section  178  of  the  civil
service  law, as added by chapter 390 of the laws of 2005, is amended to
read as follows:
  (a) "Assailant" means a person arrested and charged with a  crime,  as
defined  in  section  10.00  of the penal law, or a person committed to,
certified  to,  or  placed  in  the  custody  of   the   department   of
[corrections] CORRECTIONS AND COMMUNITY SUPERVISION or any other correc-
tional facility or county jail.
  S 64. Subdivision 2, the opening paragraph and paragraph (f) of subdi-
vision  4 of section 209 of the civil service law, subdivision 2 and the
opening paragraph of subdivision 4 as amended by chapter 234 of the laws
of 2008, paragraph (f) of subdivision 4 as amended by chapter 179 of the
laws of 2008, are amended to read as follows:
  2. Public employers are hereby empowered to enter into written  agree-
ments  with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such  agreements  may  include
the  undertaking  by each party to submit unresolved issues to impartial
arbitration. In the absence or upon  the  failure  of  such  procedures,
public  employers  and  employee  organizations may request the board to
render assistance as provided in this section, or the board  may  render
such  assistance  on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which  previously  was  a
part  of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police  district,  or
detective-investigators, or rackets investigators employed in the office
of  a  district attorney of a county, or in regard to any organized unit

S. 2812                            166                           A. 4012

of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators,  senior  investigators  and
investigator  specialists  of the division of state police, or in regard
to  members  of  collective  negotiating  units  designated  as security
services and security supervisors  who  are  police  officers,  who  are
forest  ranger  captains  or who are employed by the state department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  and  are
designated  as  peace  officers  pursuant  to subdivision twenty-five of
section 2.10 of the criminal procedure law, or in regard to  members  of
the collective negotiating unit designated as the agency law enforcement
services  unit  who  are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law  or  who  are  forest
rangers,  or  in  regard  to  organized units of deputy sheriffs who are
engaged directly in criminal law enforcement activities  that  aggregate
more  than  fifty per centum of their service as certified by the county
sheriff and are police officers pursuant to subdivision  thirty-four  of
section 1.20 of the criminal procedure law as certified by the municipal
police training council or Suffolk county correction officers or Suffolk
county park police, as provided in subdivision four of this section.
  On  request  of  either  party  or upon its own motion, as provided in
subdivision two of this section, and in the event the  board  determines
that  an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
officers or members of any organized fire department, or any other  unit
of  the public employer which previously was a part of an organized fire
department whose primary mission includes the prevention and control  of
aircraft  fires,  police force or police department of any county, city,
town, village or fire or police district,  and  detective-investigators,
criminal  investigators  or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers of the division of state police or as to the conditions of  employ-
ment  of members of any organized unit of investigators, senior investi-
gators and investigator specialists of the division of state police,  or
as  to  the  terms and conditions of employment of members of collective
negotiating units designated as security services and security  supervi-
sors, who are police officers, who are forest ranger captains or who are
employed  by the state department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION and are designated as peace officers  pursuant
to  subdivision  twenty-five  of  section 2.10 of the criminal procedure
law, or in regard to members of the collective negotiating  unit  desig-
nated  as  the agency law enforcement services unit who are police offi-
cers pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure law or who are forest rangers, or  as  to  the  conditions  of
employment  of  any  organized  unit  of deputy sheriffs who are engaged
directly in criminal law enforcement activities that aggregate more than
fifty per centum of their service as certified by the county sheriff and
are police officers pursuant to subdivision thirty-four of section  1.20
of  the  criminal  procedure  law  as  certified by the municipal police
training council or Suffolk county correction officers or Suffolk county
park police, the board shall render assistance as follows:
  (f) With regard to any members of collective negotiating units  desig-
nated as security services or security supervisors, who are police offi-
cers,  who  are  forest ranger captains or who are employed by the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  are  designated  as  peace officers pursuant to subdivision

S. 2812                            167                           A. 4012

twenty-five of section 2.10 of the criminal procedure law, or in  regard
to  members  of the collective negotiating unit designated as the agency
law enforcement services unit who are police officers pursuant to subdi-
vision  thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or in regard  to  detective-investigators,  criminal
investigators  or  rackets  investigators  employed  in  the office of a
district attorney of a county contained within a city with a  population
of  one million or more, the provisions of this section shall only apply
to the terms of collective bargaining agreements  directly  relating  to
compensation,  including, but not limited to, salary, stipends, location
pay, insurance, medical and  hospitalization  benefits;  and  shall  not
apply  to  non-compensatory  issues  including,  but not limited to, job
security, disciplinary procedures and actions, deployment or scheduling,
or issues relating to eligibility for overtime compensation which  shall
be governed by other provisions proscribed by law.
  S  65. Section 217-a of the county law, as added by chapter 134 of the
laws of 1984, is amended to read as follows:
  S 217-a. Qualification for employment as a county correction  officer.
A  county  may adopt the provisions contained in section twenty-two-a of
the correction law relating to qualifications of its officials  who  may
thereafter  be  appointed  in  a  law enforcement capacity in any of its
penal correctional institutions. Any determination that would  otherwise
be  made by the commissioner or his OR HER designee of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION under  the
provisions of section twenty-two-a of the correction law, shall, if such
provisions  are so adopted, be made by the appointing authority for such
officials.
  S 66. Subdivision 4 of section 652 of the county  law  is  amended  to
read as follows:
  4.  Before the appointment by a sheriff of any person as an undersher-
iff or a deputy, other than a person deputed to do particular acts,  the
sheriff  shall  require such person to, and such person shall, submit to
the sheriff fingerprints of [the two hands of] such person, IN THE  FORM
AND  MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, and
it shall thereupon be the duty of the sheriff to compare, or cause to be
compared such fingerprints with fingerprints filed with the division  of
criminal  [identification of the state department of correction] JUSTICE
SERVICES; provided, however, that in any case where the fingerprints  of
any  such person shall once have been submitted pursuant to this section
and are on file in the office of the sheriff, no new submission  thereof
shall be required, nor shall the sheriff be required to make or cause to
be  made  such comparison if such comparison shall have been made previ-
ously and certification thereof by such department is  on  file  in  his
office.
  S 67. Subdivision 9 of section 10 of the court of claims act, as added
by section 2 of part D of chapter 412 of the laws of 1999, is amended to
read as follows:
  9.  A claim of any inmate in the custody of the department of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION for  recovery  of
damages  for  injury  to  or  loss of personal property may not be filed
unless and until the inmate has exhausted the personal  property  claims
administrative  remedy,  established for inmates by the department. Such
claim must be filed and served within one hundred twenty days after  the
date on which the inmate has exhausted such remedy.

S. 2812                            168                           A. 4012

  S  68.  Subdivision  6-a  of section 20 of the court of claims act, as
amended by section 46 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  6-a.  Notwithstanding  the provisions of subdivisions five, five-a and
six of this section, in any case where a judgment or any part thereof is
to be paid to an inmate serving a  sentence  of  imprisonment  with  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION or to a prisoner confined at a local correctional  facility,
the  comptroller  shall  give  written  notice,  if required pursuant to
subdivision two of section six hundred  thirty-two-a  of  the  executive
law,  to  the office of victim services that such judgment shall be paid
thirty days after the date of such notice.
  S 69. Section 20-a of the court of claims act, as amended  by  chapter
62 of the laws of 2001, is amended to read as follows:
  S   20-a.  Settlement  of  claims.  Notwithstanding  any  inconsistent
provision of this act or of the state finance law, the comptroller shall
examine, audit, and certify for payment  the  settlement  of  any  claim
filed  in  the  court  of claims for injuries to personal property, real
property, or for personal injuries caused by the tort of an  officer  or
employee of the state while acting as such officer or employee, provided
that a stipulation of settlement executed by the parties shall have been
approved by order of the court. No such stipulation shall be executed on
behalf of the state without, after consultation with the director of the
budget,  the  approval  of  the  head of the department or agency having
supervision of the officer or employee alleged to have caused the  inju-
ries  and  of  the  attorney general. The attorney general shall cause a
review to be made within the department of law of all cases filed in the
court of claims to determine which cases are  appropriate  for  possible
settlement.  Payment  of  any  claim  made pursuant to the approval of a
settlement by the court shall be made from the  funds  appropriated  for
the  purpose  of  payment  of  judgments  against  the state pursuant to
section twenty of this act. In any case where payment is to be  made  to
an  inmate  serving a sentence of imprisonment with the state department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or to a
prisoner confined at a local correctional facility, the  procedures  set
forth  in  subdivision  six-a of section twenty of this article shall be
followed. On or before January fifteenth the comptroller,  in  consulta-
tion  with  the department of law and other agencies as may be appropri-
ate, shall submit to the governor and the legislature an annual account-
ing of settlements paid pursuant to this section  during  the  preceding
and  current  fiscal  years.  Such  accounting shall include, but not be
limited to the number, type and amount of claims so paid, as well as  an
estimate of claims to be paid during the remainder of the current fiscal
year and during the following fiscal year.
  S  70.  Subdivisions  23,  23-a and 25 of section 2.10 of the criminal
procedure law, subdivisions 23 and 25 as added by  chapter  843  of  the
laws  of  1980, and subdivision 23-a as added by chapter 404 of the laws
of 2000, are amended to read as follows:
  23. Parole officers or warrant officers in the  [division  of  parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  23-a.  Parole  revocation  specialists  in  the  [division  of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION; provided,  however,
that  nothing  in  this  subdivision  shall  be deemed to authorize such
employee to carry, possess, repair or dispose of a  firearm  unless  the
appropriate  license therefor has been issued pursuant to section 400.00
of the penal law.

S. 2812                            169                           A. 4012

  25. Officials, as designated by the commissioner of the department  of
[correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION pursuant
to rules of the department, and correction officers of any state correc-
tional facility or of any penal correctional institution.
  S  71.  Section  120.55  of  the criminal procedure law, as amended by
chapter 456 of the laws of 1981, is amended to read as follows:
S 120.55 [Warant] WARRANT of arrest; [defendent] DEFENDANT under  parole
             or probation supervision.
  If  the  defendant  named within a warrant of arrest issued by a local
criminal court pursuant to the provisions of this article, or by a supe-
rior court issued pursuant to subdivision three  of  section  210.10  of
[such]  THIS chapter, is under the supervision of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
or  state probation department, then a warrant for his OR HER arrest may
be executed by a parole officer or probation officer, when authorized by
his OR HER probation director, within his OR HER  geographical  area  of
employment.    The  execution  of  the  warrant  by  a parole officer or
probation officer shall be upon the same conditions and conducted in the
same manner as provided for execution of a warrant by a police officer.
  S 72. Subdivisions 1, 2, 3 and 5 of section  140.10  of  the  criminal
procedure  law, subdivisions 1, 2 and 3 as amended by chapter 997 of the
laws of 1970, paragraph (a) of subdivision 2 as amended by  chapter  300
of  the laws of 2003, and subdivision 5 as amended by chapter 476 of the
laws of 2009, are amended to read as follows:
S 140.10 Arrest without a warrant; by police  officer;  when  and  where
             authorized.
  1.  Subject to the provisions of subdivision two, a police officer may
arrest a person for:
  (a) Any offense when he OR SHE has reasonable cause  to  believe  that
such person has committed such offense in his OR HER presence; and
  (b)  A  crime when he OR SHE has reasonable cause to believe that such
person has committed such crime, whether  in  his  OR  HER  presence  or
otherwise.
  2.  A police officer may arrest a person for a petty offense, pursuant
to subdivision one, only when:
  (a) Such offense was committed or believed by him or her to have  been
committed  within the geographical area of such police officer's employ-
ment or within one hundred yards of such geographical area; and
  (b) Such arrest is made in  the  county  in  which  such  offense  was
committed  or believed to have been committed or in an adjoining county;
except that the police officer may  follow  such  person  in  continuous
close  pursuit, commencing either in the county in which the offense was
or is believed to have been committed or in an adjoining county, in  and
through any county of the state, and may arrest him OR HER in any county
in which he OR SHE apprehends him OR HER.
  3.  A  police  officer  may  arrest  a person for a crime, pursuant to
subdivision one, whether or not such  crime  was  committed  within  the
geographical area of such police officer's employment, and he OR SHE may
make  such  arrest  within  the  state,  regardless  of the situs of the
commission of the crime. In addition,  he  OR  SHE  may,  if  necessary,
pursue  such  person  outside the state and may arrest him OR HER in any
state the laws of  which  contain  provisions  equivalent  to  those  of
section 140.55.
  5.  Upon  investigating a report of a crime or offense between members
of the same family or household as such terms  are  defined  in  section
530.11  of  this  chapter and section eight hundred twelve of the family

S. 2812                            170                           A. 4012

court act, a law enforcement officer shall prepare and  file  a  written
report  of the incident, on a form promulgated pursuant to section eight
hundred thirty-seven of the executive law, including statements made  by
the  victim  and  by  any  witnesses,  and  make  any additional reports
required by local law enforcement policy  or  regulations.  Such  report
shall  be  prepared  and  filed,  whether  or not an arrest is made as a
result of the officers' investigation, and shall be retained by the  law
enforcement  agency  for a period of not less than four years. Where the
reported incident involved an offense committed against a person who  is
sixty-five  years  of age or older a copy of the report required by this
subdivision shall be sent to the New York state committee for the  coor-
dination  of  police services to elderly persons established pursuant to
section eight hundred forty-four-b  of  the  executive  law.  Where  the
reported  incident  involved an offense committed by an individual known
by the law enforcement officer to be under probation  or  parole  super-
vision, he or she shall transmit a copy of the report as soon as practi-
cable  to  the  supervising  probation  department  or  the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 73. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
procedure law, as amended by chapter 169 of the laws of 1994, is amended
to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state [division of parole] DEPARTMENT OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  when  the accused is on parole
supervision as a result of  conditional  release  or  a  parole  release
granted  by  the New York state board of parole, and the arrest which is
the subject of the inquiry is one which occurred while the  accused  was
under such supervision or (v) any prospective employer of a police offi-
cer  or peace officer as those terms are defined in subdivisions thirty-
three and thirty-four of section 1.20 of this chapter, in relation to an
application for  employment  as  a  police  officer  or  peace  officer;
provided,  however,  that every person who is an applicant for the posi-
tion of police officer or peace officer shall be furnished with  a  copy
of all records obtained under this paragraph and afforded an opportunity
to make an explanation thereto, or (vi) the probation department respon-
sible  for  supervision  of  the  accused  when  the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision; and
  S 74. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such  person's  designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in  which  the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
parte  motion  in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires  that  such  records  be

S. 2812                            171                           A. 4012

made available to it, or (iii) any state or local officer or agency with
responsibility  for  the  issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv)  the  New  York
state  [division  of  parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
SUPERVISION when the accused is under parole supervision as a result  of
conditional  release  or  parole  release  granted by the New York state
board of parole and the arrest which is the subject of  the  inquiry  is
one  which occurred while the accused was under such supervision, or (v)
the probation department responsible for supervision of the accused when
the arrest which is the subject of the inquiry  is  one  which  occurred
while  the  accused was under such supervision, or (vi) a police agency,
probation department,  sheriff's  office,  district  attorney's  office,
department  of correction of any municipality and parole department, for
law enforcement purposes, upon arrest in instances in which the individ-
ual stands convicted of harassment in the second degree, as  defined  in
section  240.26 of the penal law, committed against a member of the same
family or household as the defendant, as defined in subdivision  one  of
section  530.11  of this chapter, and determined pursuant to subdivision
eight-a of section 170.10 of this title; and
  S 75. Subdivisions 4 and 5 of section 380.50 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
  4. Regardless of whether the victim requests to make a statement  with
regard  to the defendant's sentence, where the defendant is committed to
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION upon a sentence of imprisonment for conviction  of
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined  in article one hundred twenty-five of such law, or a
sex offense as defined in subdivision (p) of section 10.03 of the mental
hygiene law, within sixty days of the imposition of sentence the  prose-
cutor  shall provide the victim with a form, prepared and distributed by
the  commissioner  of  the   department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION, on which the victim may indicate
a demand to be informed of the escape,  absconding,  discharge,  parole,
conditional  release,  release  to post-release supervision, transfer to
the custody of the office of mental health pursuant to  article  ten  of
the mental hygiene law, or release from confinement under article ten of
the  mental  hygiene  law  of  the  person  so imprisoned. If the victim
submits a completed form to the prosecutor, it shall be the duty of  the
prosecutor to mail promptly such form to the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  5. Following the receipt of such form from the prosecutor, it shall be
the  duty  of  the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or, where the person is committed to  the  custody
of  the  office of mental health, at the time such person is discharged,
paroled, conditionally released, released to  post-release  supervision,
or  released  from  confinement  under article ten of the mental hygiene
law, to notify the victim of such occurrence by certified mail  directed
to  the address provided by the victim. In the event such person escapes
or absconds from a facility under the jurisdiction of the department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION, it shall
be the duty of such department to notify immediately the victim of  such
occurrence  at  the most current address or telephone number provided by
the victim in the most reasonable and expedient possible manner. In  the
event  such  escapee  or absconder is subsequently taken into custody by
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY

S. 2812                            172                           A. 4012

SUPERVISION,  it  shall  be  the  duty  of such department to notify the
victim of such occurrence by certified  mail  directed  to  the  address
provided by the victim within forty-eight hours of regaining such custo-
dy.  In  the  case  of a person who escapes or absconds from confinement
under article ten of the mental hygiene law, the office of mental health
shall notify the victim or victims in accordance with the procedures set
forth in subdivision (g) of section 10.10 of the mental hygiene law.  In
no case shall the state be held liable for failure to provide any notice
required by this subdivision.
  S 76. Subdivisions 1, 6 and 8 of section 410.91 of the criminal proce-
dure  law,  subdivision  1 as amended by chapter 121 of the laws of 2010
and subdivisions 6 and 8 as added by chapter 3 of the laws of 1995,  are
amended to read as follows:
  1.  A  sentence  of parole supervision is an indeterminate sentence of
imprisonment, or a determinate sentence of imprisonment imposed pursuant
to paragraphs (b) and (d) of subdivision three of section 70.70  of  the
penal  law,  which may be imposed upon an eligible defendant, as defined
in subdivision two of this section. If an indeterminate  sentence,  such
sentence  shall have a minimum term and a maximum term within the ranges
specified by subdivisions three and four of section 70.06 of  the  penal
law.  If  a determinate sentence, such sentence shall have a term within
the ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of
subdivision three of section 70.70 of the penal law. Provided,  however,
if  the  court  directs  that  the sentence be executed as a sentence of
parole supervision, it shall remand the defendant for immediate delivery
to a reception center operated by the state department of  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  in accordance with
section 430.20 of this chapter  and  section  six  hundred  one  of  the
correction  law,  for a period not to exceed ten days. An individual who
receives such a sentence shall be placed under the immediate supervision
of the [state division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION and must comply with  the  conditions  of  parole,  which
shall  include  an  initial  placement  in a drug treatment campus for a
period of ninety days at which time  the  defendant  shall  be  released
therefrom.
  6.  Upon  delivery of the defendant to the reception center, he or she
shall be given a copy of the conditions of parole by a representative of
the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION  and  shall  acknowledge  receipt  of a copy of the conditions in
writing. The conditions shall be established in accordance with  article
[twelve-B]  EIGHT  of  the  [executive] CORRECTION law and the rules and
regulations of the [division of parole] DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION. Thereafter and while the parolee is participating
in  the  intensive drug treatment program provided at the drug treatment
campus, the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION shall assess the parolee's special needs and  shall  develop
an  intensive  program  of  parole  supervision  that  will  address the
parolee's substance abuse  history  and  which  shall  include  periodic
urinalysis testing. Unless inappropriate, such program shall include the
provision  of  treatment  services  by a community-based substance abuse
service provider which has a contract  with  the  [division  of  parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  8. If the parole officer having charge of a person sentenced to parole
supervision  pursuant  to  this  section has reasonable cause to believe
that such person has violated the conditions of his or her  parole,  the
procedures  of [subdivision three of] section two hundred [fifty-nine-i]

S. 2812                            173                           A. 4012

FIVE of the [executive] CORRECTION law shall apply to the issuance of  a
warrant  and the conduct of further proceedings; provided, however, that
a parole violation warrant issued for a violation  committed  while  the
parolee  is being supervised at a drug treatment campus shall constitute
authority for the immediate placement of the parolee into a correctional
facility  operated  by  the  department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, which to the extent practicable
shall be reasonably proximate  to  the  place  at  which  the  violation
occurred,  to  hold  in  temporary  detention  pending completion of the
procedures required  by  [subdivision  three  of]  section  two  hundred
[fifty-nine-i] FIVE of the [executive] CORRECTION law.
  S 77. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, as amended by chapter 3 of the laws of 1995, are amended to read as
follows:
  2. Indeterminate and determinate sentences. In the case of an indeter-
minate  or  determinate  sentence of imprisonment, commitment must be to
the  custody  of  the  state  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as provided in subdivision one of
section 70.20 of the penal law. The order of commitment must direct that
the defendant be delivered to an institution designated by  the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
in accordance with the provisions of the correction law.
  4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same
act,  if  the  term  of  the new definite or determinate sentence or the
maximum term of the new indeterminate sentence so imposed is  less  than
or equal to that of the vacated sentence:
  (a)  where the time served by the defendant on the vacated sentence is
equal to or greater than the term or maximum term of the  new  sentence,
the  new  sentence  shall be deemed to be served in its entirety and the
defendant shall not be committed to a correctional facility pursuant  to
said sentence; and
  (b)  where  the  defendant was under the supervision of a local condi-
tional release commission or the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  at  the  time the sentence was
vacated, then the commitment shall direct that said conditional  release
or  parole be recommenced, and the defendant shall not be committed to a
correctional facility pursuant to said sentence, except as a  result  of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of  parole]  DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION at the
time the indeterminate or determinate sentence was  vacated,  but  would
immediately  be eligible for conditional release from the new indetermi-
nate or determinate sentence, the court shall ascertain from the depart-
ment of [correctional services] CORRECTIONS  AND  COMMUNITY  SUPERVISION
whether  the defendant has earned a sufficient amount of good time under
the vacated sentence so as to require the  conditional  release  of  the
defendant  under the new sentence; in the event the defendant has earned
a sufficient amount of good time, the  court  shall  stay  execution  of
sentence  until  the  defendant  surrenders  at  a correctional facility
pursuant to the direction of the department of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, which shall occur no later than
sixty days after imposition of sentence; upon said  stay  of  execution,
the  court  clerk shall immediately mail to the commissioner of [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION a certified  copy

S. 2812                            174                           A. 4012

of  the commitment reflecting said stay of execution and the name, mail-
ing address and telephone number  of  the  defendant's  legal  represen-
tative; in the event the defendant fails to surrender as directed by the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, the department shall notify the  court  which  shall  thereafter
remand the defendant to custody pursuant to section 430.30 of this arti-
cle; and
  (d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the
commitment  to  the  commissioner of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate or determinate sentence and no mailing is  required  by
paragraph  (c)  of this subdivision; additionally, the court clerk shall
immediately mail a certified copy of the new commitment to the  head  of
the  appropriate  local correctional facility if the vacated sentence or
the new sentence is a definite sentence.
  S 78. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, subdivision 2 as amended by chapter 788 of the  laws  of  1971  and
subdivision 4 as amended by chapter 370 of the laws of 1994, are amended
to read as follows:
  2.  Indeterminate [and reformatory] sentences. In the case of an inde-
terminate [or reformatory] sentence of imprisonment, commitment must  be
to  the  custody  of  the  state  department  of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION as provided in subdivision one  of
section 70.20 [and section 75.05] of the penal law. The order of commit-
ment  must  direct  that  the  defendant  be delivered to an institution
designated by the commissioner of  [correctional  services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION  in  accordance  with  the provisions of the
correction law.
  4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same
act, if the term of the new definite sentence or the maximum term of the
new  indeterminate  sentence so imposed is less than or equal to that of
the vacated sentence:
  (a) where the time served by the defendant on the vacated sentence  is
equal  to  or greater than the term or maximum term of the new sentence,
the new sentence shall be deemed to be served in its  entirety  and  the
defendant  shall not be committed to a correctional facility pursuant to
said sentence; and
  (b) where the defendant was under the supervision of  a  local  condi-
tional  release  commission  or  the  [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION  at  the  time  the  sentence  was
vacated,  then the commitment shall direct that said conditional release
or parole be recommenced, and the defendant shall not be committed to  a
correctional  facility  pursuant to said sentence, except as a result of
revocation of parole or of conditional release; and
  (c) where the defendant was not under the supervision of the [division
of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  at  the
time  the  indeterminate  sentence was vacated, but would immediately be
eligible for conditional release from the  new  indeterminate  sentence,
the court shall ascertain from the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION whether the defendant has earned a
sufficient  amount  of  good  time  under  the vacated sentence so as to
require the conditional release of the defendant under the new sentence;
in the event the defendant has earned a sufficient amount of good  time,

S. 2812                            175                           A. 4012

the  court  shall stay execution of sentence until the defendant surren-
ders at a correctional facility pursuant to the direction of the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
which shall occur no later than sixty days after imposition of sentence;
upon  said  stay of execution, the court clerk shall immediately mail to
the commissioner of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  a  certified copy of the commitment reflecting said stay of
execution and the name, mailing address  and  telephone  number  of  the
defendant's  legal  representative;  in the event the defendant fails to
surrender as directed  by  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, the department shall notify the
court which shall thereafter remand the defendant to custody pursuant to
section 430.30 of this article; and
  (d) upon the resentence of a defendant as described in  this  subdivi-
sion,  the  court  clerk  shall immediately mail a certified copy of the
commitment to the commissioner of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION if the vacated sentence or the new sentence is
an indeterminate sentence and no mailing is required by paragraph (c) of
this subdivision; additionally, the court clerk shall immediately mail a
certified  copy  of  the  new  commitment to the head of the appropriate
local correctional facility if the vacated sentence or the new  sentence
is a definite sentence.
  S  79.  Subdivision 1 of section 440.46 of the criminal procedure law,
as added by section 9 of part AAA of chapter 56 of the laws of 2009,  is
amended to read as follows:
  1.  Any  person  in  the  custody  of  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION convicted of a  class  B
felony  offense  defined  in article two hundred twenty of the penal law
which was committed prior to January thirteenth, two thousand five,  who
is  serving  an  indeterminate sentence with a maximum term of more than
three years, may,  except  as  provided  in  subdivision  five  of  this
section,  upon  notice to the appropriate district attorney, apply to be
resentenced to a determinate sentence in accordance with sections  60.04
and 70.70 of the penal law in the court which imposed the sentence.
  S  80.  Subdivision 1 of section 440.50 of the criminal procedure law,
as amended by chapter 186 of the laws of 2005, is  amended  to  read  as
follows:
  1.  Upon  the  request  of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a  violent
felony  offense as defined in section 70.02 of the penal law or a felony
defined in article one hundred twenty-five of  such  law,  the  district
attorney  shall, within sixty days of the final disposition of the case,
inform the victim by letter of such final  disposition.  If  such  final
disposition results in the commitment of the defendant to the custody of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION for an indeterminate sentence, the notice  provided  to  the
crime  victim shall also inform the victim of his or her right to submit
a written, audiotaped, or videotaped  victim  impact  statement  to  the
[state  division  of  parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
SUPERVISION or to meet personally with a member of the  state  board  of
parole  at a time and place separate from the personal interview between
a member or members of the board and the inmate and make such  a  state-
ment,  subject  to  procedures and limitations contained in rules of the
board, [both]  pursuant  to  subdivision  two  of  section  two  hundred
[fifty-nine-i]  FIFTY-NINE-B  of  the  executive  law.  The right of the
victim under this subdivision to submit a written victim  impact  state-

S. 2812                            176                           A. 4012

ment  or  to  meet personally with a member of the state board of parole
applies to each personal interview between a member or  members  of  the
board and the inmate.
  S 81. Subdivisions 8 and 9 of section 530.12 of the criminal procedure
law,  subdivision  8  as amended by section 5 of part D of chapter 56 of
the laws of 2008, and subdivision 9 as amended by  chapter  530  of  the
laws of 1980, are amended to read as follows:
  8.  In  any  proceeding  in  which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to  the  complainant  and  defendant  and
defense  counsel and to any other person affected by the order a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any peace officer acting pursuant to his OR HER special duties or police
officer shall constitute authority for him OR HER to arrest a person who
has  violated  the  terms of such order and bring such person before the
court and, otherwise, so far as lies within his OR HER power, to aid  in
securing the protection such order was intended to afford.
  9.  If  no  warrant,  order  or temporary order of protection has been
issued by the court, and an act  alleged  to  be  a  family  offense  as
defined  in  section  530.11 of this chapter is the basis of the arrest,
the magistrate shall permit the complainant to file a petition, informa-
tion or accusatory instrument and  for  reasonable  cause  shown,  shall
thereupon  hold  such  respondent  or defendant, admit to, fix or accept
bail, or parole him OR HER for hearing before the family court or appro-
priate criminal court as the complainant shall choose in accordance with
the provisions of section 530.11 of this chapter.
  S 82. Subdivision 6 of section 530.13 of the criminal  procedure  law,
as  amended by section 6 of part D of chapter 56 of the laws of 2008, is
amended to read as follows:
  6. In any proceeding in which an  order  of  protection  or  temporary
order of protection or a warrant has been issued under this section, the
clerk  of  the  court  shall  issue  to the victim and the defendant and
defense counsel and to any other person affected by the order, a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or [division of parole] DEPARTMENT OF CORRECTIONS AND  COMMU-
NITY  SUPERVISION  where  the  individual  is  under probation or parole
supervision. The presentation of a copy of such order or  a  warrant  to
any  police  officer  or  peace  officer  acting  pursuant to his OR HER
special duties shall constitute authority for him OR  HER  to  arrest  a
person  who  has  violated the terms of such order and bring such person
before the court and, otherwise, so far as lies within his OR HER power,
to aid in securing the protection such order was intended to afford.
  S 83. Subdivisions 4, 5 and 6 of section 530.70 of the criminal proce-
dure law, subdivisions 4 and 5 as added and subdivision 6 as  renumbered

S. 2812                            177                           A. 4012

by chapter 565 of the laws of 1988 and subdivision 6 as amended by chap-
ter 456 of the laws of 1981, are amended to read as follows:
  4.  The  issuing  court  may authorize the delegation of such warrant.
Where the issuing court has so authorized, a police officer  to  whom  a
bench  warrant  is addressed may delegate another police officer to whom
it is not addressed to execute such warrant as his OR HER agent when:
  (a) He OR SHE has reasonable cause to believe that the defendant is in
a particular county other than the one in which the warrant  is  return-
able; and
  (b)  The geographical area of employment of the delegated police offi-
cer embraces the locality where the arrest is to be made.
  5. Under circumstances specified in subdivision four, the police offi-
cer to whom the bench warrant is  addressed  may  inform  the  delegated
officer,  by telecommunication, mail or any other means, of the issuance
of the warrant, of the offense  charged  in  the  underlying  accusatory
instrument  and  of  all other pertinent details, and may request him OR
HER to act as his OR HER agent in arresting the  defendant  pursuant  to
such  bench  warrant. Upon such request, the delegated police officer is
to the same extent as the delegating officer, authorized  to  make  such
arrest  pursuant  to  the  bench warrant within the geographical area of
such delegated officer's employment. Upon so arresting the defendant, he
OR SHE must without unnecessary delay deliver the defendant or cause him
OR HER to be delivered to the custody of the police officer by  whom  he
OR  SHE  was  so delegated, and the latter must then without unnecessary
delay bring the defendant before the court in which such  bench  warrant
is returnable.
  6.  A  bench warrant may be executed by an officer of the state [divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or a
probation officer when the person named within the warrant is under  the
supervision  of  the  [division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION or a department of  probation  and  the  probation
officer  is authorized by his OR HER probation director, as the case may
be. The warrant must be executed upon the same  conditions  and  in  the
same manner as is otherwise provided for execution by a police officer.
  S 84. Section 570.54 of the criminal procedure law, subdivisions 2 and
3  as  amended  by  chapter 2 of the laws of 1980, is amended to read as
follows:
S 570.54   Application  for  issuance  of  requisition;  by  whom  made;
             contents.
  1.  When  the  return  to this state of a person charged with crime in
this state is required, the district attorney of the county in which the
offense was committed, or, if the offense is one which is cognizable  by
him  OR  HER,  the attorney general shall present to the governor his OR
HER written application for a requisition for the return of  the  person
charged,  in which application shall be stated the name of the person so
charged, the crime charged against him OR  HER,  the  approximate  time,
place  and circumstances of its commission, the state in which he OR SHE
is believed to be, including the location of the accused therein at  the
time  the application is made and certifying that, in the opinion of the
said district attorney or attorney general the ends of  justice  require
the  arrest  and  return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.
  2.  When there is required the return to this state of  a  person  who
has  been  convicted  of  a  crime  in  this  state and has escaped from
confinement or broken the terms of his OR HER bail, probation or parole,
the district attorney of the county in which the offense was  committed,

S. 2812                            178                           A. 4012

[the  parole  board, or] the warden of the institution or sheriff of the
county, from which escape was made, or the  commissioner  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  or  his  OR HER designee shall present to the governor a written
application for a requisition for the return of such  person,  in  which
application  shall  be stated the name of the person, the crime of which
he OR SHE was convicted, the circumstances of his  OR  HER  escape  from
confinement  or of the breach of the terms of his OR HER bail, probation
or parole, the state in which he OR SHE is believed to be, including the
location of the person therein at the time the application is made.
  3. The application shall be verified by affidavit, shall  be  executed
in  duplicate  and  shall  be accompanied by two certified copies of the
accusatory instrument stating the offense  with  which  the  accused  is
charged,  or  of  the  judgment  of conviction or of the sentence.   The
district attorney, attorney general, [parole board,] warden, sheriff  or
the  commissioner  of  the  state  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION or his OR HER  designee  may  also
attach such further affidavits and other documents in duplicate as he OR
SHE shall deem proper to be submitted with such application. One copy of
the  application,  with the action of the governor indicated by endorse-
ment thereon, and one of the certified copies of the accusatory  instru-
ment, or of the judgment of conviction or the sentence shall be filed in
the office of the secretary of state to remain of record in that office.
The  other  copies  of all papers shall be forwarded with the governor's
requisition.
  S 85. Section 570.56 of the criminal  procedure  law,  as  amended  by
chapter 193 of the laws of 1995, is amended to read as follows:
S 570.56  Expense of extradition.
  The expenses of extradition must be borne by the county from which the
application for a requisition comes or, where the application is made by
the  attorney general, by the county in which the offense was committed.
In the case of extradition of a person who has been convicted of a crime
in this state and has escaped from a state prison  or  reformatory,  the
expense of extradition shall be borne by the department of [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION.   Where a person has
broken the terms of his OR HER parole from a state prison or  reformato-
ry,  the expense of extradition shall be borne by the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.    Where  a
person has broken the terms of his OR HER bail or probation, the expense
of  extradition  shall  be borne by the county.  Where a person has been
convicted but not yet confined to a prison, or has been sentenced for  a
felony  to  a  county  jail or penitentiary and escapes, the expenses of
extradition shall be charged to the county from whose custody the escape
is effected. Nothing in this section shall preclude a county[,]  OR  the
department  of  [correctional  services or the state division of parole]
CORRECTIONS AND COMMUNITY SUPERVISION, as the case may be, from collect-
ing the expenses involved in extradition from the person who was extrad-
ited.
  S 86. Section 650.10 of the criminal  procedure  law,  as  amended  by
chapter 550 of the laws of 1978, is amended to read as follows:
S  650.10    Securing attendance of prisoner in this state as witness in
             proceeding without the state.
  If a judge of a court of record in any other state, which by its  laws
has made provision for commanding a prisoner within that state to attend
and  testify  in this state, certifies under the seal of that court that
there is a criminal prosecution pending in such court or  that  a  grand

S. 2812                            179                           A. 4012

jury  investigation  has  commenced, and that a person confined in a New
York state correctional institution or prison within the  department  of
[correction]  CORRECTIONS AND COMMUNITY SUPERVISION, other than a person
confined  as  criminally  mentally ill, or as a defective delinquent, or
confined in the death house awaiting execution, is a material witness in
such prosecution or investigation  and  that  his  OR  HER  presence  is
required  for  a  specified  number  of  days,  upon presentment of such
certificate to a judge of a superior  court  in  the  county  where  the
person  is  confined,  upon  notice to the attorney general, such judge,
shall fix a time and place  for  a  hearing  and  shall  make  an  order
directed  to  the  person  having custody of the prisoner requiring that
such prisoner be produced at the hearing.
  If at such hearing the judge determines that the prisoner is a materi-
al and necessary witness in the requesting state, the judge shall  issue
an order directing that the prisoner attend in the court where the pros-
ecution  or  investigation is pending, upon such terms and conditions as
the judge prescribes, including among other things,  provision  for  the
return of the prisoner at the conclusion of his OR HER testimony, proper
safeguards  on his OR HER custody, and proper financial reimbursement or
other payment by the demanding jurisdiction for all expenses incurred in
the production and return of the prisoner.
  The attorney general is authorized as agent for the state of New York,
when in his OR HER judgment it is necessary, to enter into  such  agree-
ments  with the appropriate authorities of the demanding jurisdiction as
he OR SHE determines necessary to  ensure  proper  compliance  with  the
order of the court.
  S 87. Subdivisions 1, 2 and 4 of section 720.35 of the criminal proce-
dure  law,  subdivision 1 as amended by chapter 452 of the laws of 1992,
subdivision 2 as amended by chapter 412 of the laws of 2001 and subdivi-
sion 4 as added by chapter 7 of the laws of 2007, are amended to read as
follows:
  1. A youthful offender adjudication is not a  judgment  of  conviction
for  a  crime  or any other offense, and does not operate as a disquali-
fication of any person so adjudged  to  hold  public  office  or  public
employment  or  to  receive  any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred [fifty-nine-m] TEN of
the [executive] CORRECTION law.
  2. Except where specifically required or permitted by statute or  upon
specific  authorization  of  the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may  not  be  made
available  to  any  person  or  public or private agency, other than the
designated educational official of the public or private  elementary  or
secondary  school  in  which the youth is enrolled as a student provided
that such local educational official shall only have  made  available  a
notice of such adjudication and shall not have access to any other offi-
cial  records  and  papers,  such youth or such youth's designated agent
(but only where the official records and papers sought are on file  with
a  court and request therefor is made to that court or to a clerk there-
of), an institution to which such youth has been committed,  the  [divi-
sion  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION and
a probation department of this state that requires such official records
and papers for the purpose of carrying out duties  specifically  author-
ized  by  law; provided, however, that information regarding an order of

S. 2812                            180                           A. 4012

protection or temporary order of protection issued pursuant  to  section
530.12  of  this chapter or a warrant issued in connection therewith may
be maintained on the statewide automated order of protection and warrant
registry established pursuant to section two hundred twenty-one-a of the
executive  law during the period that such order of protection or tempo-
rary order of protection is in full force and  effect  or  during  which
such  warrant may be executed. Such confidential information may be made
available pursuant to law only for purposes of adjudicating or enforcing
such order of protection or temporary order  of  protection  and,  where
provided  to  a  designated  educational official, as defined in section
380.90 of this chapter, for purposes related to  the  execution  of  the
student's  educational plan, where applicable, successful school adjust-
ment and reentry into the community. Such  notification  shall  be  kept
separate  and  apart  from  such  student's  school records and shall be
accessible only by the designated educational official.  Such  notifica-
tion  shall  not  be  part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such  notification  be
used for any purpose other than those specified in this subdivision.
  4.  Notwithstanding subdivision two of this section, whenever a person
is adjudicated a youthful offender and the conviction that  was  vacated
and  replaced  by the youthful offender finding was for a sex offense as
that term is defined in article ten  of  the  mental  hygiene  law,  all
records  pertaining  to  the  youthful  offender  adjudication  shall be
included in those records and  reports  that  may  be  obtained  by  the
commissioner of mental health or the commissioner of [mental retardation
and developmental disabilities] DEVELOPMENTAL DISABILITIES, as appropri-
ate; the case review panel; and the attorney general pursuant to section
10.05 of the mental hygiene law.
  S  88.  Paragraph  b  of subdivision 1 of section 272 of the education
law, as amended by chapter 787 of the laws of 1978, is amended  to  read
as follows:
  b.  The  "area  served" by a public library system for the purposes of
this article shall  mean  the  area  which  the  public  library  system
proposes  to  serve  in its approved plan of service. In determining the
population of the area served by the public  library  system  the  popu-
lation shall be deemed to be that shown by the latest federal census for
the  political subdivisions in the area served. Such population shall be
certified in the same manner as provided by section  fifty-four  of  the
state finance law except that such population shall include the reserva-
tion  and  school  Indian  population  and inmates of state institutions
under the direction, supervision or control of the state  department  of
[correction] CORRECTIONS AND COMMUNITY SUPERVISION, the state department
of  mental  [hygiene] HEALTH and the state department of social welfare.
In the event that any of the political  subdivisions  receiving  library
service  are  included  within a larger political subdivision which is a
part of the public library system the population used for  the  purposes
of  computing  state aid shall be the population of the larger political
subdivision, provided however,  that  where  any  political  subdivision
within a larger political subdivision shall have taken an interim census
since  the  last  census  taken of the larger political subdivision, the
population of the  larger  political  subdivision  may  be  adjusted  to
reflect  such  interim census and, as so adjusted, may be used until the
next census of such larger political subdivision. In the event that  the
area  served  is not coterminous with a political subdivision, the popu-

S. 2812                            181                           A. 4012

lation of which is shown on such census, or the area in square miles  of
which is available from official sources, such population and area shall
be  determined,  for the purpose of computation of state aid pursuant to
section  two hundred seventy-three OF THIS PART by applying to the popu-
lation and area in square miles of such political subdivision, the ratio
which exists between the assessed valuation of the portion of such poli-
tical subdivision included within the area served and the total assessed
valuation of such political subdivision.
  S 89. Subparagraph 3 of paragraph a of subdivision 9 of section 605 of
the education law, as amended by chapter 523 of the  laws  of  1992,  is
amended to read as follows:
  (3)  The  applicant  must agree to practice medicine in an area in New
York state designated as having a shortage of physicians.  The  regents,
after  consultation  with  the  commissioners  of  health, [correctional
services] CORRECTIONS  AND  COMMUNITY  SUPERVISION,  mental  health  and
[mental  retardation  and]  developmental  disabilities, shall designate
those regions and facilities of New York state which have a shortage  of
physicians for the purposes of this section and establish relative rank-
ings thereof.
  S  90.  Subdivision 6 of section 6542 of the education law, as amended
by chapter 179 of the laws of 1992, is amended to read as follows:
  6. Notwithstanding any other provision of this article, nothing  shall
prohibit a physician employed by or rendering services to the department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION under
contract from supervising no more  than  four  physician  assistants  or
specialist assistants in his practice for the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  91. Subdivision 16-a of section 3-102 of the election law, as added
by section 10 of part OO of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  16-a.  provide  the department of [correctional services and the divi-
sion of parole] CORRECTIONS AND COMMUNITY SUPERVISION with a  sufficient
number  of  voter registration forms to allow the department of [correc-
tional services and the division of parole]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  to  comply with the duty to provide such voter registration
forms to persons upon the expiration of their maximum sentence of impri-
sonment. Such voter registration forms shall be addressed to  the  state
board of elections.
  S  92. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by chapter 319 of the laws of 2003, is  amended  to
read as follows:
  3.  Any  person  who  is a patient at any facility in this state main-
tained by the United States Veterans' Administration or at any  hospital
or  sanitorium  for treatment of tuberculosis maintained by the state or
any municipal corporation thereof or resident patient at any institution
of the department of [Mental Hygiene] MENTAL HEALTH, or resident patient
at the rehabilitation hospital of the department of Health,  or  at  any
rest  camp  maintained  by  the  state through the Division of Veterans'
Affairs in the Executive Department or any inmate of a conservation work
camp within the youth  rehabilitation  facility  of  the  department  of
[correction]  CORRECTIONS  AND COMMUNITY SUPERVISION, or any inmate of a
youth opportunity or youth rehabilitation center within  the  Office  of
Children and Family Services, any resident of a nursing home or residen-
tial  health  care  facility as defined in subdivisions two and three of
section twenty-eight hundred one of the public health law, or any  staff
member  or  volunteer accompanying or assisting one or more residents of

S. 2812                            182                           A. 4012

such nursing home or residential  health  care  facility  on  an  outing
authorized  by  the  administrator  of  such nursing home or residential
health care facility may take fish as if  he  held  a  fishing  license,
except  that  he may not take bait fish by net or trap, if he has on his
person an authorization upon a form furnished by the department contain-
ing such identifying information and data as may be required by it,  and
signed  by  the  superintendent or other head of such facility, institu-
tion, hospital, sanitarium, nursing home, residential health care facil-
ity or rest camp, as the case may be, or by a  staff  physician  thereat
duly  authorized  so  to do by the superintendent or other head thereof.
Such authorization with respect to inmates  of  said  conservation  work
camps  shall  be limited to areas under the care, custody and control of
the department.
  S 93. Subdivision 1 of section 21 of the executive law, as amended  by
section  2  of  part  B of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. There is hereby created in  the  executive  department  a  disaster
preparedness  commission  consisting of the commissioners of transporta-
tion, health, division of criminal justice services,  education,  social
services,  economic  development,  agriculture  and markets, housing and
community renewal, general services, labor, environmental  conservation,
mental health, parks, recreation and historic preservation, [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION and children and
family services, the president of the New York state energy research and
development authority, the superintendents of state  police,  insurance,
banking, the secretary of state, the state fire administrator, the chair
of the public service commission, the adjutant general, the directors of
the  offices  within  the  division  of  homeland security and emergency
services, the office for technology, and the office of victim  services,
the  chairs  of  the  thruway authority, the metropolitan transportation
authority, the port authority of New York  and  New  Jersey,  the  chief
professional  officer  of the state coordinating chapter of the American
Red Cross and three additional members, to be appointed by the governor,
two of whom shall be chief executives. Each member agency may  designate
an officer of that agency, with responsibility for disaster preparedness
matters,  who  may  represent that agency on the commission. The commis-
sioner of the division of homeland security and emergency services shall
serve as chair of the commission, and the governor shall  designate  the
vice  chair  of  the  commission.  The members of the commission, except
those who serve ex officio, shall be allowed their actual and  necessary
expenses  incurred in the performance of their duties under this article
but shall receive  no  additional  compensation  for  services  rendered
pursuant to this article.
  S  94.  Paragraph (a) of subdivision 1 of section 169 of the executive
law, as amended by section 20 of part B of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  (a)  commissioner of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION, commissioner of education, commissioner of health,  commis-
sioner of mental health, commissioner of [mental retardation and] devel-
opmental  disabilities,  commissioner  of  children and family services,
commissioner of temporary and disability assistance, chancellor  of  the
state  university  of  New York, commissioner of transportation, commis-
sioner of environmental conservation, superintendent  of  state  police,
commissioner  of  general  services  and commissioner of the division of
homeland security and emergency services;

S. 2812                            183                           A. 4012

  S 95. Section 354-a of the executive law,  as  separately  amended  by
sections  34  and  68  of  part  A of chapter 56 of the laws of 2010, is
amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, office  of  probation
and  correctional  alternatives, office of children and family services,
office of temporary and disability  assistance,  department  of  health,
department  of  labor,  local  workforce  investment  boards, office [of
mental retardation and] FOR PEOPLE WITH developmental disabilities,  AND
department of [correctional services and division of parole] CORRECTIONS
AND  COMMUNITY  SUPERVISION,  shall  request assisted persons to provide
information with regard to their veteran  status  and  military  experi-
ences.  Individuals  identifying themselves as veterans shall be advised
that the division of veterans' affairs and local veterans' service agen-
cies established pursuant to section three hundred fifty-seven  of  this
article  provide assistance to veterans regarding benefits under federal
and state  law.  Information  regarding  veterans  status  and  military
service  provided  by  assisted persons solely to implement this section
shall be protected as personal confidential  information  under  article
six-A  of  the  public  officers  law against disclosure of confidential
material, and used only to assist in the diagnosis,  treatment,  assess-
ment and handling of the veteran's problems within the agency requesting
such  information and in referring the veteran to the division of veter-
ans' affairs for information and assistance with regard to benefits  and
entitlements under federal and state law.
  S  96.  Paragraph  a  of subdivision 1 of section 374 of the executive
law, as amended by chapter 243 of the laws of 1997, is amended  to  read
as follows:
  a.  Two  members,  to  be  appointed  by  the governor, from among the
commissioners of the departments of economic development,  [correctional
services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  education, health,
labor, mental health and social services, office  of  general  services,
division  of  housing  and  community renewal, and the superintendent of
insurance.
  S 97. Subdivisions 4, 5, 6 and 7 of section 508 of the executive  law,
subdivision 4 as amended by chapter 41 of the laws of 2010, subdivisions
5  and  6  as added by chapter 481 of the laws of 1978, subdivision 7 as
separately amended by chapters 308 and 316 of the laws of 1983 and  such
section as renumbered by chapter 465 of the laws of 1992, are amended to
read as follows:
  4. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
apply  to  the  sentencing  court for permission to transfer a youth not
less than sixteen nor more than eighteen years of age to the  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.  Such
application shall be made upon notice to the youth, who shall  be  enti-
tled  to be heard upon the application and to be represented by counsel.
The court shall grant the application if it is satisfied that  there  is
no  substantial likelihood that the youth will benefit from the programs
offered by the [division] OFFICE facilities.
  5. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES may
transfer an offender not less than eighteen  nor  more  than  twenty-one

S. 2812                            184                           A. 4012

years  of  age  to the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION if the director of the division  certifies  to
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION  that there is no substantial likelihood that the youth will
benefit from the programs offered by [division] OFFICE facilities.
  6. At age twenty-one, all juvenile offenders shall be  transferred  to
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION for confinement pursuant to the correction law.
  7. While in the custody of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES, an offender shall be subject to the rules and regu-
lations  of  the  [division]  OFFICE,  except that his parole, temporary
release and discharge shall  be  governed  by  the  laws  applicable  to
inmates  of  state  correctional  facilities  and  his transfer to state
hospitals in the office of mental health shall be  governed  by  section
five  hundred  seventeen  of this chapter. The director of the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall, however, estab-
lish and operate temporary release  programs  at  [division  for  youth]
OFFICE  OF CHILDREN AND FAMILY SERVICES facilities for eligible juvenile
offenders and contract with  the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION for the provision of parole super-
vision  services  for temporary releasees. The rules and regulations for
these programs shall not be inconsistent with  the  laws  for  temporary
release  applicable to inmates of state correctional facilities. For the
purposes of temporary release programs for juvenile offenders only, when
referred to or defined in article  twenty-six  of  the  correction  law,
"institution"  shall mean any facility designated by the director of the
[division for youth] OFFICE OF CHILDREN AND  FAMILY  SERVICES,  "depart-
ment"  shall mean the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES, "inmate" shall mean a juvenile offender residing in  [a  divi-
sion  for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility, and
"commissioner" shall mean the  director  of  the  [division  for  youth]
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES. Time spent in [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES facilities and in juvenile
detention facilities shall be credited towards the sentence  imposed  in
the  same  manner  and to the same extent applicable to inmates of state
correctional facilities.
  S 98. Subdivision 2 of section 510-c of the executive law, as  amended
by chapter 465 of the laws of 1992, is amended to read as follows:
  2.  Except as provided in subdivision three of this section, any child
who has been placed with the division  shall  be  deemed  to  have  been
discharged  therefrom  if,  during  the  period provided in the order of
placement or extension thereof, the child is convicted  of  a  crime  or
adjudicated  a  youthful offender, and is committed to an institution in
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or department of mental [hygiene] HEALTH, or receives a one
year sentence in a local correctional facility.
  S 99. Paragraph (b) of subdivision 4 of section 575 of  the  executive
law, as separately amended by section 69 of part A and section 4 of part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
  (b)  The  advisory  council shall consist of nine members and fourteen
ex-officio members. Each member shall be appointed to serve for  a  term
of  three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be  appointed
for the unexpired term of the member he or she is to succeed. All of the
members  shall  be  individuals  with  expertise in the area of domestic
violence. Three members shall be appointed by the governor, two  members

S. 2812                            185                           A. 4012

shall be appointed upon the recommendation of the temporary president of
the  senate,  two  members shall be appointed upon the recommendation of
the speaker of the assembly, one member  shall  be  appointed  upon  the
recommendation  of  the  minority  leader  of the senate, and one member
shall be appointed upon the recommendation of the minority leader of the
assembly. The ex-officio members of the advisory board shall consist  of
one representative from the staff of each of the following state depart-
ments  and  divisions:  office  of  temporary  and  disability services;
department of health; education department;  office  of  mental  health;
office  of alcoholism and substance abuse services; division of criminal
justice services; office of  probation  and  correctional  alternatives;
office  of  children  and  family  services;  office of victim services;
office of court administration; department of labor;  state  office  for
the  aging; department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION; and the division of parole.
  S 100. Paragraph (c) of subdivision 1 of section 632-a of  the  execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  or
by  the  representative  of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding  child  support
and earned income, where such person:
  (i)  is  an  inmate serving a sentence with the department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  prisoner
confined at a local correctional facility or federal correctional insti-
tute,  and  includes  funds  that a superintendent, sheriff or municipal
official receives on behalf of an inmate or prisoner and deposits in  an
inmate  account  to  the  credit  of  the inmate pursuant to section one
hundred sixteen of the correction law or deposits in a prisoner  account
to  the credit of the prisoner pursuant to section five hundred-c of the
correction law; or
  (ii) is not an inmate or prisoner but who is  serving  a  sentence  of
probation or conditional discharge or is presently subject to an undisc-
harged  indeterminate,  determinate  or definite term of imprisonment or
period of post-release supervision or term of  supervised  release,  but
shall  include earned income earned during a period in which such person
was not in compliance with the  conditions  of  his  or  her  probation,
parole,  conditional  release, period of post-release supervision by the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
or term of supervised release with the United States probation office or
United States parole commission. For purposes of this subparagraph, such
period of non-compliance shall be  measured,  as  applicable,  from  the
earliest  date  of  delinquency  determined by the [board or division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or from the
earliest date on which a declaration of delinquency is filed pursuant to
section 410.30 of the criminal procedure law and  thereafter  sustained,
or  from  the earliest date of delinquency determined in accordance with
applicable federal law, rules or regulations, and shall continue until a
final determination sustaining the violation has been made by the  trial
court,  [board  or division of parole] THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, or appropriate federal authority; or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-

S. 2812                            186                           A. 4012

od  terminated  or expired or such person was granted a discharge by [a]
THE STATE board of parole OR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION pursuant to applicable law, or granted a discharge or termi-
nation  from probation pursuant to applicable law or granted a discharge
or termination under applicable federal or state  law,  rules  or  regu-
lations  prior to the expiration of such full or maximum term or period;
and includes only: (A) those funds paid to such person as  a  result  of
any  interest,  right, right of action, asset, share, claim, recovery or
benefit of any kind that the person obtained, or that accrued  in  favor
of  such person, prior to the expiration of such sentence, term or peri-
od; (B) any recovery or award collected in a lawsuit after expiration of
such sentence where the right or cause of action accrued  prior  to  the
expiration  or  service  of  such sentence; and (C) earned income earned
during a period in which such person was  not  in  compliance  with  the
conditions  of his or her probation, parole, conditional release, period
of post-release supervision by the [division of  parole]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION or term of supervised release with
the  United  States probation office or United States parole commission.
For purposes of this subparagraph, such period of  non-compliance  shall
be measured, as applicable, from the earliest date of delinquency deter-
mined by the [board or division of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY  SUPERVISION, or from the earliest date on which a declaration
of delinquency is filed pursuant  to  section  410.30  of  the  criminal
procedure  law  and  thereafter  sustained, or from the earliest date of
delinquency determined in accordance with applicable federal law,  rules
or  regulations, and shall continue until a final determination sustain-
ing the violation has been made by the trial court, [board  or  division
of  parole]  THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or
appropriate federal authority.
  S 101. Paragraph (b) of subdivision 2 of section 632-a of  the  execu-
tive law, as amended by section 24 of part A-1 of chapter 56 of the laws
of 2010, is amended to read as follows:
  (b)  Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
vision, whenever the payment or obligation to pay involves  funds  of  a
convicted  person  that  a superintendent, sheriff or municipal official
receives or will receive on behalf of an inmate serving a sentence  with
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION or prisoner confined at a local  correctional  facility  and
deposits  or  will  deposit  in  an  inmate account to the credit of the
inmate or in a prisoner account to the credit of the prisoner,  and  the
value,  combined  value or aggregate value of such funds exceeds or will
exceed ten thousand dollars, the superintendent,  sheriff  or  municipal
official shall also give written notice to the office.
  S  102.  Subdivision 9 of section 835 of the executive law, as amended
by section 39 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  9. "Qualified agencies" means courts in the unified court system,  the
administrative  board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the
department of correction  of  any  municipality,  the  insurance  frauds
bureau  of the state department of insurance, the office of professional
medical conduct of the state department of health for  the  purposes  of
section  two  hundred thirty of the public health law, the child protec-
tive services unit of a local social services district  when  conducting
an  investigation  pursuant  to  subdivision six of section four hundred

S. 2812                            187                           A. 4012

twenty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation,  the  criminal
investigations  bureau  of  the  banking  department,  police forces and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties.
  S 103. Paragraph (h) of subdivision 1 of section 840 of the  executive
law,  as  amended by chapter 843 of the laws of 1980, is amended to read
as follows:
  (h) Exemptions from particular provisions of this article in the  case
of  any  city having a population of one million or more, or in the case
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION if in its opinion the standards of police officer
or peace officer training established and maintained  by  such  city  or
department  are  higher than those established pursuant to this article;
or revocation in whole or in part of such exemption, if in  its  opinion
the  standards  of  police officer or peace officer training established
and maintained by such city or department are lower  than  those  estab-
lished pursuant to this article.
  S 104. Subdivision 4 of section 995-c of the executive law, as amended
by section 65 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  4.  The  commissioner of the division of criminal justice services, in
consultation with the commission, the commissioner of health, [the divi-
sion of parole,] the director of the office of probation and correction-
al  alternatives  and  the   department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION, shall promulgate rules and regu-
lations governing the procedures for notifying designated  offenders  of
the requirements of this section.
  S  105.  The  article heading of article 12-B of the executive law, as
added by chapter 904 of the laws of 1977, is amended to read as follows:
                    STATE [DIVISION] BOARD OF PAROLE
  S 106. Section 31 of the executive law, as amended by  section  11  of
part B of chapter 56 of the laws of 2010, is amended to read as follows:
  S 31. Divisions.  There  shall  be  in  the  executive  department the
following divisions:
  1. The division of the budget.
  2. The division of military and naval affairs.
  3. The office of general services.
  4. The division of state police.
  5. [The division of parole.
  6.] The division of housing.
  [7] 6. The division of alcoholic beverage control.
  [8] 7. The division of human rights.
  [9] 8. The division of veterans' affairs.
  [10] 9. The division of homeland security and emergency services.
  [11] 10. Office for technology.
  The governor may establish, consolidate, or abolish  additional  divi-
sions and bureaus.
  S 107. Subdivision 1 of section 643 of the executive law, as separate-
ly  amended by section 38 of part A and section 1 of part A-1 of chapter
56 of the laws of 2010, is amended to read as follows:
  1. As used in this section, "crime victim-related  agency"  means  any
agency  of state government which provides services to or deals directly
with crime victims, including (a) the  office  of  children  and  family

S. 2812                            188                           A. 4012

services,  the  office  for the aging, the division of veterans affairs,
THE OFFICE OF PROBATION and correctional alternatives, the [division  of
parole]  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE office
of  victim  services,  the  department  of motor vehicles, the office of
vocational rehabilitation, the workers' compensation board, the  depart-
ment of health, the division of criminal justice services, the office of
mental  health, every transportation authority and the division of state
police, and (b) any other agency so designated by  the  governor  within
ninety days of the effective date of this section.
  S  108.  Subdivision 8 of section 837-a of the executive law, as added
by section 1 of part L of chapter 56 of the laws of 2006, is amended  to
read as follows:
  8. Present to the governor, temporary president of the senate, minori-
ty leader of the senate, speaker of the assembly and the minority leader
of the assembly an annual report about the function and effectiveness of
the  Operation  IMPACT  program.  Such  report shall include, but not be
limited to, crime data obtained, analyzed and  used  by  each  Operation
IMPACT partnership in participating counties and affected municipalities
including  the  number  of  arrests  made by law enforcement as a direct
result of the Operation IMPACT program  including  any  available  demo-
graphic  information  about  the persons arrested and prosecuted and the
disposition of such matters, and any other information  related  to  the
program's  effectiveness  in  reducing  crime.  Such  report  shall also
include information about crime reduction strategies developed by Opera-
tion IMPACT partnerships, the number of state police  and  [division  of
parole]  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION personnel
participating in Operation  IMPACT  activities,  and  a  description  of
training  supplied  to local Operation IMPACT participants.  The initial
report required by this paragraph shall be presented by  December  thir-
ty-first,  two  thousand  six.  Thereafter,  an  annual  report shall be
presented no later than December thirty-first of each year.
  S 108-a. The sixth undesignated paragraph of section 2 of section 1 of
chapter 359 of the laws of 1968, constituting the facilities development
corporation act, as amended by chapter 240  of  the  laws  of  1974,  is
amended to read as follows:
  It  is  hereby  found and declared that the acquisition, construction,
reconstruction, rehabilitation and improvement  of  facilities  for  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION are public purposes which are essential to  enable  comprehensive
modernization   of  the  state's  programs  of  [correctional  services]
CORRECTIONS.   To assure that such  purposes  are  carried  out,  it  is
further  found  and declared that the facilities development corporation
should be empowered in [coorperation] COOPERATION with the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION to provide
for the acquisition, construction,  reconstruction,  rehabilitation  and
improvement  of facilities for the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 109. Subdivision 3-b of section 3 of section 1 of chapter 359 of the
laws of 1968, constituting the facilities development  corporation  act,
as  added  by  chapter  337  of  the laws of 1972, is amended to read as
follows:
  3-b.  "Facility  for  the  department   of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION" means real property, a building,
a unit within a building, or any structure on  or  improvement  to  real
property  of  any  kind or description essential, necessary or useful in
the program of the department of [correctional services] CORRECTIONS AND

S. 2812                            189                           A. 4012

COMMUNITY SUPERVISION, including all usual attendant and related facili-
ties, fixtures, equipment, and connections for utility services  or  any
combinations  thereof,  designed,  acquired, constructed, reconstructed,
rehabilitated  and improved, or otherwise provided for the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 110. Subdivision 10 of section 5 of section 1 of chapter 359 of  the
laws  of  1968, constituting the facilities development corporation act,
as amended by chapter 337 of the laws of 1972, is  amended  to  read  as
follows:
  10.  To  design,  construct,  acquire,  reconstruct,  rehabilitate and
improve health facilities, facilities for the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION and mental  [hygiene]
HEALTH facilities, or cause such facilities to be designed, constructed,
acquired,  reconstructed, rehabilitated and improved, in accordance with
the provisions of this act.
  S 111. Subdivision 7 of section 6 of section 1 of chapter 359  of  the
laws  of  1968, constituting the facilities development corporation act,
as added by chapter 337 of the laws of  1972,  is  amended  to  read  as
follows:
  7. To provide facilities for the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  112.  Section  7-a of section 1 of chapter 359 of the laws of 1968,
constituting the facilities development corporation act, as  amended  by
chapter 240 of the laws of 1974, is amended to read as follows:
  S  7-a.  Relationship  with  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.  The corporation,  upon
the  issuance by the director of the budget of a certificate of approval
segregating funds to pay for their  corporate  services,  shall  design,
construct,  reconstruct, rehabilitate, improve, and equip facilities for
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  cause  facilities  to  be designed, constructed, recon-
structed, rehabilitated, improved, and equipped. The  corporation  shall
also assist and cooperate with and shall make its personnel and services
fully   available   to   the  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION in  matters  relating
to their responsibilities for site selection, acquisition of and capital
planning  relating  to  facilities  for  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.  During the  course  of
construction,  acquisition,  reconstruction, rehabilitation and improve-
ment of such facilities, the corporation shall consult with the  commis-
sioner  of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION
and  the  personnel  of  the  department  of   [correctional   services]
CORRECTIONS  AND COMMUNITY SUPERVISION as the work progresses in matters
relating to space requirements, site plans,  architectural  concept  and
substantial  changes  in  the  plans  and specifications therefor and in
matters relating to the original furnishings, equipment, machinery,  and
apparatus   needed  to  furnish  and  equip  such  facilities  upon  the
completion of the work.  The  commissioner  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION and the department of [correction-
al  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION shall assist and
cooperate with the corporation in such matters.
  S 113. Subdivision (b) of section 213  of  the  family  court  act  is
amended to read as follows:
  (b) Rules of court shall as soon as practicable implement this section
by  prescribing appropriate forms for reports and may require such addi-

S. 2812                            190                           A. 4012

tional information as may be appropriate. The  administrative  board  of
the judicial conference may request the state department of [correction]
CORRECTIONS AND COMMUNITY SUPERVISION and the state department of social
welfare  to assist it in the preparation and processing of reports under
this section, and those departments, when  so  requested,  shall  render
such assistance as is possible.
  S  114.  The sixth undesignated paragraph of section 842 of the family
court act, as added by section 8 of part D of chapter 56 of the laws  of
2008, is amended to read as follows:
  In  any  proceeding in which an order of protection or temporary order
of protection or a warrant has been issued under this section, the clerk
of the court shall issue to the petitioner and respondent and his  coun-
sel and to any other person affected by the order a copy of the order of
protection  or  temporary  order of protection and ensure that a copy of
the order of protection or temporary order of protection be  transmitted
to  the  local  correctional facility where the individual is or will be
detained, the state or local correctional facility where the  individual
is  or  will  be imprisoned, and the supervising probation department or
[division of parole] THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPER-
VISION where the individual is under probation or parole supervision.
  S  115. The second undesignated paragraph of section 69 of the general
business law, as amended by section 1 of part A of  chapter  62  of  the
laws of 2003, is amended to read as follows:
  Nothing in this section shall be construed to forbid the sale of parts
and  components  produced  by  inmate  labor  in  correctional  industry
programs of the government of the United States  or  any  state  of  the
United  States,  or any political subdivision thereof, to the department
of [correctional  services']  CORRECTIONS  AND  COMMUNITY  SUPERVISION'S
division  of  correctional industries for use in its manufacturing oper-
ations.
  S 116. Section 70 of the general municipal law, as amended by  section
40  of part A-1 of chapter 56 of the laws of 2010, is amended to read as
follows:
  S 70. Payment of judgments against municipal corporation. When a final
judgment for a sum of money  shall  be  recovered  against  a  municipal
corporation,  and  the execution thereof shall not be stayed pursuant to
law, or the time for such stay shall  have  expired,  the  treasurer  or
other  financial officer of such corporation having sufficient moneys in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of the docket thereof. Notwithstanding the provisions of any  other  law
to  the contrary, in any case where payment for any reason is to be made
to an inmate serving a sentence of imprisonment with the  state  depart-
ment of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or
to  a  prisoner confined at a local correctional facility, the treasurer
or other financial officer shall give written notice, if required pursu-
ant to subdivision two of section six hundred thirty-two-a of the execu-
tive law, to the office of victim services that such  payment  shall  be
made thirty days after the date of such notice.
  S  117.  Subdivision  1 of section 168 of the labor law, as amended by
chapter 90 of the laws of 1947, is amended to read as follows:
  1. This section shall apply to all persons employed by  the  state  in
the  ward,  cottage,  colony, kitchen and dining room, and guard service
personnel in any hospital, school, prison, reformatory or other institu-
tion within or subject to  the  jurisdiction,  supervision,  control  or
visitation  of  the department of [correction] CORRECTIONS AND COMMUNITY

S. 2812                            191                           A. 4012

SUPERVISION,  the  department  of  health,  the  department  of   mental
[hygiene]  HEALTH,  the  department of social welfare or the division of
veterans' affairs in  the  executive  department,  and  engaged  in  the
performance  of  such  duties  as  nursing,  guarding  or  attending the
inmates, patients, wards or other persons kept or housed in such  insti-
tutions,  or  in  protecting  and  guarding the buildings and/or grounds
thereof, or in preparing or serving food therein.
  S 118. Subdivision 13 of section 83-m of the legislative law, as added
by section 2 of part XX of chapter 57 of the laws of 2010, is amended to
read as follows:
  13. (a) The task force shall specify the form in which the  department
of  [correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION shall
provide such information required to  be  reported  to  the  task  force
pursuant  to  subdivision eight of section seventy-one of the correction
law.
  (b) Upon receipt of such  information  for  each  incarcerated  person
subject to the jurisdiction of the department of [correctional services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION, the task force shall determine
the census block corresponding  to  the  street  address  of  each  such
person's  residential  address  prior to incarceration (if any), and the
census block corresponding to the street  address  of  the  correctional
facility  in  which  such person was held subject to the jurisdiction of
such department. Until such time as the  United  States  bureau  of  the
census  shall  implement  a  policy  of reporting each such incarcerated
person at such person's residential address prior to incarceration,  the
task force shall use such data to develop a database in which all incar-
cerated  persons  shall  be, where possible, allocated for redistricting
purposes, such that each geographic  unit  reflects  incarcerated  popu-
lations at their respective residential addresses prior to incarceration
rather  than  at  the addresses of such correctional facilities. For all
incarcerated persons whose residential address  prior  to  incarceration
was  outside  of  the  state, or for whom the task force cannot identify
their prior residential address, and  for  all  persons  confined  in  a
federal  correctional  facility  on  census  day,  the  task force shall
consider those persons to have been counted at an  address  unknown  and
persons  at  such unknown address shall not be included in such data set
created pursuant to this paragraph. The task  force  shall  develop  and
maintain  such  amended  population data set and shall make such amended
data set available to local governments, as defined in subdivision eight
of section two of the municipal home rule law, and for  the  drawing  of
assembly  and  senate districts. The assembly and senate districts shall
be drawn using such amended population data set.
  (c) Notwithstanding  any  other  provision  of  law,  the  information
required  to be provided pursuant to subdivision eight of section seven-
ty-one of the correction law shall be treated as confidential and  shall
not  be disclosed by the task force except as aggregated by census block
for purpose specified in this subdivision.
  S 118-a. Subdivisions (a) and (m)  of  section  10.03  of  the  mental
hygiene  law,  subdivision  (a) as amended by chapter 168 of the laws of
2010 and subdivision (m) as added by chapter 7 of the laws of 2007,  are
amended to read as follows:
  (a) "Agency with jurisdiction" as to a person means that agency which,
during  the  period  in  question,  would  be the agency responsible for
supervising or releasing such person, and can include the department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  the

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office of mental health, AND the office for  people  with  developmental
disabilities[, and the division of parole].
  (m)  "Release"  and  "released"  means release, conditional release or
discharge from confinement, from COMMUNITY supervision by the  [division
of  parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or from
an order of observation, commitment, recommitment or retention.
  S 118-b. Subdivisions (a) and (b)  of  section  10.05  of  the  mental
hygiene  law,  subdivision  (a) as amended by chapter 168 of the laws of
2010 and subdivision (b) as added by chapter 7 of the laws of 2007,  are
amended to read as follows:
  (a)  The  commissioner  of  mental  health,  in  consultation with the
commissioner of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION and the commissioner of developmental disabil-
ities,  shall  establish  a  case  review  panel  consisting of at least
fifteen members, any three of whom may sit as a team to review a partic-
ular case. At least two members of each team shall be  professionals  in
the  field  of mental health or the field of developmental disabilities,
as appropriate,  with  experience  in  the  treatment,  diagnosis,  risk
assessment  or  management  of sex offenders. To the extent practicable,
the workload of the case review panel should be evenly distributed among
its members. Members of the case review panel and psychiatric  examiners
should  be  free  to  exercise independent professional judgment without
pressure or retaliation for the  exercise  of  that  judgment  from  any
source.
  (b)  When  it  appears to an agency with jurisdiction[, other than the
division of parole,] that a person who may be a detained sex offender is
nearing an anticipated release FROM CONFINEMENT, the agency  shall  give
notice  of  that fact to the attorney general and to the commissioner of
mental health.  [When the division of parole is the agency  with  juris-
diction,  it  may  give  such notice.] WHEN IT APPEARS TO AN AGENCY WITH
JURISDICTION THAT A PERSON WHO MAY BE A DETAINED SEX OFFENDER IS NEARING
AN ANTICIPATED RELEASE FROM COMMUNITY SUPERVISION, THE AGENCY  MAY  GIVE
SUCH NOTICE. The agency with jurisdiction shall seek to give such notice
at  least  one  hundred  twenty  days  prior to the person's anticipated
release, but failure to give notice within such time  period  shall  not
affect  the  validity of such notice or any subsequent action, including
the filing of a sex offender civil management petition.
  S 118-c. Subdivision (k) of section 10.06 of the mental  hygiene  law,
as  amended by section 1 of part H of chapter 58 of the laws of 2009, is
amended to read as follows:
  (k) At the conclusion of the hearing, the court shall determine wheth-
er there is probable cause to believe  that  the  respondent  is  a  sex
offender requiring civil management. If the court determines that proba-
ble  cause  has  not  been  established,  the court shall issue an order
dismissing the petition,  and  the  respondent's  release  shall  be  in
accordance  with other applicable provisions of law. If the court deter-
mines that probable cause has been  established:  (i)  the  court  shall
order  that  the  respondent be committed to a secure treatment facility
designated by the commissioner for care, treatment and control upon  his
or her release, provided, however, that a respondent who otherwise would
be required to be transferred to a secure treatment facility may, upon a
written consent signed by the respondent and his or her counsel, consent
to  remain  in  the custody of the department of [correctional services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  pending  the  outcome  of  the
proceedings  under this article, and that such consent may be revoked in
writing at any time; (ii) the court  shall  set  a  date  for  trial  in

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accordance  with  subdivision  (a) of section 10.07 of this article; and
(iii) the respondent shall not be released  pending  the  completion  of
such trial.
  S  118-d.  Subdivisions  (c)  and  (d)  of section 10.10 of the mental
hygiene law, as added by chapter 7 of the laws of 2007, are  amended  to
read as follows:
  (c)  The  commissioner,  or  the  commissioner  of  the  department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, or  other
government  entity  responsible for the care and custody of respondents,
shall be authorized to employ appropriate safety and security  measures,
as  he or she deems necessary to ensure the safety of the public, during
court proceedings and in the transport of persons committed or  undergo-
ing  any proceedings under this article. Such commissioner shall provide
training in the use of safe and appropriate  security  interventions  to
employees responsible for transporting persons under this article.
  (d)  The  commissioner  shall have the discretion to enter into agree-
ments with the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY SUPERVISION for the provision of security services relating to
this article.
  S 118-e.  Paragraphs 1 and 2 of subdivision (a), paragraph 1 of subdi-
vision (b), subdivision (c), paragraph 1 of subdivision (d) and subdivi-
sion (f) of section 10.11 of the mental hygiene law, as added by chapter
7 of the laws of 2007, are amended to read as follows:
  (1) Before ordering the release of a person to a regimen of strict and
intensive  supervision and treatment pursuant to this article, the court
shall order that the [division of parole] DEPARTMENT OF CORRECTIONS  AND
COMMUNITY  SUPERVISION  recommend supervision requirements to the court.
These supervision requirements, which shall be developed in consultation
with the commissioner, may include but need not be limited to, electron-
ic monitoring or global positioning satellite tracking for an  appropri-
ate  period of time, polygraph monitoring, specification of residence or
type or residence, prohibition of contact with identified past or poten-
tial victims, strict and intensive supervision by a parole officer,  and
any  other  lawful  and  necessary  conditions  that may be imposed by a
court. In addition, after consultation with the  psychiatrist,  psychol-
ogist  or  other  professional  primarily  treating  the respondent, the
commissioner shall recommend a specific course of treatment. A  copy  of
the  recommended  requirements  for  supervision  and treatment shall be
given to the attorney general and the respondent and his or her  counsel
a  reasonable time before the court issues its written order pursuant to
this section.
  (2) Before issuing its written  order,  the  court  shall  afford  the
parties  an  opportunity  to be heard, and shall consider any additional
submissions by the respondent and the attorney  general  concerning  the
proposed  conditions  of the regimen of strict and intensive supervision
and treatment. The court shall issue an order specifying the  conditions
of  the regimen of strict and intensive supervision and treatment, which
shall include specified supervision requirements and compliance  with  a
specified  course of treatment. A written statement of the conditions of
the regimen of strict and intensive supervision and treatment  shall  be
given  to  the  respondent  and  to  his  or her counsel, any designated
service providers  or  treating  professionals,  the  commissioner,  the
attorney  general  and  the  supervising parole officer. The court shall
require the [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION to take appropriate actions  to  implement  the  supervision
plan  and assure compliance with the conditions of the regimen of strict

S. 2812                            194                           A. 4012

and intensive supervision and treatment. A regimen of strict and  inten-
sive supervision does not toll the running of any form of supervision in
criminal  cases,  including  but not limited to post-release supervision
and parole.
  (1) Persons ordered into a regimen of strict and intensive supervision
and  treatment pursuant to this article shall be subject to a minimum of
six face-to-face supervision contacts and six  collateral  contacts  per
month.  Such  minimum  contact requirements shall continue unless subse-
quently modified by the court or the [division of parole] DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (c)  An  order  for  a regimen of strict and intensive supervision and
treatment places the person in the custody and  control  of  the  [state
division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
A  person  ordered  to  undergo a regimen of strict and intensive super-
vision and treatment pursuant to  this  article  is  subject  to  lawful
conditions  set  by the court and the [division of parole] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  (1) A person's regimen of strict and intensive supervision and  treat-
ment  may be revoked if such a person violates a condition of strict and
intensive supervision. If a  parole  officer  has  reasonable  cause  to
believe  that  the  person  has  violated  a condition of the regimen of
strict and intensive supervision and treatment or, if there is  an  oral
or  written  evaluation  or report by a treating professional indicating
that the person may be a dangerous sex offender requiring confinement, a
parole officer authorized in the same manner as  provided  in  [subpara-
graph  (i)  of paragraph (a) of subdivision three of section two hundred
fifty-nine-i of the  executive  law]  SUBDIVISION  TWO  OF  SECTION  TWO
HUNDRED  FIVE OF THE CORRECTION LAW may take the person into custody and
transport the person for lodging in a secure  treatment  facility  or  a
local correctional facility for an evaluation by a psychiatric examiner,
which  evaluation  shall be conducted within five days. A parole officer
may take the person, under custody, to a psychiatric center  for  prompt
evaluation,  and at the end of the examination, return the person to the
place of lodging. A parole officer, as authorized by this paragraph, may
direct a peace officer, acting pursuant to his or her special duties, or
a police officer who is a member of an authorized police  department  or
force  or of a sheriff's department, to take the person into custody and
transport the person as provided in this paragraph. It shall be the duty
of such peace officer or police officer to take into custody and  trans-
port  any  such  person  upon receiving such direction. The [division of
parole]  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
promptly  notify  the  attorney  general  and  the  mental hygiene legal
service, when a person is taken into custody pursuant to this paragraph.
No provision of this section shall preclude  the  [division  of  parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION from proceeding with
a  revocation hearing as authorized by subdivision [three of section two
hundred fifty-nine-i of the executive law] TWO OF  SECTION  TWO  HUNDRED
FIVE OF THE CORRECTION LAW.
  (f) The court may modify or terminate the conditions of the regimen of
strict  and  intensive  supervision and treatment on the petition of the
supervising parole officer, the commissioner or  the  attorney  general.
Such  petition  shall  be  served on the respondent and the respondent's
counsel. A person subject to a regimen of strict  and  intensive  super-
vision  and  treatment  pursuant  to this article may petition every two
years for modification or termination, commencing  no  sooner  than  two
years  after  the regimen of strict and intensive supervision and treat-

S. 2812                            195                           A. 4012

ment commenced, with service of such petition on the  attorney  general,
the  [division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION, and the commissioner. Upon receipt of a petition  for  modifica-
tion  or termination pursuant to this section, the court may require the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
and the commissioner to provide a report concerning the person's conduct
while subject to a regimen  of  strict  and  intensive  supervision  and
treatment.  If  more  than  one  petition is filed, the petitions may be
considered in a single hearing.
  S 118-f. Subdivision (h) of section 19.07 of the mental  hygiene  law,
as added by section 16 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  (h)  The office of alcoholism and substance abuse services shall moni-
tor programs providing care and treatment  to  inmates  in  correctional
facilities   operated  by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION who have a history of  alcohol  or
substance  abuse or dependence. The office shall also develop guidelines
for the operation of alcohol and substance abuse treatment  programs  in
such  correctional  facilities  in  order  to  ensure that such programs
sufficiently meet the needs of inmates with  a  history  of  alcohol  or
substance  abuse  or dependence and promote the successful transition to
treatment in the community upon release. No later than the first day  of
December  of  each  year, the office shall submit a report regarding the
adequacy and effectiveness of  alcohol  and  substance  abuse  treatment
programs   operated   by   the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION to  the  governor,  the  temporary
president  of  the  senate, the speaker of the assembly, the chairman of
the senate committee on crime victims, crime  and  correction,  and  the
chairman of the assembly committee on correction.
  S 118-g. Paragraphs 2 and 3 of subdivision (a) of section 19.09 of the
mental  hygiene  law,  paragraph 2 as amended by section 45 of part A of
chapter 56 of the laws of 2010 and paragraph 3 as amended by chapter 601
of the laws of 2007, are amended to read as follows:
  (2) Upon the request of a state agency, including but not  limited  to
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the office of probation and correctional alternatives,  AND
the  office  of children and family services, [and the board of parole,]
the commissioner shall have the power to provide  alcoholism,  substance
abuse,  and  chemical  dependence  services  either  directly or through
agreements with local certified or approved providers to persons in  the
custody  or  under  the  jurisdiction  of  the  requesting agency within
amounts available and within priorities established through the planning
process.
  (3)  The  commissioner  may  coordinate  alcoholism,  alcohol   abuse,
substance  abuse,  substance  dependence and chemical dependence related
activities in all departments of  the  state  by  convening  at  regular
intervals a coordinating committee of representatives of the departments
of   health,   [correctional   services]   CORRECTIONS   AND   COMMUNITY
SUPERVISION, labor, economic development, education, and motor vehicles,
and the office of temporary and  disability  assistance  and  any  other
department or agency having an interest therein.
  S  118-h.  Subdivisions (e), (f), (g), (i) and (j) of section 29.27 of
the mental hygiene law, as added by chapter 766 of the laws of 1976, are
amended to read as follows:
  (e) When the director of the facility in which the  inmate-patient  is
in custody finds that the inmate-patient is no longer mentally ill or no

S. 2812                            196                           A. 4012

longer  requires  hospitalization  for  care  and treatment, he shall so
notify the inmate-patient and commissioner  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION or, in the case of an inmate-pa-
tient  coming  from a jail or correctional institution operated by local
government, the officer in charge of the jail or  correctional  institu-
tion  from  which  the inmate-patient was committed. The commissioner of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  such
officer,  as  the  case  may  be, shall immediately arrange to take such
inmate-patient into custody and return him to a correctional facility or
to the jail or correctional institution operated by local government.
  (f) Upon delivery of the inmate-patient to the representative  of  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION  or of an officer in charge of a jail or correctional institution
operated by local government, the responsibility of the  department  and
its  facilities  for  the custody of the inmate-patient shall terminate.
Where the inmate is returned  to  a  state  correctional  facility,  the
department  shall  continue  to  be responsible for the inmate-patient's
psychiatric care if the inmate-patient upon his return is in  a  program
established pursuant to section four hundred one of the correction law.
  (g) If an inmate-patient in the custody of the department escapes from
custody, immediate notice shall be given to the commissioner of [correc-
tional  services]  CORRECTIONS AND COMMUNITY SUPERVISION or, in the case
of an inmate-patient coming from  a  jail  or  correctional  institution
operated  by  local government, to the officer in charge of such jail or
correctional institution. Notice shall also be given to appropriate  law
enforcement authorities.
  (i)  Upon  release  of an inmate-patient from a facility, the director
shall forward a copy of  all  health  and  psychiatric  records  to  the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or to the officer in charge of a jail or correctional institution
operated by local government, as the case may be.
  (j) If the sentence for which an inmate-patient is confined expires or
is  vacated or modified by court order, the director shall so notify the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or such officer in charge of a jail or  correctional  institution
operated by local government, as appropriate.
  S  118-i.  Paragraph  10  of  subdivision  (c) of section 33.13 of the
mental hygiene law, as amended by chapter 168 of the laws  of  2010,  is
amended to read as follows:
  10.  to a correctional facility, when the chief administrative officer
has requested such information with respect to a named  inmate  of  such
correctional  facility  as defined by subdivision three of section forty
of the correction law or to  the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION, when the [division] DEPARTMENT
has requested such information with respect to a person under its juris-
diction or an inmate of a state correctional facility, when such  inmate
is  within four weeks of release from such institution to [the jurisdic-
tion of the  division  of  parole]  COMMUNITY  SUPERVISION.  Information
released  pursuant  to this paragraph may be limited to a summary of the
record, including but not limited to: the  basis  for  referral  to  the
facility;  the  diagnosis  upon admission and discharge; a diagnosis and
description of the patient's or client's current mental  condition;  the
current  course  of treatment, medication and therapies; and the facili-
ty's recommendation for future mental hygiene  services,  if  any.  Such
information   may  be  forwarded  to  the  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION staff in  need  of  such

S. 2812                            197                           A. 4012

information  for  the  purpose  of  making  a determination regarding an
inmate's health care, security, safety  or  ability  to  participate  in
programs. In the event an inmate is transferred, the sending correction-
al  facility  shall  forward,  upon request, such summaries to the chief
administrative officer of any correctional facility to which the  inmate
is subsequently incarcerated. The office of mental health and the office
for  people  with  developmental  disabilities, in consultation with the
commission of correction and the  [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND COMMUNITY SUPERVISION, shall promulgate rules and regu-
lations to implement the provisions of this paragraph.
  S 118-j. Subdivision (z) of section 45.07 of the mental  hygiene  law,
as  added  by  chapter  1  of  the  laws  of 2008, is amended to read as
follows:
  (z) Monitor and make recommendations regarding  the  quality  of  care
provided to inmates with serious mental illness, including those who are
in  a residential mental health treatment unit or segregated confinement
in facilities operated by  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION, and oversee compliance with para-
graphs (d) and (e) of subdivision six of section one hundred thirty-sev-
en,  and section four hundred one, of the correction law. Such responsi-
bilities shall be carried out in accordance with  section  four  hundred
one-a of the correction law.
  S 119. Clause (c.)  of subparagraph 13 of paragraph (a) of subdivision
1  of section 10 of the municipal home rule law, as amended by section 3
of part XX of chapter 57 of the laws of 2010,  is  amended  to  read  as
follows:
  (c.)  As  used  in  this subparagraph the term "population" shall mean
residents, citizens, or registered voters. For such purposes, no  person
shall  be deemed to have gained or lost a residence, or to have become a
resident of a local government,  as  defined  in  subdivision  eight  of
section two of this chapter, by reason of being subject to the jurisdic-
tion of the department of [correctional services] CORRECTIONS AND COMMU-
NITY  SUPERVISION  and present in a state correctional facility pursuant
to such jurisdiction. A population base for such a plan of apportionment
shall utilize the latest  statistical  information  obtainable  from  an
official  enumeration done at the same time for all the residents, citi-
zens, or registered voters of the local  government.  Such  a  plan  may
allocate,  by  extrapolation  or  any other rational method, such latest
statistical information  to  representation  areas  or  units  of  local
government,  provided  that any plan containing such an allocation shall
have annexed thereto as an appendix, a detailed explanation of the allo-
cation.
  S 120. Subdivisions 6 and 7 of section 60.04 of the penal law,  subdi-
vision  6  as added by chapter 738 of the laws of 2004 and subdivision 7
as added by section 18 of part AAA of chapter 56 of the  laws  of  2009,
are amended to read as follows:
  6.  Substance  abuse  treatment.  When the court imposes a sentence of
imprisonment which requires a commitment  to  the  state  department  of
[correctional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION upon a
person who stands convicted  of  a  controlled  substance  or  marihuana
offense,  the court may, upon motion of the defendant in its discretion,
issue an order directing that the department of [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  enroll  the  defendant  in the
comprehensive alcohol and substance abuse treatment program in an  alco-
hol  and  substance  abuse  correctional annex as defined in subdivision
eighteen of section two of the correction law, provided that the defend-

S. 2812                            198                           A. 4012

ant will satisfy the statutory eligibility criteria for participation in
such program. Notwithstanding the foregoing provisions of this  subdivi-
sion,  any  defendant  to  be  enrolled in such program pursuant to this
subdivision  shall be governed by the same rules and regulations promul-
gated by the  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  including  without  limitation  those rules and
regulations establishing requirements for completion and those rules and
regulations governing discipline and removal from the program.  No  such
period  of court ordered corrections based drug abuse treatment pursuant
to this subdivision shall be required to extend beyond  the  defendant's
conditional release date.
  7.  a.  Shock  incarceration  participation.  When the court imposes a
sentence of imprisonment which requires a commitment to  the  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION upon a
person who stands convicted  of  a  controlled  substance  or  marihuana
offense,  upon  motion  of  the  defendant, the court may issue an order
directing that the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION enroll the defendant in  the  shock  incarceration
program  as  defined  in  article  twenty-six-A  of  the correction law,
provided that the defendant is  an  eligible  inmate,  as  described  in
subdivision  one  of  section eight hundred sixty-five of the correction
law. Notwithstanding the foregoing provisions of this  subdivision,  any
defendant  to  be  enrolled in such program pursuant to this subdivision
shall be governed by the same rules and regulations promulgated  by  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, including without limitation those rules and regulations  estab-
lishing  requirements  for  completion  and  such  rules and regulations
governing discipline and removal from the program.
  b. (i) In the event that an  inmate  designated  by  court  order  for
enrollment  in  the  shock  incarceration  program  requires a degree of
medical care or mental health care that cannot be provided  at  a  shock
incarceration  facility,  the  department,  in writing, shall notify the
inmate, provide a proposal describing a  proposed  alternative-to-shock-
incarceration  program,  and notify him or her that he or she may object
in  writing  to  placement  in  such  alternative-to-shock-incarceration
program.  If the inmate objects in writing to placement in such alterna-
tive-to-shock-incarceration program,  the  department  of  [correctional
services]   CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall  notify  the
sentencing court, provide such proposal to the court,  and  arrange  for
the inmate's prompt appearance before the court. The court shall provide
the  proposal and notice of a court appearance to the people, the inmate
and the appropriate defense attorney. After considering the proposal and
any submissions by the parties, and after a reasonable  opportunity  for
the people, the inmate and counsel to be heard, the court may modify its
sentencing  order accordingly, notwithstanding the provisions of section
430.10 of the criminal procedure law.
  (ii) An inmate who  successfully  completes  an  alternative-to-shock-
incarceration  program  within the department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION  shall  be  treated  in  the  same
manner  as  a person who has successfully completed the shock incarcera-
tion program, as set forth in subdivision four of section eight  hundred
sixty-seven of the correction law.
  S  121. Subdivision 8 of section 60.35 of the penal law, as amended by
section 1 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:

S. 2812                            199                           A. 4012

  8.  Subdivision  one  of  section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge, sex  offender
registration  fee  or  DNA  databank fee, crime victim assistance fee or
supplemental sex offender victim fee is imposed a town or village  court
may,  and  all other courts shall, issue and cause to be served upon the
person required to pay the mandatory surcharge, sex  offender  registra-
tion  fee  or  DNA  databank fee, crime victim assistance fee or supple-
mental sex offender victim fee, a summons  directing  that  such  person
appear   before  the  court  regarding  the  payment  of  the  mandatory
surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
victim  assistance fee or supplemental sex offender victim fee, if after
sixty days from the date it was imposed it remains  unpaid.  The  desig-
nated  date  of appearance on the summons shall be set for the first day
court is in session falling after the sixtieth day from  the  imposition
of  the  mandatory surcharge, sex offender registration fee or DNA data-
bank fee, crime victim  assistance  fee  or  supplemental  sex  offender
victim fee. The summons shall contain the information required by subdi-
vision  two  of section 130.10 of the criminal procedure law except that
in substitution for the requirement of paragraph (c) of such subdivision
the summons shall state that the person served must appear  at  a  date,
time  and specific location specified in the summons if after sixty days
from the date of issuance the mandatory surcharge, sex  offender  regis-
tration  fee or DNA databank fee, crime victim assistance fee or supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.    The
mandatory  surcharges,  sex  offender  registration fee and DNA databank
fees, crime victim assistance fees and supplemental sex offender  victim
fees  for  those  persons shall be governed by the provisions of section
60.30 of this article.
  S 122. Paragraph (b) of subdivision 2 of section 70.02  of  the  penal
law,  as separately amended by chapters 764 and 765 of the laws of 2005,
is amended to read as follows:
  (b) Except as provided in paragraph (b-1) of this subdivision,  subdi-
vision  six  of  section 60.05 and subdivision four of this section, the
sentence imposed upon a person who stands convicted of a class D violent
felony offense, other than the offense of criminal possession of a weap-
on in the third degree as defined in subdivision [four,] five, seven  or
eight  of  section  265.02  or  criminal  sale of a firearm in the third
degree as defined in section 265.11, must  be  in  accordance  with  the
applicable provisions of this chapter relating to sentencing for class D
felonies  provided,  however,  that  where a sentence of imprisonment is
imposed which requires a commitment to the state department of  [correc-
tional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, such sentence
shall be a determinate sentence in  accordance  with  paragraph  (c)  of
subdivision three of this section.
  S  123. Subdivision 7 of section 70.06 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  7. Notwithstanding any other provision of law, in the case of a person
sentenced for a specified offense or offenses as defined in  subdivision
five  of  section  410.91  of  the  criminal  procedure  law, who stands
convicted of no other  felony  offense,  who  has  not  previously  been
convicted of either a violent felony offense as defined in section 70.02
of  this  article, a class A felony offense or a class B felony offense,
and is not under the jurisdiction of or awaiting delivery to the depart-

S. 2812                            200                           A. 4012

ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
the  court  may direct that such sentence be executed as a parole super-
vision sentence as defined in and pursuant to the procedures  prescribed
in section 410.91 of the criminal procedure law.
  S  124.  Section  70.20 of the penal law, as amended by chapter 303 of
the laws of 1981, subdivision 1 as separately amended by chapters 3  and
516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
1  as added by chapter 516 of the laws of 1995, subdivision 2-a as added
by chapter 1 of the laws of 1995, subdivision 3 as amended by chapter  3
of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
465  of  the laws of 1992 and paragraphs (d) and (e) of subdivision 4 as
relettered and subdivision 5 as designated by chapter 516 of the laws of
1995, is amended to read as follows:
S 70.20 Place of imprisonment.
  1. (a) Indeterminate or determinate sentence. Except  as  provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to  the  custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  for  the  term  of  his  or  her
sentence and until released in accordance with the law; provided, howev-
er,  that a defendant sentenced pursuant to subdivision seven of section
70.06 shall be committed to the  custody  of  the  state  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION for imme-
diate delivery to a reception center operated by the department.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the
correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his  or  her  own
behalf to any medical, dental, and mental health service or treatment.
  2.  Definite  sentence. Except as provided in subdivision four of this
section, when a definite sentence of imprisonment is imposed, the  court
shall commit the defendant to the county or regional correctional insti-
tution  for  the  term  of his sentence and until released in accordance
with the law.

S. 2812                            201                           A. 4012

  2-a. Sentence of life imprisonment without parole. When a sentence  of
life  imprisonment without parole is imposed, the court shall commit the
defendant to the  custody  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for the remainder of the
life of the defendant.
  3.  Undischarged  imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if  the
additional  term  or  terms  are  indeterminate or determinate or to the
appropriate county or regional correctional institution if the said term
or terms are definite for such portion of  the  term  or  terms  of  the
sentence  imposed  as  shall  exceed  such  undischarged  term  or until
released in accordance with  law.  If  such  additional  term  or  terms
imposed  shall  run  consecutively  to  the  said undischarged term, the
defendant shall be committed as provided in subdivisions one and two  of
this section.
  4.  (a)  Notwithstanding any other provision of law to the contrary, a
juvenile offender, or a juvenile offender who is adjudicated a  youthful
offender  and  given  an  indeterminate or a definite sentence, shall be
committed  to  the  custody  of  the  [director  of  the  division   for
youth]COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES who
shall arrange for the confinement of such offender in secure  facilities
of  the  [division]  OFFICE.   The release or transfer of such offenders
from the [division for youth] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
shall be governed by section five hundred eight of the executive law.
  (b)  The court in committing a juvenile offender and youthful offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall inquire as to whether the parents or  legal  guardian  of
the  youth,  if present, will consent for the [division] OFFICE OF CHIL-
DREN AND FAMILY SERVICES to provide routine medical, dental  and  mental
health services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the [division for youth] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES  in  accordance with this section and no
medical consent has been obtained prior to said commitment, the  commit-
ment order shall be deemed to grant consent for the [division for youth]
OFFICE  OF  CHILDREN AND FAMILY SERVICES to provide for routine medical,
dental and mental health services  and  treatment  to  the  offender  so
committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian  of  an offender who is not yet eighteen years of age from making a
motion on notice to the [division for  youth]  OFFICE  OF  CHILDREN  AND
FAMILY SERVICES pursuant to article twenty-two of the civil practice law
and rules objecting to routine medical, dental or mental health services
and  treatment  being  provided to such offender under the provisions of
paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or

S. 2812                            202                           A. 4012

where the offender is authorized by law to consent on  his  or  her  own
behalf to any medical, dental and mental health service or treatment.
  5.  Subject  to  regulations  of  the  department  of  health, routine
medical, dental and mental health services and treatment is defined  for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or nutri-
tion,  the  extraction  of  bodily  fluids for analysis, and dental care
performed with a local anesthetic. Routine mental health treatment shall
not include psychiatric administration of medication unless it  is  part
of an ongoing mental health plan or unless it is otherwise authorized by
law.
  S  125. Subdivisions 1 and 3 of section 70.20 of the penal law, subdi-
vision 1 as amended by chapter 516 of the laws of 1995 and subdivision 3
as amended by chapter 303 of the laws of 1981, are amended  to  read  as
follows:
  1.  (a) Indeterminate sentence. Except as provided in subdivision four
of this section, when  an  indeterminate  sentence  of  imprisonment  is
imposed,  the  court  shall  commit  the defendant to the custody of the
state department of [correctional services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION  for  the  term of his or her sentence and until released in
accordance with the law.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the
correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e) Nothing in this section shall require  that  consent  be  obtained
from  the  parent  or  legal  guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his  or  her  own
behalf to any medical, dental, and mental health service or treatment.
  3.  Undischarged  imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department

S. 2812                            203                           A. 4012

of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if  the
additional  term or terms are indeterminate or to the appropriate county
or regional correctional institution if the said term or terms are defi-
nite  for  such  portion of the term or terms of the sentence imposed as
shall exceed such undischarged term or until released in accordance with
law. If such additional term or terms imposed shall run consecutively to
the said undischarged term, the defendant shall be committed as provided
in subdivisions one and two of this section.
  S 126. The opening paragraph of subdivision 1 and subdivisions 6 and 7
of section 70.30 of the penal law, the opening paragraph of  subdivision
1  as amended by chapter 3 of the laws of 1995, subdivision 6 as amended
by chapter 465 of the laws of 1974 and subdivision 7 as amended by chap-
ter 392 of the laws of 1988, are amended to read as follows:
  An indeterminate or determinate  sentence  of  imprisonment  commences
when  the  prisoner is received in an institution under the jurisdiction
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION. Where a person is under more than one indetermi-
nate or determinate sentence,  the  sentences  shall  be  calculated  as
follows:
  6.  Escape.  When  a  person who is serving a sentence of imprisonment
escapes from custody, the escape shall interrupt the sentence  and  such
interruption shall continue until the return of the person to the insti-
tution  in  which  the sentence was being served or, if the sentence was
being served in an institution  under  the  jurisdiction  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, to an institution under the jurisdiction of that department. Any
time spent by such person in custody from the date of escape to the date
the sentence resumes shall be credited against the term or maximum  term
of the interrupted sentence, provided:
  (a) That such custody was due to an arrest or surrender based upon the
escape; or
  (b)  That  such  custody  arose from an arrest on another charge which
culminated in a dismissal or an acquittal; or
  (c) That such custody arose from an arrest  on  another  charge  which
culminated in a conviction, but in such case, if a sentence of imprison-
ment  was imposed, the credit allowed shall be limited to the portion of
the time spent in custody that exceeds the period, term or maximum  term
of imprisonment imposed for such conviction.
  7.  Absconding  from  temporary  release  or  furlough program. When a
person who is serving a sentence of imprisonment is permitted  to  leave
an  institution  to participate in a program of work release or furlough
program as such term is defined in section six hundred thirty-one of the
correction law, or in the case of an institution under the  jurisdiction
of  the  state  department  of  [correctional  services] CORRECTIONS AND
COMMUNITY SUPERVISION or a facility under the jurisdiction of the  state
[division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES to partic-
ipate in a program of temporary release, fails to return to the institu-
tion or facility at or before the time prescribed for his OR HER return,
such failure shall interrupt the sentence and  such  interruption  shall
continue  until the return of the person to the institution in which the
sentence was being served or, if the sentence was  being  served  in  an
institution  under  the jurisdiction of the state department of [correc-
tional services] CORRECTIONS AND COMMUNITY  SUPERVISION  or  a  facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN  AND  FAMILY  SERVICES  to an institution under the jurisdiction of
that department or a facility under the jurisdiction of that  [division]

S. 2812                            204                           A. 4012

OFFICE.    Any time spent by such person in an institution from the date
of his OR HER failure to return to the date his OR HER sentence  resumes
shall  be  credited  against the term or maximum term of the interrupted
sentence, provided:
  (a)  That  such  incarceration was due to an arrest or surrender based
upon the failure to return; or
  (b) That such incarceration arose from an  arrest  on  another  charge
which culminated in a dismissal or an acquittal; or
  (c)  That  such  custody  arose from an arrest on another charge which
culminated in a conviction, but in such case, if a sentence of imprison-
ment was imposed, the credit allowed shall be limited to the portion  of
the  time spent in custody that exceeds the period, term or maximum term
of imprisonment imposed for such conviction.
  S 127. The opening paragraph of subdivision 1 of section 70.30 of  the
penal  law, as amended by chapter 481 of the laws of 1978, is amended to
read as follows:
  An indeterminate sentence of imprisonment commences when the  prisoner
is  received  in  an  institution  under  the  jurisdiction of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION.  Where  a  person is under more than one indeterminate sentence,
the sentences shall be calculated as follows:
  S 127-a. Section 70.35 of the penal law, as amended by  chapter  3  of
the laws of 1995, is amended to read as follows:
S  70.35  Merger  of  certain  definite and indeterminate or determinate
            sentences.
  The service of an indeterminate or determinate sentence  of  imprison-
ment  shall  satisfy  any definite sentence of imprisonment imposed on a
person for an offense committed prior to the time the  indeterminate  or
determinate sentence was imposed, except as provided in paragraph (b) of
subdivision five of section 70.25 of this article. A person who is serv-
ing  a  definite  sentence  at  the time an indeterminate or determinate
sentence is imposed shall be delivered  to  the  custody  of  the  state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION to commence service of the indeterminate or determinate  sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph  (b)  of subdivision five of section 70.25 of this article. In
any case where the indeterminate or determinate sentence is  revoked  or
vacated,  the  person shall receive credit against the definite sentence
for each day spent in the custody of the state  department  of  [correc-
tional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S  127-b. Section 70.35 of the penal law, as amended by chapter 527 of
the laws of 1989, is amended to read as follows:
S 70.35 Merger of certain definite and indeterminate sentences.
  The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed prior to the time  the  indeterminate  sentence  was  imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an  indeterminate  sentence is imposed shall be delivered to the custody
of the state  department  of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION to commence service of the indeterminate sentence
immediately unless the person is serving a definite sentence pursuant to
paragraph (b) of subdivision five of section 70.25 of this  article.  In
any  case  where  the  indeterminate sentence is revoked or vacated, the
person shall receive credit against the definite sentence for  each  day

S. 2812                            205                           A. 4012

spent  in the custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  S  127-c. Paragraph (a) of subdivision 1 of section 70.40 of the penal
law, as amended by chapter 3 of the laws of 1995,  subparagraph  (i)  as
amended  by chapter 435 of the laws of 1997, subparagraph (v) as amended
by section 7 of part J of chapter 56 of the laws of 2009, is amended  to
read as follows:
  (a) Release on parole shall be in the discretion of the state board of
parole, and such person shall continue service of his OR HER sentence or
sentences  while  on  parole,  in  accordance  with  and  subject to the
provisions of the executive law AND THE CORRECTION LAW.
  (i) A person who  is  serving  one  or  more  than  one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR  SHE  is  confined at any time after the expiration of the minimum or
the aggregate minimum period of the  sentence  or  sentences  or,  where
applicable, the minimum or aggregate minimum period reduced by the merit
time  allowance  granted pursuant to paragraph (d) of subdivision one of
section eight hundred three of the correction law.
  (ii) A person who is serving one or more than one determinate sentence
of imprisonment shall be ineligible for discretionary release on parole.
  (iii) A person who is serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment and one or more than one determinate sentence
of imprisonment, which run concurrently may be paroled at any time after
the expiration of the minimum period of imprisonment of  the  indetermi-
nate  sentence  or  sentences, or upon the expiration of six-sevenths of
the term of imprisonment  of  the  determinate  sentence  or  sentences,
whichever is later.
  (iv)  A  person  who  is  serving  one  or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of imprisonment which run consecutively may be paroled at any time after
the  expiration of the sum of the minimum or aggregate minimum period of
the indeterminate sentence or sentences and six-sevenths of the term  or
aggregate term of imprisonment of the determinate sentence or sentences.
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may  be  paroled  from the institution in which he OR SHE is confined at
any  time  on  medical  parole   pursuant   to   section   two   hundred
[fifty-nine-r]   FIFTY-NINE-E  or  section  two  hundred  [fifty-nine-s]
FIFTY-NINE-F of the executive law or for deportation pursuant  to  para-
graph  (d)  of  subdivision  two  of  section two hundred [fifty-nine-i]
FIFTY-NINE-B of the executive law or after the successful completion  of
a  shock  incarceration  program pursuant to article twenty-six-A of the
correction law.
  S 127-d. Paragraph (a) of subdivision 1 of section 70.40 of the  penal
law,  as separately amended by chapter 261 of the laws of 1987 and chap-
ter 55 of the laws of 1992, subparagraph (i) as added by  chapter  3  of
the laws of 1995, is amended to read as follows:
  (a)  (I)  A  person  who is serving one or more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR SHE is confined at any time after the expiration of  the  minimum  or
the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
sentences or after the successful completion of  a  shock  incarceration
program,  as  defined  in  article  twenty-six-A  of the correction law,
whichever is sooner. Release on parole shall be in the discretion of the
state board of parole, and such person shall continue service of his  OR
HER  sentence  or  sentences  while  on  parole,  in accordance with and
subject to the provisions of the executive law AND THE CORRECTION LAW.

S. 2812                            206                           A. 4012

  [(i)] (II) A person who is serving one or more than one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
OR  SHE  is  confined at any time after the expiration of the minimum or
the aggregate minimum period of the sentence or sentences.
  S  127-d-1.  Paragraph  (b)  of  subdivision 1 of section 70.40 of the
penal law, as amended by chapter 1 of the laws of 1998,  is  amended  to
read as follows:
  (b)  A  person  who  is  serving one or more than one indeterminate or
determinate sentence of imprisonment shall, if he OR SHE so requests, be
conditionally released from the  institution  in  which  he  OR  SHE  is
confined when the total good behavior time allowed to him OR HER, pursu-
ant  to  the  provisions of the correction law, is equal to the unserved
portion of his OR HER term, maximum  term  or  aggregate  maximum  term;
provided,  however,  that  (i) in no event shall a person serving one or
more indeterminate sentence of imprisonment and one or more  determinate
sentence   of  imprisonment  which  run  concurrently  be  conditionally
released until serving at least six-sevenths of the determinate term  of
imprisonment  which has the longest unexpired time to run and (ii) in no
event shall a person be conditionally released  prior  to  the  date  on
which  such  person  is first eligible for discretionary parole release.
The conditions of release, including those governing post-release super-
vision, shall be such as may be imposed by the [state board  of  parole]
DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION in accordance with
the provisions of the [executive] CORRECTION law.
  Every person so released shall be under the supervision of  the  state
[board  of  parole]  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
for a period equal to the unserved portion of the  term,  maximum  term,
aggregate maximum term, or period of post-release supervision.
  S  127-e. Paragraph (b) of subdivision 1 of section 70.40 of the penal
law, as separately amended by chapter 467 of the laws of 1979 and  chap-
ter  1  of the laws of 1998, the closing paragraph as separately amended
by chapter 148 of the laws of 1975 and chapter 1 of the laws of 1998, is
amended to read as follows:
  (b) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall,  if  he OR SHE so requests, be condi-
tionally released from the institution in which he OR  SHE  is  confined
when the total good behavior time allowed to him OR HER, pursuant to the
provisions  of  the  correction law, is equal to the unserved portion of
his OR HER maximum or aggregate maximum term. The conditions of release,
including those governing post-release supervision, shall be such as may
be imposed by the [state board of parole] DEPARTMENT OF CORRECTIONS  AND
COMMUNITY  SUPERVISION  in accordance with the provisions of the [execu-
tive] CORRECTION law.
  Every person so released shall be under the supervision of the  [state
board of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION for
a period equal to the unserved portion of the maximum, aggregate maximum
term, or period of post-release supervision.
  S  127-f. Paragraph (c) of subdivision 1 of section 70.40 of the penal
law, as added by section 13 of part E of chapter 62 of the laws of 2003,
is amended to read as follows:
  (c) A person who  is  serving  one  or  more  than  one  indeterminate
sentence  of  imprisonment  shall, if he or she so requests, be released
from the institution in which he or she is confined if granted  presump-
tive  release  pursuant  to  section eight hundred six of the correction
law. The conditions of release shall be such as may be  imposed  by  the
[state  board  of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-

S. 2812                            207                           A. 4012

VISION in accordance with the provisions of the  [executive]  CORRECTION
law.  Every  person  so  released  shall be under the supervision of the
[state board of parole] DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
VISION  for a period equal to the unserved portion of his or her maximum
or aggregate maximum term unless discharged in accordance with law.
  S 127-g. Subdivision 2 of section 70.40 of the penal law,  as  amended
by section 4 of part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  2.  Definite  sentence.  A  person who is serving one or more than one
definite sentence of imprisonment with  a  term  or  aggregate  term  in
excess  of  ninety  days,  and  is eligible for release according to the
criteria set forth in paragraphs (a), (b) and (c) of subdivision one  of
section  two  hundred seventy-three of the correction law, may, if he or
she so requests, be conditionally released from the institution in which
he or she is confined at any time after service of sixty  days  of  that
term,  exclusive  of  credits allowed under subdivisions four and six of
section 70.30. In computing service of sixty days,  the  credit  allowed
for  jail  time under subdivision three of section 70.30 shall be calcu-
lated as time served. Conditional release from such institution shall be
in the discretion of the parole board, or a  local  conditional  release
commission established pursuant to article twelve of the correction law,
provided,  however  that  where  such  release is by a local conditional
release commission, the person must be serving a definite sentence  with
a  term  in  excess  of one hundred twenty days and may only be released
after service of ninety days of such term. In computing service of nine-
ty days, the credit allowed for jail time  under  subdivision  three  of
section  70.30  of  this  article  shall be calculated as time served. A
conditional release granted under this subdivision shall  be  upon  such
conditions  as  may  be  imposed  by  the  [parole  board] DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, in accordance with the provisions
of the [executive]  CORRECTION  law,  or  a  local  conditional  release
commission in accordance with the provisions of the correction law.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences and the remaining portion of the term or aggregate term  shall
be  held in abeyance. Every person so released shall be under the super-
vision of the [parole board] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  or  a  local probation department and in the custody of the
local conditional release commission in accordance with  article  twelve
of  the  correction  law,  for a period of one year. The local probation
department shall cause complete records  to  be  kept  of  every  person
released  to its supervision pursuant to this subdivision. The [division
of parole] DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  may
supply to a local probation department and the local conditional release
commission  custody  information and records maintained on persons under
the supervision of  such  local  probation  department  to  aid  in  the
performance  of  its  supervision  responsibilities. Compliance with the
conditions of release during the period of supervision shall satisfy the
portion of the term or aggregate term that has been held in abeyance.
  S 127-h. Paragraphs (a) and (b) of subdivision 3 of section  70.40  of
the penal law, paragraph (a) as amended by section 14 of part E of chap-
ter  62  of  the  laws of 2003, paragraph (b) as amended by section 5 of
part SS of chapter 56 of the laws  of  2009,  are  amended  to  read  as
follows:
  (a) When a person is alleged to have violated the terms of presumptive
release  or  parole  and  the  [state  board  of  parole]  DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION has declared  such  person  to  be

S. 2812                            208                           A. 4012

delinquent,  the declaration of delinquency shall interrupt the person's
sentence as of the date of the delinquency and such  interruption  shall
continue  until  the  return  of  the person to an institution under the
jurisdiction   of   the  state  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION.
  (b) When a person is alleged to have violated the terms of his OR  HER
conditional  release  or  post-release supervision and has been declared
delinquent by the [parole board] DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION or the local conditional release  commission  having  super-
vision  over such person, the declaration of delinquency shall interrupt
the period of supervision or post-release supervision as of the date  of
the  delinquency.  For  a  conditional  release, such interruption shall
continue until the return of the person to the institution from which he
OR SHE was released or, if he OR SHE was released  from  an  institution
under   the  jurisdiction  of  the  state  department  of  [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, to an institution under
the jurisdiction of that department. Upon such return, the person  shall
resume service of his OR HER sentence. For a person released to post-re-
lease supervision, the provisions of section 70.45 shall apply.
  S  127-i.  Subdivision 1-a of section 70.45 of the penal law, as added
by chapter 7 of the laws of 2007, is amended to read as follows:
  1-a. When, following a final  hearing,  a  time  assessment  has  been
imposed  upon  a person convicted of a felony sex offense who owes three
years or more on a period of post-release supervision, imposed  pursuant
to  subdivision  two-a  of  this  section, such defendant, after serving
three years of the time assessment, shall be reviewed by  the  board  of
parole  and  may  be re-released to post-release supervision only upon a
determination by the board of parole made in accordance with subdivision
[two] SEVEN of section [two hundred fifty-nine-i of the  executive]  TWO
HUNDRED  FIVE  OF  THE CORRECTION law. If re-release is not granted, the
board shall specify a date not more than twenty-four  months  from  such
determination  for  reconsideration,  and  the procedures to be followed
upon reconsideration shall be the same. If a  time  assessment  of  less
than  three  years is imposed upon such a defendant, the defendant shall
be released upon the expiration of such time assessment,  unless  he  or
she  is  subject  to  further  imprisonment  or  confinement  under  any
provision of law.
  S 127-j. Subdivisions 3, 4 and 5 of section 70.45 of the penal law, as
added by chapter 1 of the laws of 1998, paragraph (d) of  subdivision  5
as amended by section 5 of part E of chapter 56 of the laws of 2007, are
amended to read as follows:
  3.  Conditions  of  post-release  supervision.  The  [board of parole]
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION shall establish  and
impose  conditions of post-release supervision in the same manner and to
the same extent as it may establish and impose conditions in  accordance
with  the [executive] CORRECTION law upon persons who are granted parole
or  conditional  release;  provided  that,  notwithstanding  any   other
provision  of  law,  the [board of parole] DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION may impose as a condition of  post-release  super-
vision  that for a period not exceeding six months immediately following
release from the underlying term of imprisonment the  person  be  trans-
ferred  to  and  participate  in the programs of a residential treatment
facility as that term is defined in subdivision six of  section  two  of
the  correction  law. Upon release from the underlying term of imprison-
ment, the person shall be furnished with  a  written  statement  setting

S. 2812                            209                           A. 4012

forth the conditions of post-release supervision in sufficient detail to
provide for the person's conduct and supervision.
  4. Revocation of post-release supervision. An alleged violation of any
condition  of  post-release  supervision  shall  be initiated, heard and
determined in accordance with the provisions of [subdivisions three  and
four  of]  section  [two  hundred fifty-nine-i of the executive law] TWO
HUNDRED FIVE OF THE CORRECTION LAW.
  5. Calculation of service of period  of  post-release  supervision.  A
period  or  periods  of post-release supervision shall be calculated and
served as follows:
  (a) A period of  post-release  supervision  shall  commence  upon  the
person's  release  from  imprisonment to supervision by the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  and  shall
interrupt the running of the determinate sentence or sentences of impri-
sonment  and the indeterminate sentence or sentences of imprisonment, if
any. The remaining portion of any  maximum  or  aggregate  maximum  term
shall  then  be  held in abeyance until the successful completion of the
period of post-release supervision or the person's return to the custody
of the [department of correctional services] DEPARTMENT  OF  CORRECTIONS
AND COMMUNITY SUPERVISION, whichever occurs first.
  (b) Upon the completion of the period of post-release supervision, the
running  of  such sentence or sentences of imprisonment shall resume and
only then shall the remaining portion of any maximum or aggregate  maxi-
mum  term previously held in abeyance be credited with and diminished by
such period of post-release supervision. The person shall then be  under
the  jurisdiction  of the [division of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION for the remaining portion of such  maximum  or
aggregate maximum term.
  (c)  When  a  person is subject to two or more periods of post-release
supervision, such periods shall merge with and be satisfied by discharge
of the period of post-release supervision having the  longest  unexpired
time to run; provided, however, any time served upon one period of post-
release  supervision  shall not be credited to any other period of post-
release supervision except as provided in subdivision  five  of  section
70.30 of this article.
  (d)  When a person is alleged to have violated a condition of post-re-
lease supervision and the [division of parole] DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION has declared such person to be delinquent: (i)
the declaration of delinquency shall interrupt the  period  of  post-re-
lease  supervision;  (ii)  such  interruption  shall  continue until the
person is restored to post-release supervision; (iii) if the  person  is
restored  to  post-release  supervision  without  being  returned to the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  any  time  spent  in custody from the date of delinquency until
restoration to post-release supervision shall first be credited  to  the
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment,  but  only  to  the  extent  authorized by subdivision three of
section 70.40 of this article. Any time spent in custody solely pursuant
to such delinquency after completion of the maximum or aggregate maximum
term of the sentence or sentences of imprisonment shall be  credited  to
the  period  of post-release supervision, if any; and (iv) if the person
is  ordered  returned  to  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY SUPERVISION, the person shall be required to
serve the time  assessment  before  being  re-released  to  post-release
supervision.  In  the event the balance of the remaining period of post-
release supervision is six months or less, such time assessment  may  be

S. 2812                            210                           A. 4012

up to six months unless a longer period is authorized pursuant to subdi-
vision  one of this section. The time assessment shall commence upon the
issuance of a determination after a final hearing that  the  person  has
violated  one  or  more  conditions  of  supervision. While serving such
assessment, the person shall not receive  any  good  behavior  allowance
pursuant to section eight hundred three of the correction law.  Any time
spent  in  custody  from  the  date  of  delinquency until return to the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  shall first be credited to the maximum or aggregate maximum term
of the sentence or sentences of imprisonment, but  only  to  the  extent
authorized  by  subdivision  three of section 70.40 of this article. The
maximum or aggregate maximum term of the sentence or sentences of impri-
sonment shall run while the person is serving such  time  assessment  in
the custody of the department of [correctional services] CORRECTIONS AND
COMMUNITY  SUPERVISION.    Any  time spent in custody solely pursuant to
such delinquency after completion of the maximum  or  aggregate  maximum
term  of  the sentence or sentences of imprisonment shall be credited to
the period of post-release supervision, if any.
  (e) Notwithstanding paragraph (d) of this subdivision, in the event  a
person  is sentenced to one or more additional indeterminate or determi-
nate term or terms of imprisonment prior to the completion of the period
of post-release supervision, such  period  of  post-release  supervision
shall  be  held  in  abeyance  and  the person shall be committed to the
custody of the department of  [correctional  services]  CORRECTIONS  AND
COMMUNITY  SUPERVISION  in accordance with the requirements of the prior
and additional terms of imprisonment.
  (f) When a person serving a  period  of  post-release  supervision  is
returned  to  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION pursuant to an additional consecutive sentence  of
imprisonment  and  without  a declaration of delinquency, such period of
post-release supervision shall be held in abeyance while the  person  is
in  the custody of the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION.   Such  period  of  post-release  supervision
shall resume running upon the person's re-release.
  S  127-k. Paragraph (d) of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read  as
follows:
  (d)  Sentence of parole supervision. In the case of a person sentenced
for a specified offense or offenses as defined in  subdivision  five  of
section 410.91 of the criminal procedure law, who stands convicted of no
other  felony offense, who has not previously been convicted of either a
violent felony offense as defined in section 70.02 of  this  article,  a
class A felony offense or a class B felony offense, and is not under the
jurisdiction  of or awaiting delivery to the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, the  court  may  direct
that  a  determinate sentence imposed pursuant to this subdivision shall
be executed as a parole supervision sentence as defined in and  pursuant
to the procedures prescribed in section 410.91 of the criminal procedure
law.
  S  127-l.  Subdivision 1 of section 85.15 of the penal law, as amended
by chapter 3 of the laws of 1995, is amended to read as follows:
  1. Indeterminate and determinate sentences. The service of an indeter-
minate or a determinate  sentence  of  imprisonment  shall  satisfy  any
sentence of intermittent imprisonment imposed on a person for an offense
committed  prior  to  the time the indeterminate or determinate sentence
was imposed. A person who is serving a sentence of  intermittent  impri-

S. 2812                            211                           A. 4012

sonment at the time an indeterminate or a determinate sentence of impri-
sonment  is  imposed  shall  be  delivered  to  the custody of the state
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  to commence service of the indeterminate or determinate sentence
immediately.
  S 127-m. Subdivision 1 of section 85.15 of the penal law, as added  by
chapter 477 of the laws of 1970, is amended to read as follows:
  1. Indeterminate and reformatory sentences. The service of an indeter-
minate  or  a  reformatory  sentence  of  imprisonment shall satisfy any
sentence of intermittent imprisonment imposed on a person for an offense
committed prior to the time the indeterminate  or  reformatory  sentence
was  imposed.  A person who is serving a sentence of intermittent impri-
sonment at the time an indeterminate or a reformatory sentence of impri-
sonment is imposed shall be  delivered  to  the  custody  of  the  state
department  of  [correction]  CORRECTIONS  AND  COMMUNITY SUPERVISION to
commence service of the indeterminate or reformatory sentence immediate-
ly.
  S 127-n. Section 205.17 of the penal law, as amended by chapter 460 of
the laws of 1983, is amended to read as follows:
S 205.17 Absconding from temporary release in the first degree.
  A person is guilty of absconding from temporary release in  the  first
degree  when  having  been  released  from confinement in a correctional
institution under the jurisdiction of the state department  of  [correc-
tional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or a facility
under the jurisdiction of the state [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES  to  participate  in  a  program  of  temporary
release,  he  OR SHE intentionally fails to return to the institution or
facility of his  OR HER confinement at or before the time prescribed for
his OR HER return.
  Absconding from temporary release in the first degree  is  a  class  E
felony.
  S  127-o.  Section 205.19 of the penal law, as added by chapter 554 of
the laws of 1986, is amended to read as follows:
S 205.19 Absconding from a community treatment facility.
  A person is guilty of absconding from a community  treatment  facility
when  having been released from confinement from a correctional institu-
tion under the jurisdiction of the  state  department  of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION by transfer to a commu-
nity treatment facility, he OR SHE leaves such facility without authori-
zation or he OR SHE intentionally  fails  to  return  to  the  community
treatment  facility  at  or  before  the  time prescribed for his OR HER
return.
  Absconding from a community treatment facility is a class E felony.
  S 127-p. Section 240.32 of the penal law,  as  separately  amended  by
chapters 422 and 441 of the laws of 2000, is amended to read as follows:
S 240.32 Aggravated harassment of an employee by an inmate.
  An  inmate  or  respondent  is  guilty  of aggravated harassment of an
employee by an inmate when, with intent to harass,  annoy,  threaten  or
alarm  a  person in a facility whom he OR SHE knows or reasonably should
know to be an employee of such facility or the [division  of]  BOARD  OF
parole or the office of mental health, or a probation department, bureau
or  unit or a police officer, he OR SHE causes or attempts to cause such
employee to come into contact with blood, seminal fluid, urine or feces,
by throwing, tossing or expelling such fluid or material.
  For purposes of this section, "inmate" means an inmate or detainee  in
a  correctional  facility, local correctional facility or a hospital, as

S. 2812                            212                           A. 4012

such term is defined in subdivision two of section four hundred  of  the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the office of chil-
dren  and  family services who is placed with or committed to the office
of children and family services. For purposes of this section,  "facili-
ty" means a correctional facility or local correctional facility, hospi-
tal,  as such term is defined in subdivision two of section four hundred
of the correction law, or a secure facility operated and  maintained  by
the office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.
  S  127-q. Paragraphs (e) and (f) of subdivision 3 of section 130.05 of
the penal law, paragraph (e) as amended by chapter  1  of  the  laws  of
2000,  subparagraph  (iv) of paragraph (e) as added and paragraph (f) as
amended by chapter 335 of the laws of  2007,  are  amended  to  read  as
follows:
  (e)  committed  to  the  care  and  custody of the state department of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  or  a
hospital,  as  such  term  is defined in subdivision two of section four
hundred of the correction law, and the actor is an employee, not married
to such person, who knows or reasonably should know that such person  is
committed  to  the  care and custody of such department or hospital. For
purposes of this paragraph, "employee" means  (i)  an  employee  of  the
state  department  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION who performs professional duties: (A) in a state correction-
al facility consisting of providing custody, medical  or  mental  health
services,  counseling  services,  educational  programs,  or  vocational
training for inmates; OR
  [(ii) an employee of the division of parole who performs  professional
duties]  (B)  in a state correctional facility and who provides institu-
tional parole services [pursuant to section two hundred fifty-nine-e  of
the executive law]; or
  [(iii)]  (II)  an employee of the office of mental health who performs
professional duties in a state correctional  facility  or  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law, consisting of providing custody, or  medical  or  mental
health services for such inmates; or
  [(iv)]  (III)  a  person,  including  a  volunteer,  providing  direct
services to inmates in the state  correctional  facility  in  which  the
victim  is confined at the time of the offense pursuant to a contractual
arrangement with the state department of correctional  services  or,  in
the  case  of  a  volunteer,  a  written agreement with such department,
provided  that  the  person  received  written  notice  concerning   the
provisions of this paragraph; or
  (f)  committed to the care and custody of a local correctional facili-
ty, as such term is defined in subdivision two of section forty  of  the
correction  law,  and  the  actor  is  an  employee, not married to such
person, who knows or reasonably should know that such person is  commit-
ted to the care and custody of such facility. For purposes of this para-
graph,  "employee"  means an employee of the local correctional facility
where the person is committed who performs professional duties  consist-
ing  of providing custody, medical or mental health services, counseling
services, educational services, or vocational training for inmates.  For
purposes of this paragraph, "employee" shall also mean a person, includ-
ing  a  volunteer  or  a  government  employee of the state [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or  a  local
health,  education  or  probation  agency,  providing direct services to

S. 2812                            213                           A. 4012

inmates in the local  correctional  facility  in  which  the  victim  is
confined  at  the time of the offense pursuant to a contractual arrange-
ment with the local correctional department or, in the case  of  such  a
volunteer  or government employee, a written agreement with such depart-
ment, provided that such person received written notice  concerning  the
provisions of this paragraph; or
  S  127-r.  Subdivision 1 of section 10 of the public buildings law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1. Except as provided in subdivision two of this section, whenever the
head of any agency, board, division or commission, with the approval  of
the  director  of  the  budget, (a) shall certify to the commissioner of
general services that any property on state land or on land under  lease
to  the  state  and  consisting  of  buildings  with or without fixtures
attached thereto, and any other improvements upon such lands, are unfit,
not adapted or not needed for use by such  agency,  board,  division  or
commission  and  (b)  shall recommend for reasons to be stated, that the
said property  should  be  disposed  of,  the  commissioner  of  general
services  shall,  after  causing an investigation to be made, dispose of
said property by sale or demolition as  will  best  promote  the  public
interest.  Public notice of a proposed sale where the value of the prop-
erty  to  be sold exceeds five thousand dollars shall be given by adver-
tising at least once in a  newspaper  published  and  having  a  general
circulation  in  the  county in which such lands are located and in such
other newspaper or newspapers as the commissioner  of  general  services
may  deem  to  be  necessary.  Such  advertisement  shall give a general
description and location of the property and the terms of the  sale  and
the date on which proposals for the same will be received by the commis-
sioner  of general services. Should any or all of the offers so received
be deemed by the commissioner of general services to be too low,  he  or
she  may  dispose  of such property so advertised at private sale within
ninety days of the opening of the bids, provided that  no  such  private
sale  shall  be  consummated  at  a price lower than that submitted as a
result of public advertising. The commissioner of general services shall
also have the power to demolish such property either by contract or,  if
such  property  is  located on lands which are under the jurisdiction of
the department of  [correctional  services]  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  the  work of such demolition may be done by the inmates of
the institution where such property is located,  provided  however  that
the  commissioner  of  [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION shall consent to the employment of the inmates for the  work
of  demolition.  The  provisions  of this subdivision shall be effective
notwithstanding the provisions of  any  other  general  or  special  law
relating to the disposal of buildings with the fixtures attached thereto
or  of  any  improvements  upon lands belonging to or under lease to the
state, and any such statute or parts thereof relating to  such  disposal
of buildings, fixtures and improvements insofar as they are inconsistent
with  the  provisions of this section are hereby superseded. A record of
any such sale shall be filed with the state agency head  above  referred
to  and  the  proceeds  of  such sale or disposal shall be paid into the
treasury of the state to the credit of the capital projects fund.
  S 127-s. Subdivision 26 of section 206 of the public  health  law,  as
added  by  section  1  of chapter 419 of the laws of 2009, is amended to
read as follows:
  26. The commissioner is hereby authorized and directed to  review  any
policy  or  practice instituted in facilities operated by the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION regard-

S. 2812                            214                           A. 4012

ing  human  immunodeficiency  virus  (HIV),  acquired   immunodeficiency
syndrome  (AIDS),  and hepatitis C (HCV) including the prevention of the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates.  Such  review  shall  be  performed annually and shall focus on
whether such HIV, AIDS or HCV policy  or  practice  is  consistent  with
current,  generally  accepted  medical  standards and procedures used to
prevent the transmission of HIV and HCV and to treat AIDS, HIV  and  HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel  are  authorized  to enter correctional facilities and inspect
policy and procedure manuals and  medical  protocols,  interview  health
services  providers  and inmate-patients, review medical grievances, and
inspect a representative sample of medical records of inmates  known  to
be  infected  with HIV or HCV or have AIDS. Prior to initiating a review
of a correctional system, the  commissioner  shall  inform  the  public,
including  patients, their families and patient advocates, of the sched-
uled review and invite them to provide the  commissioner  with  relevant
information.  Upon  the completion of such review, the department shall,
in writing, approve such policy or practice as instituted in  facilities
operated  by  the  department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or, based on  specific,  written  recommendations,
direct  the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION to prepare and implement a corrective plan  to  address
deficiencies  in areas where such policy or practice fails to conform to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner  shall  monitor the implementation of such corrective plans
and shall conduct such further reviews as the commissioner deems  neces-
sary  to  ensure that identified deficiencies in HIV, AIDS and HCV poli-
cies and practices are corrected.  All  written  reports  pertaining  to
reviews provided for in this subdivision shall be maintained, under such
conditions  as  the  commissioner shall prescribe, as public information
available for public inspection.
  S 127-t. Subdivision 26 of section 206 of the public  health  law,  as
amended  by  section 2 of chapter 419 of the laws of 2009, is amended to
read as follows:
  26. The commissioner is hereby authorized and directed to  review  any
policy  or  practice instituted in facilities operated by the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, and in
all local correctional facilities, as defined in subdivision sixteen  of
section  two  of  the  correction  law, regarding human immunodeficiency
virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis  C
(HCV)  including  the  prevention of the transmission of HIV and HCV and
the treatment of AIDS, HIV and HCV among inmates. Such review  shall  be
performed  annually  and  shall  focus  on whether such HIV, AIDS or HCV
policy or  practice  is  consistent  with  current,  generally  accepted
medical standards and procedures used to prevent the transmission of HIV
and  HCV  and  to  treat  AIDS, HIV and HCV among the general public. In
performing such reviews, in order to determine the quality and  adequacy
of  care  and treatment provided, department personnel are authorized to
enter correctional facilities and inspect policy and  procedure  manuals
and  medical  protocols, interview health services providers and inmate-
patients, review medical grievances, and inspect a representative sample
of medical records of inmates known to be infected with HIV  or  HCV  or
have  AIDS.  Prior  to initiating a review of a correctional system, the
commissioner shall inform the public, including patients, their families
and patient advocates, of  the  scheduled  review  and  invite  them  to

S. 2812                            215                           A. 4012

provide  the commissioner with relevant information. Upon the completion
of such review, the department shall, in writing, approve such policy or
practice as instituted in  facilities  operated  by  the  department  of
[correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, and in
any local correctional facility, or, based on specific,  written  recom-
mendations, direct the department of [correctional services] CORRECTIONS
AND   COMMUNITY  SUPERVISION,  or  the  authority  responsible  for  the
provision of medical care to inmates in local correctional facilities to
prepare and implement a corrective plan to address deficiencies in areas
where such policy or practice fails to  conform  to  current,  generally
accepted  medical standards and procedures. The commissioner shall moni-
tor the implementation of such corrective plans and shall  conduct  such
further reviews as the commissioner deems necessary to ensure that iden-
tified  deficiencies  in  HIV,  AIDS  and HCV policies and practices are
corrected.  All written reports pertaining to reviews  provided  for  in
this  subdivision  shall  be  maintained,  under  such conditions as the
commissioner shall prescribe, as public information available for public
inspection.
  S 128. Subdivision 2 of section 579 of the public health law, as added
by chapter 436 of the laws of 1993, is amended to read as follows:
  2. This title shall not be applicable to and the department shall  not
have  the  power to regulate pursuant to this title: (a) any examination
performed by a state or local government of materials derived  from  the
human body for use in criminal identification or as evidence in a crimi-
nal  proceeding  or  for  investigative purposes; (b) any test conducted
pursuant to paragraph (c) of subdivision four of section eleven  hundred
ninety-four  of  the  vehicle and traffic law and paragraph [(b)] (C) of
subdivision [four] EIGHT of section 25.24 of the parks,  recreation  and
historic  preservation  law; (c) any examination performed by a state or
local agency of materials derived from the body of an  inmate,  pretrial
releasee, parolee, conditional releasee or probationer to (i) determine,
measure  or  otherwise describe the presence or absence of any substance
whose possession, ingestion or use is prohibited by law,  the  rules  of
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION, the conditions of  release  established  by  the  board  of
parole,  the  conditions  of  release  established by a court or a local
conditional release commission or the conditions of any program to which
such individuals are referred and (ii) to determine  whether  there  has
been  a violation thereof; or (d) any examination performed by a coroner
or medical examiner for the  medical-legal  investigation  of  a  death.
Nothing  herein  shall  prevent  the department from consulting with the
division of criminal justice services, the department  of  [correctional
services]  CORRECTIONS  AND  COMMUNITY SUPERVISION, the state police, or
any other state agency or commission, at the request of the division  of
criminal  justice  services,  the  department of [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION, the state police, or  such  other
agency  or  commission, concerning examination of materials for purposes
other than public health.
  S 129. Subdivision 8 of section 2780 of  the  public  health  law,  as
amended  by  chapter  786  of  the  laws  of 1992, is amended to read as
follows:
  8. "Health or social service" means any public or private care, treat-
ment, clinical laboratory test, counseling or  educational  service  for
adults  or  children, and acute, chronic, custodial, residential, outpa-
tient, home or other health care provided pursuant to  this  chapter  or
the social services law; public assistance or care as defined in article

S. 2812                            216                           A. 4012

one  of  the  social  services law; employment-related services, housing
services, foster  care,  shelter,  protective  services,  day  care,  or
preventive  services  provided  pursuant  to  the  social  services law;
services  for  the  mentally  disabled  as defined in article one of the
mental hygiene law; probation services, provided  pursuant  to  articles
twelve  and  twelve-A  of  the  executive law; parole services, provided
pursuant to article  [twelve-B  of  the  executive  law]  EIGHT  OF  THE
CORRECTION LAW; [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, provided pursuant to the correction law; detention and rehabili-
tative services provided pursuant to article nineteen-G of the executive
law; and the activities of the health care worker HIV/HBV advisory panel
pursuant to article twenty-seven-DD of this chapter.
  S  130.  Subdivision  2 of section 2785-a of the public health law, as
added by chapter 76 of the laws of 1995, is amended to read as follows:
  2. At the time of communicating the test results to the subject or the
victim, such public health officer shall directly provide the victim and
person tested with (a) counseling or referrals for  counseling  for  the
purposes  specified  in  subdivision  five of section two thousand seven
hundred eighty-one of this article; (b) counseling with  regard  to  HIV
disease  and  HIV  testing  in  accordance  with law and consistent with
subdivision five of section two thousand  seven  hundred  eighty-one  of
this  article;  and (c) appropriate health care and support services, or
referrals to such available services.  If at the time  of  communicating
the  test results, the person tested is in the custody of the department
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, [divi-
sion for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, office of mental
health or a local correctional institution, the counseling and  services
required  by this subdivision may be provided by a public health officer
associated with the county or facility within which the person tested is
confined.
  S 131. Subdivision 4 of section 2994-cc of the public health  law,  as
added by chapter 8 of the laws of 2010, is amended to read as follows:
  4. (a) When the concurrence of a second physician is sought to fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate  for  patients  in  a  correctional facility, such second physician
shall be selected by the chief medical  officer  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or his or
her designee.
  (b) When the concurrence of a second physician is  sought  to  fulfill
the requirements for the issuance of a nonhospital order not to resusci-
tate  for hospice and home care patients, such second physician shall be
selected by the hospice medical director or  hospice  nurse  coordinator
designated  by  the medical director or by the home care services agency
director of patient care services, as appropriate to the patient.
  S 132. Subdivision 4 of section 4174 of  the  public  health  law,  as
amended  by  section  6 of part OO of chapter 56 of the laws of 2010, is
amended to read as follows:
  4. No fee shall be charged for a search,  certification,  certificate,
certified copy or certified transcript of a record to be used for school
entrance,  employment  certificate  or  for purposes of public relief or
when required by the veterans administration to be used  in  determining
the eligibility of any person to participate in the benefits made avail-
able  by  the  veterans  administration  or  when required by a board of
elections for the purposes of  determining  voter  eligibility  or  when
requested  by  the department of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION or a local correctional  facility  as  defined  in

S. 2812                            217                           A. 4012

subdivision sixteen of section two of the correction law for the purpose
of  providing  a  certified  copy or certified transcript of birth to an
inmate in anticipation of such inmate's release  from  custody  or  when
requested by the office of children and family services or an authorized
agency  for the purpose of providing a certified copy or certified tran-
script of birth to a youth placed in the custody of  the  local  commis-
sioner  of  social services or the custody of the office of children and
family services pursuant to article three of the  family  court  act  in
anticipation of such youth's discharge from placement.
  S  133. Section 4179 of the public health law, as amended by section 7
part OO of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  4179.  Vital  records;  fees; city of New York. Notwithstanding the
provisions of paragraph one of subdivision a of section  207.13  of  the
health  code  of  the  city  of New York, the department of health shall
charge, and the applicant shall pay, for a  search  of  two  consecutive
calendar  years  under  one  name  and  the issuance of a certificate of
birth, death or termination of pregnancy, or a certification of birth or
death, or a certification that the record cannot  be  found,  a  fee  of
fifteen dollars for each copy. Provided, however, that no such fee shall
be  charged  when  the department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION or a local correctional facility as defined in
subdivision sixteen of section two of  the  correction  law  requests  a
certificate  of  birth  or  certification  of  birth  for the purpose of
providing such certificate of birth or  certification  of  birth  to  an
inmate in anticipation of such inmate's release from custody or when the
office  of children and family services or an authorized agency requests
a certified copy or certified transcript of birth for a youth placed  in
the  custody of the local commissioner of social services or the custody
of the office of children and family services pursuant to article  three
of the family court act for the purpose of providing such certified copy
or  certified  transcript  of  birth  to  such  youth in anticipation of
discharge from placement.
  S 134. Paragraph (l) of subdivision 1 of section 2782  of  the  public
health  law,  as added by chapter 584 of the laws of 1988, is amended to
read as follows:
  (l) an employee or agent of the [division  of  parole]  DEPARTMENT  OF
CORRECTIONS  AND COMMUNITY SUPERVISION, in accordance with paragraph (a)
of subdivision two of section twenty-seven hundred  eighty-six  of  this
article,  to  the  extent  the employee or agent is authorized to access
records containing such information in order to  carry  out  the  [divi-
sion's]  DEPARTMENT'S  functions,  powers and duties with respect to the
protected individual, pursuant to section two  hundred  fifty-nine-a  of
the executive law;
  S  135.  Subdivision  8  of  section 92 of the public officers law, as
separately amended by section 40 of part A and section 2 of part  A1  of
chapter 56 and by chapter 491 of the laws of 2010, is amended to read as
follows:
  (8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record of the state commission of correction, the tempo-
rary state commission of investigation, the department of  [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION, the office of children
and family services, [the division of  parole,]  the  office  of  victim
services,  the  office of probation and correctional alternatives or the
division of state police or of any agency  or  component  thereof  whose
primary  function  is  the  enforcement of civil or criminal statutes if

S. 2812                            218                           A. 4012

such record pertains to investigation, law enforcement,  confinement  of
persons in correctional facilities or supervision of persons pursuant to
criminal  conviction  or  court order, and any records maintained by the
division of criminal justice services pursuant to sections eight hundred
thirty-seven,  eight  hundred  thirty-seven-a, eight hundred thirty-sev-
en-b, eight hundred thirty-seven-c, eight  hundred  thirty-eight,  eight
hundred  thirty-nine,  and eight hundred forty-five of the executive law
and by the department of state pursuant to section  ninety-nine  of  the
executive law.
  S  136.  Section  18 of the railroad law, as amended by chapter 840 of
the laws of 1984, is amended to read as follows:
  S 18. Railroads through public  lands.  The  commissioner  of  general
services  may grant to any domestic or foreign railroad corporation land
belonging to the people of the state, except the reservation at  Niagara
and  the  Concourse lands on Coney Island, which may be required for the
purposes of its road on such terms as may be agreed upon by them;  or  a
domestic railroad corporation may acquire title thereto by condemnation;
and  the  county or town officers having charge of any land belonging to
any county or town, required for a domestic railroad corporation for the
purposes of its road, may grant such land to the  corporation  for  such
compensation  as  may  be  agreed  upon.  In case the land or any right,
interest or easement therein, required by a domestic or foreign railroad
corporation is used for prison  purposes  the  commissioner  of  general
services  may grant such land, or any right, interest or easement there-
in, provided the plans of such railroad corporation for the use of  such
prison  lands,  or  such  right,  interest or easement therein, have the
approval of the commissioner of [correctional services] CORRECTIONS  AND
COMMUNITY SUPERVISION.
  S  137.  Subdivision  3  and  4  of section 88 of the railroad law, as
amended by chapter 247 of the laws of  1964,  are  amended  to  read  as
follows:
  3.  The  corporation,  express company or steamboat company making any
such application shall cause the fingerprints of each proposed appointee
to be taken [by a police agency] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  DIVISION  OF CRIMINAL JUSTICE SERVICES and [shall cause] one set of
such fingerprints [to] SHALL be forwarded to the division of  [identifi-
cation,  New  York  state department of correction, at Albany, New York]
CRIMINAL JUSTICE SERVICES, and one  set  [of  such  fingerprints  to  be
forwarded  to  the  identification  division,]  TO THE federal bureau of
investigation[, United States  department  of  justice,  at  Washington,
D. C.,  with the request that such]. SUCH fingerprints shall be searched
by each agency against the fingerprint  records  in  its  files  and  be
retained  in  the  files  of such agencies [and the further request that
reports of the results of such searches  shall  be  transmitted  to  the
superintendent of state police].
  4. Reports of the results of such searches [of the fingerprint records
of  the department of correction and of the department of justice] shall
be reviewed by the superintendent of state police prior to  granting  an
appointment[,]  to  determine  whether  a  proposed appointee is thereby
shown to have been convicted of a crime in the state of New York  or  of
any  offense  in  any other place which if committed in the state of New
York would have been a crime and no person who  is  determined  by  such
review to have been so convicted shall receive an appointment under this
section.

S. 2812                            219                           A. 4012

  S  138.  Subdivision  a  of  section 63-a of the retirement and social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those  terms are defined in subdivision i of section eighty-nine of this
article, who  becomes  physically  or  mentally  incapacitated  for  the
performance  of duties as the natural and proximate result of an injury,
sustained in the performance or discharge of his or her duties by, or as
the natural and proximate result of an act of any inmate or  any  person
confined  in  an institution under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or  office
of mental health, or by any person who has been committed to such insti-
tution  by  any  court  shall  be  paid a performance of duty disability
retirement allowance equal to that which is provided in  section  sixty-
three  of this title, subject to the provisions of section sixty-four of
this title.
  S 139. Section 89 of  the  retirement  and  social  security  law,  as
amended  by chapter 578 of the laws of 1989, subdivision i as amended by
chapter 499 of the laws of 2006, is amended to read as follows:
  S 89. Retirement of members in the uniformed personnel in institutions
under the jurisdiction of  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION  or  who  are security hospital
treatment assistants; new plan. a. Any member in the uniformed personnel
in institutions under the jurisdiction of the department of [correction-
al services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  as  hereinafter
defined,  who enters or re-enters service on or after the effective date
of this section, or who is a security hospital treatment  assistant  who
enters  or reenters service on or after the effective date of the amend-
ment permitting security hospital treatment assistants to be covered  by
this  section,  shall  contribute  on  the  basis  provided  for by this
section.
  b. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, as  hereinafter  defined,  who  entered  such
service  prior  to  the effective date of this section may, on or before
September first, nineteen hundred sixty-six, elect  to  come  under  the
provisions  of this section. Such election shall be in writing and shall
be duly executed and filed with the comptroller.
  c. Any member in the uniformed personnel  in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION, as  hereinafter  defined,  who  entered  such
service  prior  to the effective date of this section, may, on or before
December thirty-first, nineteen hundred sixty-six, elect to  come  under
the  provisions  of  this section. Such election shall be in writing and
shall be duly executed and filed with the comptroller. Any  such  member
who has made an election as set forth herein on or before December thir-
ty-first,  nineteen  hundred  sixty-five, shall be permitted to withdraw
the same and in like manner make a new election on  or  before  December
thirty-first, nineteen hundred sixty-six.
  d. A member who elects or is required to contribute in accordance with
this section shall contribute, in lieu of the proportion of compensation
as  provided  in section twenty-one of this article, a proportion of his
OR HER compensation similarly determined. Such latter  proportion  shall
be  computed  to  provide  at the time when he OR SHE shall first become

S. 2812                            220                           A. 4012

eligible for retirement under this section, an annuity equal to  one-one
hundredth of his OR HER final average salary for each year of service as
a  member  rendered  after  May  first, nineteen hundred sixty-five, and
prior  to  the  attainment  of the age when he OR SHE shall first become
eligible for retirement. Such member's rate of contribution pursuant  to
this  section  shall be appropriately reduced pursuant to section seven-
ty-a of this article for such period of time  as  his  OR  HER  employer
contributes  pursuant  to such section toward pensions-providing-for-in-
creased-take-home pay. No such member  shall  be  required  to  continue
contributions after completing twenty-five years of such service.
  e.  A  member contributing on the basis of this section at the time of
retirement, shall be entitled to retire after the completion of  twenty-
five  years  of  total creditable service as defined in subdivision i of
this section, or upon the attainment of age sixty, by filing an applica-
tion therefor in a manner similar to that provided in section seventy of
this article. He OR SHE thereupon shall receive, on retirement a retire-
ment allowance consisting of:
  1. An annuity, which shall be the actuarial equivalent of his  OR  HER
accumulated contributions at the time of his OR HER retirement, plus,
  2.  A pension which, together with such annuity and a pension which is
the actuarial equivalent of the reserves for-increased-take-home pay  to
which  he  OR SHE may then be entitled, if any, shall equal one-fiftieth
of his OR HER final average salary for each year of  creditable  service
in the uniformed personnel in institutions under the jurisdiction of the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION or for each year of creditable service  as  a  security  hospital
treatment  assistant  under  the  jurisdiction  of  the office of mental
health, as hereinafter defined.   This  pension  shall  not  exceed  the
amount  needed  to  make the total amount of the benefits provided under
paragraphs one and two of this subdivision e equal to one-half of his OR
HER final average salary.
  3. An additional pension equal  to  the  pension  for  any  creditable
service  rendered  while  not in the uniformed personnel in institutions
under the jurisdiction of  the  department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION and rendered while not serving as
a security hospital treatment assistant under the  jurisdiction  of  the
office of mental health, as hereinafter defined, as provided under para-
graphs  two  and  three of subdivision a of section seventy-five of this
article. This pension shall:
  (a) Be payable only if such member has attained age sixty at the  time
of  retirement  and  has  not completed twenty-five years of service for
which he receives credits under this article, and
  (b) Not increase the total allowance to more than one-half of  his  OR
HER final average salary.
  For the purpose only of determining the amount of the pension provided
herein, the annuity shall be computed as it would be:
  (aa)  if  not  reduced  by the actuarial equivalent of any outstanding
loan, and
  (bb) if not increased by the actuarial equivalent  of  any  additional
contributions, and
  (cc) if not reduced by reason of the member's election to decrease his
OR  HER annuity contributions to the retirement system in order to apply
the amount of such reduction in payment of his contributions for old-age
and survivors insurance coverage.
  f. The increased pensions to members of  the  uniformed  personnel  in
institutions  under  the jurisdiction of the department of [correctional

S. 2812                            221                           A. 4012

services] CORRECTIONS AND COMMUNITY SUPERVISION or to  members  who  are
security  hospital  treatment  assistants  under the jurisdiction of the
office of mental health, as provided by this section, shall be paid from
additional  contributions  made  by the state on account of such member.
The actuary of  the  retirement  system  shall  compute  the  additional
contribution  of  each member who elects to receive the special benefits
provided under this section.  Such  additional  contributions  shall  be
computed on the basis of contributions during the prospective service of
such  member which will cover the liability of the retirement system for
such extra pensions.
  g. In computing the twenty-five years of completed service of a member
in the uniformed personnel in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  or  of  a  member who is a security hospital treatment assistant
under the jurisdiction of the office of mental  health,  as  hereinafter
defined, full credit shall be given and full allowance shall be made for
service  of  such  member in war after world war 1 as defined in section
two of this chapter, provided such member at the  time  of  his  OR  HER
entrance into the armed forces was in state service.
  h. The provisions of this section shall be controlling notwithstanding
any provision in this article to the contrary.
  i.  As used in this section, "uniformed persons" or "uniformed person-
nel" in  institutions  under  the  jurisdiction  of  the  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION or "secu-
rity hospital treatment assistants" under the jurisdiction of the office
of mental health mean officers or employees holding the  titles  herein-
after set forth in institutions under the jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND  COMMUNITY SUPERVISION or
under  the  jurisdiction  of  the  office  of  mental  health,   namely:
correction  officers,  prison  guards,  correction sergeants, correction
lieutenants, correction captains,  deputy  assistant  superintendent  or
warden,  deputy  warden  or  deputy  superintendent, superintendents and
wardens, assistant director and director of correction reception center,
director of correctional program,  assistant  director  of  correctional
program,  director  of  community correctional center, community correc-
tional center assistant, correction hospital officers, male  or  female,
correction hospital senior officers, correction hospital charge officer,
correction  hospital  supervising  officer, correction hospital security
supervisor, correction hospital chief  officer,  correction  youth  camp
officer, correction youth camp supervisor, assistant supervisor, correc-
tional  camp superintendent, assistant correctional camp superintendent,
director of crisis  intervention  unit,  assistant  director  of  crisis
intervention  unit,  security  hospital  treatment  assistants, security
hospital treatment  assistants  (Spanish  speaking),  security  hospital
senior  treatment  assistants,  security  hospital supervising treatment
assistants and security  hospital  treatment  chiefs.  Previous  service
rendered  under  the titles by which such positions were formerly desig-
nated and previous service rendered  as  a  narcotic  addiction  control
commission  officer shall constitute creditable service. Notwithstanding
any provision of law to the contrary, any employee of the department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION who became
enrolled  under  this  section  by  reason  of employment as a uniformed
person in an institution under the jurisdiction  of  the  department  of
[correctional  services]  CORRECTIONS AND COMMUNITY SUPERVISION shall be
entitled to full retirement credit for, and full allowance shall be made
under this section for the service  of  such  employee,  not  to  exceed

S. 2812                            222                           A. 4012

twelve  years, while assigned to the training academy or central office,
in  the  following  titles,  namely:  correction   officer,   correction
sergeant,   correction   lieutenant,  correction  captain,  correctional
services  investigator,  senior  correctional services employee investi-
gator, correctional services fire and safety  coordinator,  director  of
special  housing  and inmate disciplinary program, assistant director of
special housing and inmate  disciplinary  program,  assistant  chief  of
investigations, director of CERT operations, correctional facility oper-
ations  specialist,  director of security staffing project, correctional
security technical services specialist, assistant commissioner and depu-
ty commissioner.
  j. Notwithstanding any provisions of subdivision a, b  or  i  of  this
section  to  the contrary, a member who is in the collective negotiating
unit designated as the security services unit and  established  pursuant
to  article  fourteen of the civil service law and who has elected or is
required to contribute in accordance with this section may, on or before
March thirty-first, nineteen hundred seventy-three, elect to come  under
the  provisions of section seventy-five-h of this article. Such election
shall be duly executed and filed with the comptroller.
  k. Any member who, on or before the effective date of this  provision,
is a security hospital treatment assistant under the jurisdiction of the
office of mental health may, by filing an election within one year after
the  effective  date  of  this  provision,  elect  to  be subject to the
provisions of this section. Such election shall be in writing, shall  be
duly executed and filed with the comptroller and shall be irrevocable.
  S  140.  Section  89-n  of  the retirement and social security law, as
added by chapter 573 of the laws of 1991, is amended to read as follows:
  S 89-n. Computation of twenty-five years of service; correction  offi-
cers. a. Notwithstanding any inconsistent provision of law, in computing
twenty-five  years  of  completed  service by correction officers in all
counties, full credit shall be given and full allowance  shall  be  made
for  service of such member as a correction officer employed by the city
of New York, as a uniformed employee in an institution under the  juris-
diction  of  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, as a security hospital assistant under the juris-
diction of the office of mental health, or as a  correction  officer  in
any  county  in which he or she was eligible to retire after twenty-five
years of total creditable service.
  b. Notwithstanding any inconsistent provision  of  law,  in  computing
twenty-five  years  of  completed  service by state correction officers,
full credit shall be given and full allowance shall be made for  service
of such members as a correction officer employed by the city of New York
as  a uniformed employee in an institution under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION,  as  a security hospital assistant under the jurisdiction of the
office of mental health, or as a correction officer  in  any  county  in
which  he or she was eligible to retire after twenty-five years of total
creditable service.
  S 141. Subdivision a of section 444 of the retirement and social secu-
rity law, as amended by chapter 625 of the laws of 2007, is  amended  to
read as follows:
  a.  Except as provided in subdivision c of section four hundred forty-
five-a of this article, subdivision c of  section  four  hundred  forty-
five-b  of  this  article,  subdivision c of section four hundred forty-
five-c  of  this  article,  subdivision  c  of  section   four   hundred
forty-five-d  of  this article as added by chapter four hundred seventy-

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two of the laws  of  nineteen  hundred  ninety-five,  subdivision  c  of
section  four  hundred  forty-five-e  of  this article, subdivision c of
section four hundred forty-five-f of this article and subdivision  c  of
section  four  hundred forty-five-h of this article, the maximum retire-
ment benefit computed without optional modification provided to a member
of a retirement system who is subject to the provisions of this article,
other than a police officer, a firefighter, an  investigator  member  of
the  New  York  city  employees'  retirement  system,  a  member  of the
uniformed personnel in institutions under the jurisdiction  of  the  New
York  city  department  of correction who receives a performance of duty
disability retirement allowance, a member of the uniformed personnel  in
institutions  under  the jurisdiction of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION or a  security  hospital
treatment  assistant,  as  those  terms  are defined in subdivision i of
section eighty-nine of this chapter, who receives a performance of  duty
disability  retirement  allowance,  a  member  of a teachers' retirement
system, New York city employees' retirement system, New York city  board
of  education  retirement  system  or a member of the New York state and
local employees' retirement system or a member  of  the  New  York  city
employees' retirement system or New York city board of education retire-
ment  system  employed as a special officer, parking control specialist,
school safety agent, campus peace officer, taxi and limousine  inspector
or a police communications member and who receives a performance of duty
disability  pension, from funds other than those based on a member's own
or increased-take-home-pay contributions, shall,  before  any  reduction
for  early retirement, be sixty per centum of the first fifteen thousand
three hundred dollars of final average salary, and fifty per  centum  of
final  average  salary  in  excess  of  fifteen  thousand  three hundred
dollars, and forty per centum of final average salary in excess of twen-
ty-seven thousand three hundred dollars,  provided,  however,  that  the
benefits  provided by subdivision c of section four hundred forty-five-d
of this article as added by chapter four hundred seventy-two of the laws
of  nineteen  hundred  ninety-five  based  upon  the  additional  member
contributions  required  by  subdivision  d of such section four hundred
forty-five-d shall be subject to the maximum retirement benefit computa-
tions set forth in this section. The maximum retirement benefit computed
without optional modification payable to a police officer,  an  investi-
gator  member  of  the  New  York city employees' retirement system or a
firefighter shall equal that payable upon completion of thirty years  of
service,  except  that  the  maximum service retirement benefit computed
without optional modification shall equal that payable  upon  completion
of thirty-two years of service.
  S  142.  Section  450  of  the  retirement and social security law, as
amended by chapter 489 of the laws  of  1998,  is  amended  to  read  as
follows:
  S  450.  Definitions.  For  the purposes of this article: (1) the term
"correction officer" shall mean members of the New York state and  local
employees'  retirement  system  who  are  in a plan limited to uniformed
personnel in institutions under the jurisdiction of  the  department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or members
of  such  system  who  are  also  in  titles defined in subdivision i of
section eighty-nine of this chapter and correction members  of  the  New
York  city employees' retirement system; (2) the term "police officer or
firefighter" shall mean members of the New York state and  local  police
and  fire  retirement system, the New York city police pension fund, New
York city fire department pension fund, and housing police  members  and

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transit  police  members  of  the  New  York  city employees' retirement
system; (3) the term "sanitation man" shall mean sanitation  members  of
the New York city employees' retirement system; and (4) the term "inves-
tigator member" shall mean members who are police officers as defined in
paragraph (g) of subdivision thirty-four of section 1.20 of the criminal
procedure law.
  S 143. Subdivision c of section 503 of the retirement and social secu-
rity  law,  as amended by chapter 622 of the laws of 2004, is amended to
read as follows:
  c. A general member shall be eligible for early service retirement  at
age  fifty-five with five years of credited service. A general member in
the uniformed correction force  of  the  New  York  city  department  of
correction, who is not eligible for early service retirement pursuant to
subdivision c of section five hundred four-a of this article or subdivi-
sion  c  of section five hundred four-b of this article or subdivision c
of section five hundred four-d of this article, or a general  member  in
the  uniformed  personnel  in institutions under the jurisdiction of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter  or  serving  in institutions who is also in a title defined in such
subdivision and who has made an election pursuant to the  provisions  of
article  seventeen  of  this  chapter,  shall also be eligible for early
service retirement after twenty-five years of credited service.
  S 144. Subdivisions d and e of  section  504  of  the  retirement  and
social security law, subdivision d as amended by chapter 622 of the laws
of  2004,  and  subdivision  e  as amended by chapter 578 of the laws of
1989, is amended to read as follows:
  d. The early service retirement benefit for  general  members  in  the
uniformed   correction   force  of  the  New  York  city  department  of
correction, who are not entitled to an early service retirement  benefit
pursuant to subdivision c of section five hundred four-a of this article
or  subdivision  c  of  section  five  hundred four-b of this article or
subdivision c of section five hundred four-d of  this  article,  or  for
general  members  in  the  uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION, as defined in subdivision i of section eight-
y-nine  of  this  chapter,  shall  be a pension equal to one-fiftieth of
final average salary times years of credited service at  the  completion
of  twenty-five  years of service, but not in excess of fifty percent of
final average salary.
  e. The early service retirement benefit  for  uniformed  personnel  in
institutions  under  the jurisdiction of the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, as defined in  subdivi-
sion  i  of  section  eighty-nine  of this chapter, or who are in titles
defined in subdivision i of section eighty-nine of this chapter and  who
have made an election pursuant to the provisions of article seventeen of
this  chapter, shall be a pension equal to one-fiftieth of final average
salary times years of credited service at the completion of  twenty-five
years  of  service,  but not in excess of fifty percent of final average
salary.
  S 145. The opening paragraph of subdivision a of section 507-a of  the
retirement  and  social  security  law, as amended by chapter 578 of the
laws of 1989, is amended to read as follows:
  Application for a disability retirement allowance for a member in  the
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-

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VISION  of New York state as defined in subdivision i of section eighty-
nine of this chapter or for a member serving in institutions who is also
in a title defined in such subdivision and  who  has  made  an  election
pursuant  to  the provisions of article seventeen of this chapter or the
New York city department of correction may be made by:
  S 146. Subdivision a of section 507-b of  the  retirement  and  social
security law, as added by chapter 722 of the laws of 1996, is amended to
read as follows:
  a.  Any  member  in  the uniformed personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION or a security hospital treatment assistant, as
those  terms are defined in subdivision i of section eighty-nine of this
chapter, who  becomes  physically  or  mentally  incapacitated  for  the
performance  of duties as the natural and proximate result of an injury,
sustained in the performance or discharge of his or her duties by, or as
a natural and proximate result of, an act of any inmate  or  any  person
confined  in  an institution under the jurisdiction of the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION or  office
of mental health, or by any person who has been committed to such insti-
tution  by  any  court  shall  be  paid a performance of duty disability
retirement allowance equal to that which is provided in  section  sixty-
three  of  this chapter, subject to the provisions of section sixty-four
of this chapter.
  S 147. Subdivision f of section 511 of the retirement and social secu-
rity law, as amended by chapter 667 of the laws of 1996, is  amended  to
read as follows:
  f.  This  section  shall not apply to general members in the uniformed
correction force of the New York city department  of  correction  or  to
uniformed  personnel  in  institutions  under  the  jurisdiction  of the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION  and  security  hospital treatment assistants, as those terms are
defined in subdivision i of section eighty-nine of this chapter.
  S 148. Subdivisions b and d of  section  516  of  the  retirement  and
social security law, subdivision b as amended by chapter 174 of the laws
of 1989 and subdivision d as amended by chapter 622 of the laws of 2004,
is amended to read as follows:
  b.  The deferred vested benefit of general members, except for general
members in the uniformed correction force of the New York  city  depart-
ment  of  correction  or  uniformed  personnel in institutions under the
jurisdiction of the department of  [correctional  services]  CORRECTIONS
AND  COMMUNITY SUPERVISION as defined in subdivision i of section eight-
y-nine of this chapter, with twenty or more years  of  credited  service
shall be a pension commencing at normal retirement age equal to one-fif-
tieth  of  final  average salary times years of credited service, not in
excess of thirty years, less fifty percent of the primary social securi-
ty retirement benefit, as provided in section  five  hundred  eleven  of
this article. The deferred vested benefit of general members, except for
general  members  in the uniformed correction force of the New York city
department of correction or uniformed personnel  in  institutions  under
the   jurisdiction   of   the   department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION as defined  in  subdivision  i  of
section  eighty-nine  of  this  chapter,  with less than twenty years of
credited service shall be a pension commencing at normal retirement  age
equal  to  one-sixtieth  of final average salary times years of credited
service, less fifty percent of the primary  social  security  retirement
benefit,  as  provided  in  section five hundred eleven of this article.

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Such deferred vested benefit may be paid in the form of an early service
retirement benefit, or may be postponed until  after  normal  retirement
age,  in  which  event the benefit will be subject to reduction or esca-
lation as provided in subdivision c of section five hundred four of this
article.
  d.  The  deferred  vested  benefit of general members in the uniformed
correction force of the New York city department of correction, who  are
not entitled to a deferred vested benefit under subdivision d of section
five  hundred  four-a  of this article or under subdivision d of section
five hundred four-b of this article or under subdivision  d  of  section
five  hundred  four-d  of  this  article,  or  of general members in the
uniformed personnel  in  institutions  under  the  jurisdiction  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, as defined in subdivision i of section eighty-nine of this chap-
ter, with twenty or more years of credited service shall  be  a  pension
commencing at normal retirement age equal to one-fiftieth of final aver-
age  salary  times  years  of  credited service, not in excess of thirty
years. The deferred vested benefit of general members in  the  uniformed
correction  force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision  d  of  section
five  hundred  four-b  of this article or under subdivision d of section
five hundred four-d of this  article,  or  of  general  members  in  the
uniformed personnel in institutions under jurisdiction of the department
of  [correctional  services]  CORRECTIONS  AND COMMUNITY SUPERVISION, as
defined in subdivision i of section eighty-nine of  this  chapter,  with
less than twenty years of credited service shall be a pension commencing
at  normal  retirement age equal to one-sixtieth of final average salary
times years of credited service. Such deferred  vested  benefit  may  be
paid in the form of an early service retirement benefit, or may be post-
poned until after normal retirement age, in which event the benefit will
be  subject  to  reduction or escalation as provided in subdivision c of
section five hundred four of this article.
  S 149. Paragraph 2 of subdivision a of section 600 of  the  retirement
and  social security law, as amended by chapter 421 of the laws of 2006,
is amended to read as follows:
  2. (a) Members in the uniformed personnel in  institutions  under  the
jurisdiction  of  the  department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION of New York state, other than certain  persons
as  defined  in  this  section  or  the  New  York  city  department  of
correction.
  (b) For purposes of this paragraph, certain persons means either:
  (i) a person who is appointed to the title of superintendent, who  has
had  at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
[correctional services] CORRECTIONS AND COMMUNITY  SUPERVISION  and  who
elects  the  retirement plan established pursuant to this article within
ninety days of his or her appointment.  Such election shall be in  writ-
ing,  shall be duly executed and filed with the comptroller and shall be
irrevocable as long as such person is in the title of superintendent; or
  (ii) a person who serves in the title of superintendent  as  of  April
first,  two  thousand  six,  who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of [correctional services]  CORRECTIONS
AND COMMUNITY SUPERVISION and who elects the retirement plan established
pursuant  to this article on or before September thirtieth, two thousand

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six. Such election shall be in writing, shall be duly executed and filed
with the comptroller and shall be irrevocable as long as such person  is
in the title of superintendent.
  (c)  Any person in the title of superintendent who is eligible to make
an election as described in this section but  who  does  not  make  such
election,  shall  remain  a  member  of the retirement plan that persons
appointed to the title of superintendent join who do not meet the  above
criteria.
  S  150.  Subdivision  8  of  section 20 of the social services law, as
added by chapter 568 of the laws of 2008, is amended to read as follows:
  8. (a) The office of temporary and disability assistance shall promul-
gate rules and regulations for the administration of  this  subdivision.
The  rules  and regulations shall provide for the conditions under which
local social services officials determine the  placement  of  applicants
for  and  recipients  of public assistance for whom a notice pursuant to
[subdivision sixteen of] section two hundred [fifty-nine-c] THREE of the
[executive] CORRECTION law, has been received and who are:
  (i) determined to be in immediate need of shelter; and
  (ii) designated a level two or level three sex  offender  pursuant  to
article six-C of the correction law.
  (b)  When  making  determinations  in  regard to the placement of such
individuals in shelter, local social services officials  shall  consider
the following factors:
  (i)  the location of other sex offenders required to register pursuant
to the sex offender registration act, specifically whether  there  is  a
concentration  of registered sex offenders in a certain residential area
or municipality;
  (ii) the number of registered sex offenders residing at  a  particular
property;
  (iii) proximity of the entities with vulnerable populations;
  (iv)  accessibility  to  family  members,  friends or other supportive
services, including but not limited to locally  available  sex  offender
treatment  programs  with  preference  for placement of such individuals
into programs that  have  demonstrated  effectiveness  in  reducing  sex
offender recidivism and increasing public safety; and
  (v)  investigation  and approval of such placement by the [state divi-
sion of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  S 151. Paragraph (g) of subdivision 5 of  section  62  of  the  social
services  law, as added by chapter 55 of the laws of 1992, is amended to
read as follows:
  (g) (1) When a person applies for medical parole, and is  in  need  of
public  assistance,  including  medical  assistance,  the  department of
[correctional services]  CORRECTIONS  AND  COMMUNITY  SUPERVISION  shall
cause  an application for such assistance to be forwarded to the depart-
ment of social services.
  (2) Upon receipt of an application for  public  assistance,  including
medical assistance, forwarded by the [state] department of [correctional
services]  CORRECTIONS AND COMMUNITY SUPERVISION for persons meeting the
conditions of medical parole, financial eligibility for such  assistance
and  care shall be determined by the New York state department of social
services prior to the person's parole.
  (3) Determination of continuing  eligibility  for  public  assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
  (4)  Any  inconsistent provision of this chapter or other law notwith-
standing, when a person  is  released  on  medical  parole  pursuant  to

S. 2812                            228                           A. 4012

section   two   hundred   [fifty-nine-r]  FIFTY-NINE-E  OR  TWO  HUNDRED
FIFTY-NINE-F of the executive law and is in need of  public  assistance,
including medical assistance, the social services district in which such
person  was  convicted  and  from  which  he or she was committed to the
custody of the [state] department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION shall be responsible  for  the  administrative
costs  of  the  initial and any subsequent eligibility determination and
the costs  of  any  public  assistance,  including  medical  assistance,
following  such  persons  release  on medical parole for so long as such
person is eligible therefor.
  S 152. Subdivision 14 of section 131 of the social  services  law,  as
added  by  section  11  of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  14. (a) Notwithstanding any provision of this chapter or other law  to
the  contrary, no public assistance shall be given to any individual who
is (i) fleeing to avoid prosecution or custody or conviction  under  the
laws  of  the  place  from which the individual flees for a crime, or an
attempt to commit a crime, which is a felony under the laws of the place
from which the individual flees or which, in the case of  the  state  of
New  Jersey,  is a high misdemeanor under the laws of such state or (ii)
violating a condition of probation or parole imposed  under  federal  or
state law.
  (b)  For  purposes  of this section, if and to the extent permitted by
federal law, a person shall be considered to be violating a condition of
probation or parole only if:
  (i) he or she is currently  an  absconder  from  probation  or  parole
supervision and a warrant alleging such a violation is outstanding; or
  (ii)  he  or  she  has  been  found  by judicial determination to have
violated probation or by administrative adjudication by the [division of
parole] DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION  to  have
violated parole.
  Such  person  shall  be  considered  to  be  violating  a condition of
probation or parole only until he or she is  restored  to  probation  or
parole  supervision or released from custody, or until the expiration of
the person's maximum period of imprisonment  or  supervision,  whichever
occurs first.
  (c)  A  person  considered to be violating a condition of probation or
parole under this section shall include a  person  who  is  violating  a
condition of probation or parole imposed under federal law.
  (d)  For  purposes  of this section, probation or parole shall include
conditional release, wherever applicable.
  S 153. Subparagraph (k) of paragraph (A) of subdivision 4  of  section
422  of the social services law, as amended by chapter 12 of the laws of
1996, is amended to read as follows:
  (k) a probation service conducting an investigation pursuant to  arti-
cle  three  or  seven  or  section six hundred fifty-three of the family
court act where there is reason to suspect  the  child  or  the  child's
sibling  may  have  been abused or maltreated and such child or sibling,
parent, guardian or other person legally responsible for the child is  a
person  named  in an indicated report of child abuse or maltreatment and
that such information is necessary for the making of a determination  or
recommendation  to  the court; or a probation service regarding a person
about whom it is conducting an investigation pursuant to  article  three
hundred  ninety of the criminal procedure law, or a probation service or
the [state division of parole] DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
SUPERVISION regarding a person to whom the service or [division] DEPART-

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MENT is providing supervision pursuant to article sixty of the penal law
or [section two hundred fifty-nine-a of the executive law] ARTICLE EIGHT
OF THE CORRECTION LAW, where the subject of investigation or supervision
has  been  convicted  of  a felony under article one hundred twenty, one
hundred twenty-five or one hundred thirty-five of the penal law  or  any
felony  or  misdemeanor  under  article  one hundred thirty, two hundred
thirty-five, two hundred forty-five, two hundred sixty  or  two  hundred
sixty-three  of  the penal law, or has been indicted for any such felony
and, as a result, has been convicted of a crime  under  the  penal  law,
where the service or [division] DEPARTMENT requests the information upon
a certification that such information is necessary to conduct its inves-
tigation,  that there is reasonable cause to believe that the subject of
an investigation is the subject of an indicated report and that there is
reasonable cause to believe that  such  records  are  necessary  to  the
investigation by the probation service or the [state division of parole]
DEPARTMENT,  provided,  however,  that  only  indicated reports shall be
furnished pursuant to this subdivision;
  S 154. Subdivision 11 of section 460-d of the social services law,  as
amended  by  section  42 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  11. On or before issuance by the department to an adult care  facility
operator of official written notice of: the proposed revocation, suspen-
sion  or  denial of the operator's operating certificate; the limitation
of the operating certificate with respect to new admissions;  the  issu-
ance of a department order or commissioner's order; the seeking of equi-
table  relief pursuant to this section; the proposed assessment of civil
penalties for violations of the provisions of subparagraph two of  para-
graph  (b)  of subdivision seven of this section or placement on the "do
not refer list" pursuant to subdivision fifteen of this section, written
notice also shall be given to the appropriate office of  the  department
of  mental [hygiene] HEALTH, department of [correctional services, state
division of parole] CORRECTIONS  AND  COMMUNITY  SUPERVISION  and  local
social  services  districts, and provided further that the department of
health shall notify hospitals in the locality in which such facility  is
located  that  such  notice  has  been  issued.  Upon resolution of such
enforcement action the department shall notify the appropriate office of
the department of mental [hygiene] HEALTH, department  of  [correctional
services,  state  division  of  parole] CORRECTIONS AND COMMUNITY SUPER-
VISION, local social services districts and hospitals.
  S 155. Subdivision 1 of section 102 of the state administrative proce-
dure act, as amended by chapter 635 of the laws of 1995, is  amended  to
read as follows:
  1. "Agency" means any department, board, bureau, commission, division,
office,  council, committee or officer of the state, or a public benefit
corporation or public  authority  at  least  one  of  whose  members  is
appointed  by  the  governor, authorized by law to make rules or to make
final decisions in adjudicatory proceedings but shall  not  include  the
governor,  agencies  in  the legislative and judicial branches, agencies
created by interstate compact or international agreement,  the  division
of  military  and naval affairs to the extent it exercises its responsi-
bility for military and naval affairs, the division of state police, the
identification and intelligence unit of the division of criminal justice
services, the state insurance fund, the  unemployment  insurance  appeal
board, and except for purposes of subdivision one of section two hundred
two-d  of  this  chapter, the workers' compensation board and except for
purposes of article two of this chapter, the [state division  of  parole

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and the] department of [correctional services] CORRECTIONS AND COMMUNITY
SUPERVISION.
  S  156. Subdivision 12 of section 8 of the state finance law, as sepa-
rately amended by chapters 305 and 477 of the laws of 1985,  is  amended
to read as follows:
  12.  Notwithstanding any inconsistent provision of the court of claims
act, examine, audit and certify for  payment  any  claim  submitted  and
approved  by  the  head  of  any institution in the department of mental
[hygiene] HEALTH, the department of [correctional services]  CORRECTIONS
AND COMMUNITY SUPERVISION, the department of health or the [division for
youth]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES for personal property
damaged or destroyed by any inmate thereof, or for personal property  of
an employee damaged or destroyed without fault on his part, by a fire in
said institution; or any claim submitted and approved by the head of any
institution  in  the department of mental [hygiene] HEALTH or the [divi-
sion for youth] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  for  real  or
personal  property  damaged or destroyed or for personal injuries caused
by any patient during thirty days from the date of his escape from  such
institution; or any claim submitted and approved by the [chairman of the
board  of  parole]  COMMISSIONER  OF  THE  DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION for personal property of an  employee  damaged  or
destroyed without fault on his part as a result of actions unique to the
performance  of  his  official duties in accordance with rules and regu-
lations promulgated by the [chairman] COMMISSIONER OF THE DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  with the approval of the comp-
troller; or any claim submitted and approved by the chief  administrator
of  the  courts  for  personal  property  of any judge or justice of the
unified court system or of any nonjudicial officer or  employee  thereof
damaged  or destroyed, without fault on his part, by any party, witness,
juror or bystander to court proceedings, provided no such claim  may  be
certified  for  payment to a nonjudicial officer or employee who is in a
collective negotiating unit until the chief administrator shall  deliver
to the comptroller a certificate that there is in effect with respect to
such negotiating unit a written collective bargaining agreement with the
state  pursuant  to  article  fourteen  of  the  civil service law which
provides therefor; or any claim submitted and  approved  by  the  super-
intendent of state police for personal property of a member of the state
police  damaged  or  destroyed  without fault on his part as a result of
actions unique to the performance of police duties  in  accordance  with
rules  and  regulations  promulgated  by  the  superintendent  with  the
approval of the comptroller; or any claim submitted and approved by  the
head  of  a  state department or agency having employees in the security
services unit or the security supervisors unit for personal property  of
a member of such units damaged or destroyed without fault on his part as
a  result of actions unique to the performance of law enforcement duties
in accordance with rules and regulations promulgated by  the  department
or  agency  head,  after  consultation  with  the  employee organization
representing such units and with the approval  of  the  comptroller  and
payment  of  any  such  claim  shall not exceed the sum of three hundred
fifty dollars. Where an agreement between  the  state  and  an  employee
organization  reached  pursuant to the provisions of article fourteen of
the civil service law provides for payments to be made to  employees  by
an  institution,  such payments for claims not in excess of seventy-five
dollars, or one hundred fifty dollars if otherwise provided  in  accord-
ance  with  the  terms  of such agreement, may be made from a petty cash

S. 2812                            231                           A. 4012

account established pursuant to section  one  hundred  fifteen  of  this
chapter, and in the manner prescribed therein.
  S  157.  Subdivision  12-g  of  section 8 of the state finance law, as
amended by section 37 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  12-g.  Notwithstanding  any other provision of the court of claims act
or any other law to the contrary, thirty  days  before  the  comptroller
issues  a check for payment to an inmate serving a sentence of imprison-
ment with the [state] department of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION or to a prisoner confined at a local correc-
tional facility for any reason, including a payment made in satisfaction
of any damage award in connection with any  lawsuit  brought  by  or  on
behalf  of  such  inmate  or  prisoner  against  the state or any of its
employees in federal court or any other  court,  the  comptroller  shall
give  written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the executive law, to the office  of  victim
services  that  such payment shall be made thirty days after the date of
such notice.
  S 158. Subparagraph 4 of paragraph a of subdivision 1 of section 54 of
the state finance law, as added by chapter 430 of the laws of  1997,  is
amended to read as follows:
  (4)  Population  excludes the reservation and school Indian population
and inmates of [state] institutions under the direction, supervision  or
control  of  the state department of [correctional services] CORRECTIONS
AND COMMUNITY SUPERVISION and the state department of  mental  [hygiene]
HEALTH  and the inmates of state institutions operated and maintained by
the [state division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
  S 159. Subdivisions 3 and 4 of section 97-cc of the state finance law,
as added by chapter 338 of the laws of 1989,  are  amended  to  read  as
follows:
  3. Moneys within the rehabilitative alcohol and substance abuse treat-
ment fund, upon appropriation by the legislature, shall be available [to
the division of parole and] to the department of [correctional services]
CORRECTIONS  AND  COMMUNITY SUPERVISION for the operation of alcohol and
substance  abuse  treatment  facilities,  alcohol  and  substance  abuse
correctional  annexes  and  residential treatment facilities, including,
but not limited to, the payment of private  sector  treatment  providers
and  for  providing  alcohol  and  substance abuse treatment services to
persons  under  the  supervision  of  the   [division]   DEPARTMENT   OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  4.  Moneys, shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by  the  commissioner
of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION.
  S 160. Section 97-ooo of the state finance law, as added by section 10
of  part  B  of  chapter  57  of the laws of 1998, is amended to read as
follows:
  S 97-ooo.  [Division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION asset forfeiture account. 1. There is hereby  established
in  the  joint  custody  of  the  state comptroller and the [division of
parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  a  special
account within the miscellaneous special revenue fund to be known as the
[division of parole] DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
asset  forfeiture account. Such account shall consist, subject to neces-
sary federal approval, of moneys received by the  [division  of  parole]
DEPARTMENT  OF CORRECTIONS AND COMMUNITY SUPERVISION through the equita-
ble sharing that is authorized in federal forfeiture actions.

S. 2812                            232                           A. 4012

  2. The moneys of the account shall be available for purposes of devel-
oping additional resources such as, but not limited to, obtaining equip-
ment, establishing training programs, or accessing  existing  technology
or databases.
  3. The [chairman of the board] COMMISSIONER of [parole] THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION shall report to the commission-
er  of  the  division  of criminal justice services, the director of the
budget, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee by October first, nineteen hundred
ninety-eight and every six months thereafter, on the source and  amounts
of  moneys  in  the  account.  Such  report shall describe the amount of
moneys received by the federal government and the [division  of  parole]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  from the joint
activities of the [division]  DEPARTMENT  and  federal  law  enforcement
agencies,  the  law  enforcement activities which led to such forfeiture
and the value of the assets so seized.
  4. The moneys of such account shall be made available on the audit and
warrant of the comptroller on vouchers  certified  or  approved  by  the
[chairman]   COMMISSIONER   of  the  [board  of  parole]  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  S 161. Paragraphs (a) and (b) of subdivision 3 of section 99-m of  the
state  finance law, as added by section 2 of part E of chapter 56 of the
laws of 2005, are amended to read as follows:
  (a) An individual or entity ("administrator"), appointed by the gover-
nor in consultation with the temporary  president  of  the  senate,  the
speaker  of  the  assembly,  and  representatives of eligible claimants,
shall develop the compensation payment plan.  Such  administrator  shall
not be entitled to salary or remuneration for his/her services; however,
reasonable expenses directly connected to the conduct of the administra-
tor's  duties  shall  be  paid  through  the department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION.
  (b) The administrator shall receive from each claimant  an  accounting
of  the injuries suffered by the state employee victim during the course
of the Attica riots. The administrator shall determine and promulgate to
potential claimants through the department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION the means and dates by which said
accountings of injuries shall be submitted and determined. To the extent
any inconsistency or discrepancy in accounts  of  injuries  suffered  is
identified,  the  administrator  may  rely  upon  the  assistance of the
report, research, and documentation regarding the Attica riots  compiled
by the Attica task force created in March of two thousand one.
  S  162. Section 125 of the state finance law, as amended by chapter 37
of the laws of 1962, is amended to read as follows:
  S 125. Fiscal supervision of certain  institutions.    Notwithstanding
any  other  provision  of law relative to the supervision and control by
departments of any  of  the  institutions  under  the  jurisdiction  and
control  of  the  [department of social welfare] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, the  department  of  health,  the  department  of
mental  [hygiene]  HEALTH and the department of [correction] CORRECTIONS
AND COMMUNITY SUPERVISION on the first day of January, nineteen  hundred
thirty-nine  and  of  any institution which shall hereafter be under the
jurisdiction of such departments, such department shall have the  powers
and  duties prescribed by this article with respect to such institution.
This section shall not impair or affect the powers of  the  commissioner
of general services under the provisions of article eleven of this chap-

S. 2812                            233                           A. 4012

ter  with  respect  to estimates made pursuant to this section so far as
they constitute a requisition for material, equipment or supplies.
  S  163.  Subdivision  1  of  section  128 of the state finance law, as
amended by chapter 471 of the laws  of  1980,  is  amended  to  read  as
follows:
  1.  Any  personal  property,  and  any interest or increments accruing
thereon, belonging or credited to a person in any institution under  the
jurisdiction  of the [department of social services] OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, the department of health, the  department  of
mental  [hygiene] HEALTH, the executive department, or the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION who  shall
have  been  discharged  from  such institution or who shall have died or
escaped before discharge or before termination of sentence, which is  in
the  custody  of  the  proper  officer  of  such  institution, shall, if
unclaimed by such discharged or escaped person or by the legal represen-
tative of such deceased person for a period  of  six  months  after  the
discharge,  decease or escape of such person, be fully inventoried and a
copy of such inventory shall be filed  with  the  commissioner  of  such
department  having jurisdiction over such institution and with the state
comptroller.
  S 164. Paragraph a of subdivision 2, paragraphs a and b of subdivision
3, subparagraph (i) of paragraph a of subdivision 4, subdivision  5  and
paragraphs  a and d of subdivision 6 of section 162 of the state finance
law, as added by chapter 83 of the laws  of  1995  and  paragraph  a  of
subdivision 2 as amended by chapter 501 of the laws of 2002, are amended
to read as follows:
  a.  Commodities produced by the [department of correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION and provided to the state pursuant to subdivision
two of section one hundred eighty-four of the correction law;
  [fa] A.  By December thirty-first, nineteen hundred  ninety-five,  the
commissioner,  in  consultation  with the commissioners of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION, [social  services]  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, mental health and education, shall prepare a list
of all commodities  and  services  that  are  available  and  are  being
provided as of said date, for purchase by state agencies, public benefit
corporations  or  political  subdivisions  from  those entities accorded
preference or priority status under this section. Such list may  include
references to catalogs and other descriptive literature which are avail-
able  directly  from  any  provider accorded preferred status under this
section. The commissioner shall make this list available to  prospective
vendors, state agencies, public benefit corporations, political subdivi-
sions  and  other  interested  parties. Thereafter, new or substantially
different  commodities  or  services  may  only  be  made  available  by
preferred  sources  for  purchase  by more than one state agency, public
benefit corporation or political  subdivision  after  addition  to  said
list.
  b. After January first, nineteen hundred ninety-six, upon the applica-
tion  of  the  commissioner  of  [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION, the commissioner of [social services] THE  OFFICE
OF  CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, the commissioner of mental health  or  the  commissioner  of
education,  or a non-profit-making facilitating agency designated by one
of the said commissioners pursuant to paragraph e of subdivision six  of
this  section,  the  state  procurement  council  may recommend that the

S. 2812                            234                           A. 4012

commissioner: (i) add commodities or services to, or (ii)  in  order  to
insure that such list reflects current production and/or availability of
commodities  and  services, delete at the request of a preferred source,
commodities  or  services  from,  the list established by paragraph a of
this subdivision. The council may make a non-binding  recommendation  to
the relevant preferred source to delete a commodity or service from such
list. Additions may be made only for new services or commodities, or for
services  or  commodities  that  are  substantially different from those
reflected on said list for that provider. The decision to recommend  the
addition  of  services  or  commodities  shall be based upon a review of
relevant factors as determined by the council including costs and  bene-
fits  to  be derived from such addition and shall include an analysis by
the office of general services conducted pursuant to subdivision six  of
this  section.  Unless the state procurement council shall make a recom-
mendation to the commissioner on any such application within one hundred
twenty days of receipt thereof, such application shall be deemed  recom-
mended.  In  the event that the state procurement council shall deny any
such application, the commissioner  or  non-profit-making  agency  which
submitted  such  application  may,  within  thirty  days of such denial,
appeal such denial to the commissioner of  general  services  who  shall
review  all  materials  submitted  to the state procurement council with
respect to such application and who may request such further information
or material as is deemed necessary. Within sixty days of receipt of  all
information or materials deemed necessary, the commissioner shall render
a  written final decision on the application which shall be binding upon
the applicant and upon the state procurement council.
  (i) When commodities are available, in the form, function and  utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities must be purchased
first  from  the  [department  of  correctional  services'] correctional
industries program OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION;
  5.  Prices  charged  by  the  department  of  [correctional  services]
CORRECTIONS  AND  COMMUNITY  SUPERVISION.   The prices to be charged for
commodities produced  by  the  [department  of  correctional  services']
correctional  industries  program  OF  THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION  shall  be  established  by  the  commissioner  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION in accord-
ance with section one hundred eighty-six of the correction law.
  a.  The  prices  established  by  the  commissioner  of  [correctional
services] CORRECTIONS AND COMMUNITY  SUPERVISION  shall  be  based  upon
costs as determined pursuant to this subdivision, but shall not exceed a
reasonable  fair market price determined at or within ninety days before
the time of sale. Fair market price as used herein means  the  price  at
which a vendor of the same or similar product or service who is regular-
ly  engaged in the business of selling such product or service offers to
sell such product or service under similar terms  in  the  same  market.
Costs  shall  be  determined in accordance with an agreement between the
commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION and the director of the budget.
  b. A purchaser of any such product or service may, at any  time  prior
to  or within thirty days of the time of sale, appeal the purchase price
in accordance with section one hundred eighty-six of the correction law,
on the basis that it unreasonably exceeds fair  market  price.  Such  an
appeal  shall  be  decided  by  a  majority vote of a three-member price
review board consisting of the director of the budget, the  commissioner

S. 2812                            235                           A. 4012

of [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION and the
commissioner  or their representatives. The decision of the review board
shall be final.
  a.  Except  with respect to the [department of correctional services']
correctional industries program OF THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY  SUPERVISION,  it  shall  be  the  duty of the commissioner to
determine, and from time to time review, the prices of  all  commodities
and  to  approve the price of all services provided by preferred sources
as specified in this section offered to state agencies, political subdi-
visions or public  benefit  corporations  having  their  own  purchasing
office.
  d.  Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of  materials,  equipment
and supplies [from the department of correctional services' correctional
industries  program,]  directly from the correctional industries program
administered by the commissioner of [correctional services]  CORRECTIONS
AND  COMMUNITY  SUPERVISION, subject to such rules as may be established
from time to time pursuant to the  correction  law;  provided  that  the
qualified  charitable  non-profit-making  agency  for the blind or other
severely disabled shall accept sole responsibility for any  payment  due
the  department  of  [correctional  services]  CORRECTIONS AND COMMUNITY
SUPERVISION.
  S 165. Subparagraph (viii) of paragraph a of subdivision 3 of  section
163  of  the  state  finance  law, as added by chapter 83 of the laws of
1995, is amended to read as follows:
  (viii) The commissioner may permit and prescribe the  conditions  for,
(A)  any  association, consortium or group of privately owned or munici-
pal, federal or state owned  or  operated  hospitals,  medical  schools,
other  health  related facilities or voluntary ambulance services, which
have entered into a contract and made mutual arrangements for the  joint
purchase of commodities pursuant to section twenty-eight hundred three-a
of the public health law; (B) any institution for the instruction of the
deaf  or  of  the  blind  listed in section forty-two hundred one of the
education law; (C) any qualified non-profit-making agency for the  blind
approved by the commissioner of [social services] THE OFFICE OF CHILDREN
AND   FAMILY   SERVICES  OR  THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE; (D) any qualified charitable  non-profit-making  agency  for
the severely disabled approved by the commissioner of education; (E) any
hospital or residential health care facility as defined in section twen-
ty-eight  hundred one of the public health law; (F) any private not-for-
profit mental hygiene facility as defined in section 1.03 of the  mental
hygiene  law; and (G) any public authority or public benefit corporation
of the state, including the port authority of New York  and  New  Jersey
and  the  interstate  environmental  commission, to make purchases using
centralized contracts for commodities. Such qualified  non-profit-making
agencies for the blind and severely disabled may make purchases from the
[department  of  correctional services'] correctional industries program
OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  subject  to
rules pursuant to the correction law.
  S  166. Section 401 of the state technology law, as added by section 1
of part E of chapter 1 of the laws of 2004, and as renumbered by chapter
741 of the laws of 2005, is amended to read as follows:
  S 401. Statewide wireless network advisory council.  There  is  hereby
established  within  the  office  for  technology  a  statewide wireless
network advisory council. The advisory council shall consist of  twenty-
seven  members. The governor shall appoint two members and the temporary

S. 2812                            236                           A. 4012

president of the senate and the  speaker  of  the  assembly  shall  each
appoint  four  members.  One of the governor's appointments and three of
the appointments of the temporary president of the  senate  and  of  the
speaker  of  the  assembly  shall be a member, officer, or employee of a
first responder organization that serves a  municipal  corporation.  One
each of the appointments of the temporary president of the senate and of
the  speaker  of  the  assembly  shall possess expertise in the field of
communications technology but no appointee shall be the  owner,  princi-
pal,  or employee of an entity that has a contract with the state of New
York or that vends communications products to any state or local govern-
ment. An organization shall be considered a first responder organization
if it provides policing, firefighting, or emergency medical services, as
defined in subdivision eleven  of  section  three  hundred  two  of  the
retirement  and  social  security  law,  subdivision  two of section one
hundred of the general municipal  law,  subdivisions  one,  two,  three,
four,  five,  six, and seven of section three thousand one of the public
health law, and section six hundred fifty of the county  law.  In  addi-
tion,  the  temporary  president  of  the  senate and the speaker of the
assembly shall each designate one member of their respective  houses  to
serve  on  the advisory council. Ex officio members of the council shall
be the director of the office of homeland security,  the  superintendent
of  the  state  police,  the  director of the office for technology, the
commissioner of the  department  of  health,  the  commissioner  of  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION, the  commissioner  of  the  department  of  transportation,  the
commissioner of the department of environmental conservation, the chair-
person  of  the  thruway  authority, the state fire administrator of the
office of fire prevention and control, the chief judge of the state, the
commissioner of the division of criminal justice  services,  the  chair-
person  of  the metropolitan transportation authority, a designee of the
law enforcement council and the designee of the mayor of the city of New
York, or their designees. The chief  information  officer  of  New  York
state shall be the chair of the advisory council.
  S  167.  Section  2222-a  of  the  surrogate's court procedure act, as
amended by section 45 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
S  2222-a.  Notice  of legacy or distributive share payable to inmate or
               prisoner
  Where the legatee, distributee or beneficiary is an inmate  serving  a
sentence  of  imprisonment  with  the  state department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION or a  prisoner  confined
at  a  local  correctional facility, the court shall give prompt written
notice to the office of victim services, and at  the  same  time  direct
that no payment be made to such inmate or prisoner for a period of thir-
ty  days following the date of entry of the order containing such direc-
tion.
  S 168. Subdivision (d) of section 484 of the  tax  law,  as  added  by
chapter 860 of the laws of 1987, is amended to read as follows:
  (d) The provisions of this article shall not be applicable to any sale
as  to which the tax imposed by section four hundred seventy-one of this
chapter is not applicable or to a sale to the department of [correction-
al services] CORRECTIONS AND COMMUNITY SUPERVISION  of  this  state  for
sale to or use by inmates in institutions under the jurisdiction of such
department.
  S  169.  Subdivision  (c)  of section 1846 of the tax law, as added by
chapter 65 of the laws of 1985, is amended to read as follows:

S. 2812                            237                           A. 4012

  (c) In the alternative, if the tax commission concludes that any ciga-
rettes seized pursuant to this section, when  offered  at  public  sale,
will  bring  a  price less than the reasonably estimated price which the
department of [correctional services] CORRECTIONS AND  COMMUNITY  SUPER-
VISION would have to pay for the purchase of such cigarettes for sale to
or use by inmates in institutions under the jurisdiction of such depart-
ment,  the tax commission may dispose of such cigarettes by transferring
them to the department of [correctional services] CORRECTIONS AND COMMU-
NITY SUPERVISION for sale to or use by inmates in such institutions.
  S 170. Subdivision (c) of section 1846-a of the tax law, as  added  by
chapter 61 of the laws of 1989, is amended to read as follows:
  (c) In the alternative, if the commissioner concludes that any tobacco
products  seized  pursuant to this section, when offered at public sale,
will bring a price less than the reasonably estimated  price  which  the
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION would have to pay for the purchase of such tobacco  products  for
sale to or use by inmates in institutions under the jurisdiction of such
department,  the  commissioner  may  dispose of such tobacco products by
transferring  them  to  the  department   of   [correctional   services]
CORRECTIONS  AND  COMMUNITY SUPERVISION for sale to or use by inmates in
such institutions.
  S 171. Section 25-a of the town law, as added by chapter  295  of  the
laws of 1949, is amended to read as follows:
  S  25-a. Fingerprints of persons before appointment as town policemen,
or as constables possessing powers in criminal matters. No person  shall
be  appointed  or  reappointed  a  member of the police department, or a
special policeman, or a constable not limited to powers  and  duties  in
civil actions and proceedings only, in any town, who shall not previous-
ly,  for  the  purposes of this section, have submitted fingerprints [of
his two hands] IN THE FORM AND MANNER  PRESCRIBED  BY  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES to the town board or other board or officer of
the town empowered by law to make such appointment or reappointment, and
it  shall  be  the  duty  of  such  board or officer, before making such
appointment or reappointment, to compare or cause to  be  compared  such
fingerprints  with  fingerprints  filed  with  the  division of criminal
[identification of the state department of correction] JUSTICE SERVICES;
provided, however, that in any case where the fingerprints of  any  such
person  shall  once have been submitted pursuant to this section and are
on file with the board empowered to make the appointment  or  reappoint-
ment,  no new submission thereof shall be required, nor shall such board
be required to make or cause to be made such comparison if such  compar-
ison  shall  have  been  made  previously  pursuant  to this section and
certification thereof by such department is on file with such board.
  S 172. Section 109-a of the vehicle and traffic  law,  as  amended  by
chapter 370 of the laws of 2000, is amended to read as follows:
  S 109-a. Correction vehicle. Every vehicle operated in the city of New
York by the New York city department of correction or the New York state
department  of  [correctional services] CORRECTIONS AND COMMUNITY SUPER-
VISION while engaged in an emergency operation.
  S 173. Subdivision 3 of section 10 of the workers'  compensation  law,
as  amended  by  chapter  244 of the laws of 2002, is amended to read as
follows:
  3. Notwithstanding any other  provisions  of  this  chapter,  where  a
public  safety worker, including but not limited to a firefighter, emer-
gency medical technician, police officer, correction  officer,  civilian
employee  of  the department of corrections AND COMMUNITY SUPERVISION or

S. 2812                            238                           A. 4012

other person employed by the state to work within a correctional facili-
ty maintained by the department of [correctional  services]  CORRECTIONS
AND COMMUNITY SUPERVISION, driver and medical observer, in the course of
performing  his  or  her duties, is exposed to the blood or other bodily
fluids of another individual or individuals, the  executive  officer  of
the  appropriate  ambulance,  fire or police district may authorize such
public safety worker to obtain the care and treatment, including diagno-
sis, recommended medicine and other medical  care  needed  to  ascertain
whether  such  individual  was exposed to or contracted any communicable
disease and such care and treatment shall be the responsibility  of  the
insurance  carrier of the appropriate ambulance, fire or police district
or, if a public safety worker was  not  so  exposed  in  the  course  of
performing his or her duties for such a district, then such person shall
be  covered  for  the  treatment provided for in this subdivision by the
carrier of his or her employer when such person is acting in  the  scope
of  his or her employment. For the purpose of this subdivision, the term
"public safety worker" shall include persons who act for payment or  who
act  as  volunteers in an organized group such as a rescue squad, police
department, correctional facility, ambulance corps, fire department,  or
fire company.
  S 174. This act shall take effect immediately, provided that:
  1.  the  amendments  to  section  72-a  of  the correction law made by
section seven of this act  shall  not  affect  the  expiration  of  such
section and shall expire and be deemed repealed therewith;
  2.  the amendments to section 91 of the correction law made by section
ten of this act shall take effect on the same date as the  reversion  of
such  section  as  provided  in section 8 of part H of chapter 56 of the
laws of 2009, as amended;
  3. the amendments to section 92 of the correction law made by  section
eleven  of  this act shall take effect on the dame date as the reversion
of such section as provided in section 8 of part H of chapter 56 of  the
laws of 2009, as amended;
  4.  the  amendments  to  section  140-a  of the correction law made by
section sixteen of this act shall not affect the repeal of such  section
and shall be deemed repealed therewith;
  5. the amendments to section 803 of the correction law made by section
thirty-seven  of  this  act  shall  be subject to the expiration of such
section and shall expire and be deemed repealed therewith;
  6. the amendments to section 803 of the correction law made by section
thirty-eight of this act shall take effect  on  the  same  date  as  the
reversion  of such section as provided in section 74 of chapter 3 of the
laws of 1995, as amended;
  7. the amendments to section 806 of the correction law made by section
forty of this act shall not affect the repeal of such section and  shall
expire and be deemed repealed therewith;
  8.  the  amendments  to subdivision 1 of section 851 of the correction
law made by section forty-one of this act shall be subject to the  expi-
ration  and reversion of such subdivision pursuant to section 5 of chap-
ter 554 of the laws of  1986,  as  amended,  when  upon  such  date  the
provisions of section forty-one-a of this act shall take effect;
  9.  the  amendments  to subdivision 1 of section 851 of the correction
law made by section forty-one-a of this act  shall  be  subject  to  the
expiration  and  reversion of such subdivision pursuant to section 10 of
chapter 339 of the laws of 1972, as amended, when  upon  such  date  the
provisions of section forty-one-b of this act shall take effect;

S. 2812                            239                           A. 4012

  10.  the  amendments  to  the  closing  paragraph  of subdivision 2 of
section 851 of the correction law made by section forty-two of this  act
shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to section 46 of chapter 60 of the laws of  1994,  as  amended,
when  upon  such  date the provisions of section forty-three of this act
shall take effect;
  10-a. the amendments to subdivision 5 of section 851 of the correction
law made by section forty-three-a of this act shall take effect upon the
expirations of section 42 of chapter 60 of the laws of 1994, section  10
of  chapter 339 of the laws of 1972 and section 3 of chapter 554 of laws
of 1986;
  11. the amendments to subdivision 5 of section 852 of  the  correction
law  made by section forty-four of this act shall not affect the expira-
tion and reversion of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  12.  the  amendments to subdivision 2 of section 852 of the correction
law made by section forty-five of this act shall take effect on the same
date as the reversion of such section as provided in section 10 of chap-
ter 339 of the laws of 1972, as amended;
  13. the amendments to subdivision 2 of section 854 of  the  correction
law  made by section forty-six of this act shall take effect on the same
date as the reversion of section 856 as provided in section 10 of  chap-
ter 339 of the laws of 1972, as amended;
  14.  the  amendments to subdivision 6 of section 855 of the correction
law made by section forty-seven of this act  shall  be  subject  to  the
expiration and reversion of such section pursuant to section 10 of chap-
ter  339  of  the  laws  of  1972,  as  amended, when upon such date the
provisions of section forty-eight of this act shall take effect;
  15. the amendments to subdivision (f) of section  1101  of  the  civil
practice  law  and rules made by section fifty-one of this act shall not
affect the expiration and reversion of such subdivision and shall expire
and be deemed repealed therewith;
  16. the amendments to subdivisions 2 and 4 of section 209 of the civil
service law made by section sixty-four of this act shall not affect  the
expiration  of such subdivisions and shall expire and be deemed repealed
therewith;
  17. the amendments to subdivision 9 of section  10  of  the  court  of
claims  act made by section sixty-seven of this act shall not affect the
expiration of such subdivision and shall expire and be  deemed  repealed
therewith;
  18.  the  amendments  to  section 410.91 of the criminal procedure law
made by section seventy-six of this act shall not affect the  repeal  of
such section and shall expire and be deemed repealed therewith;
  19.  the  amendments  to subdivisions 2 and 4 of section 430.20 of the
criminal procedure law made by section seventy-seven of this  act  shall
be subject to the expiration and reversion of such subdivisions pursuant
to  section  74  of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section seventy-eight of this act shall take
effect;
  20. the amendments to section 83-m of  the  legislative  law  made  by
section  one hundred eighteen of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith;
  21. the amendments to subdivision 7 of section 70.06 of the penal  law
made  by  section  one hundred twenty-three of this act shall not affect
the repeal of such subdivision and shall expire and be  deemed  repealed
therewith;

S. 2812                            240                           A. 4012

  22.  the  amendments  to  subdivisions 1 and 3 of section 70.20 of the
penal law made by section one hundred twenty-four of this act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section one hundred twenty-five of this act shall
take effect;
  23.  the  amendments  to  the  opening  paragraph  of subdivision 1 of
section 70.30 of the penal law made by section one hundred twenty-six of
this act shall be subject to the expiration and reversion of such  para-
graph  pursuant  to  section  74  of  chapter  3 of the laws of 1995, as
amended, when upon such date the provisions of section one hundred twen-
ty-seven of this act shall take effect;
  24. the amendments to subdivision 7 of section 70.30 of the penal  law
made  by section one hundred twenty-six of this act shall not affect the
expiration of such subdivision and shall expire and be  deemed  repealed
therewith;
  25.  the  amendments to section 70.35 of the penal law made by section
one hundred twenty-seven-a of this act shall be subject to  the  expira-
tion  and  reversion of such section pursuant to section 74 of chapter 3
of the laws of 1995, as amended, when upon such date the  provisions  of
section one hundred twenty-seven-b of this act shall take effect;
  26.  the amendments to paragraph (a) of subdivision 1 of section 70.40
of the penal law made by section one hundred twenty-seven-c of this  act
shall be subject to the expiration and reversion of such paragraph, when
upon  such  date the provisions of section one hundred twenty-seven-d of
this act shall take effect;
  27. the amendments to paragraph (b) of subdivision 1 of section  70.40
of  the  penal  law made by section one hundred twenty-seven-d-1 of this
act shall be subject to the expiration and reversion of  such  paragraph
pursuant  to  section  74  of chapter 3 of the laws of 1995, as amended,
when upon such date the provisions of section one hundred twenty-seven-e
of this act shall take effect;
  29. the amendments to paragraph (c) of subdivision 1 of section  70.40
of  the penal law made by section one hundred twenty-seven-f of this act
shall not affect the repeal of such paragraph and shall  expire  and  be
deemed repealed therewith;
  30.  the amendments to subdivision 1 of section 85.15 of the penal law
made by section one hundred twenty-seven-1 of this act shall be  subject
to  the expiration and reversion of such subdivision pursuant to section
74 of chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section one hundred twenty-seven-m of this act shall  take
effect;
  31.  the amendments to section 205.17 of the penal law made by section
one hundred twenty-seven-n of this act shall not affect  the  expiration
of such section and shall expire therewith;
  32.  the amendments to section 205.19 of the penal law made by section
one hundred twenty-seven-o of this act shall not affect  the  expiration
of such section and shall expire therewith;
  33.  the  amendments  to  subdivision  26 of section 206 of the public
health law made by section one hundred twenty-seven-t of this act  shall
take  effect  on  the  same  date and in the same manner as section 2 of
chapter 419 of the laws of 2009 takes effect;
  34. the amendments to section 99-m of the state finance  law  made  by
section one hundred sixty-one of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith; and

S. 2812                            241                           A. 4012

  35.  the  amendments  to  section 163 of the state finance law made by
section one hundred sixty-five of this act shall not affect  the  repeal
of such section and shall expire and be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART D

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 44 to read as follows:
  S 44. TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS OF THE NEW YORK  STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  1. ECONOMIC DEVELOP-
MENT  EFFICIENCY. IN ORDER TO PROMOTE ECONOMIC DEVELOPMENT EFFICIENCY IN
THE STATE OF NEW YORK, THE TRANSFER OF POWERS, FUNCTIONS AND AFFAIRS  OF
THE  NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION TO
THE CORPORATION IS HEREBY AUTHORIZED.
  2. TRANSFER OF POWERS OF THE NEW YORK STATE  FOUNDATION  FOR  SCIENCE,
TECHNOLOGY AND INNOVATION. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL
OF  THE  OBLIGATIONS  AND  DUTIES  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, AS ESTABLISHED PURSUANT  TO  ARTICLE
10-A OF THE PUBLIC AUTHORITIES LAW AND ARTICLE 10-B OF THE EXECUTIVE LAW
SHALL  BE TRANSFERRED AND ASSIGNED TO, AND ASSUMED BY AND DEVOLVED UPON,
THE CORPORATION. NOTWITHSTANDING THE FOREGOING, ANY  PROGRAMS  SPECIFIED
IN  LAW TO BE ADMINISTERED BY THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION SHALL BE ADMINISTERED BY THE CORPORATION  ONLY
TO THE EXTENT OF AVAILABLE APPROPRIATIONS.
  3.  ABOLITION OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION  TWO  OF  THIS
SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND  INNOVATION,  AS ESTABLISHED PURSUANT TO ARTICLE 10-A OF THE
PUBLIC AUTHORITIES LAW AND ARTICLE 10-B OF THE EXECUTIVE  LAW,  THE  NEW
YORK  STATE  FOUNDATION  FOR SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE
ABOLISHED.
  4. CONTINUITY OF AUTHORITY  OF  THE  NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE, TECHNOLOGY AND INNOVATION. EXCEPT AS HEREIN OTHERWISE PROVIDED,
UPON  THE  TRANSFER  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION OF THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES
OF  THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION
AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND  THE
PUBLIC  AUTHORITIES  LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO OF THIS SECTION FOR THE PURPOSE  OF  SUCCESSION  OF  ALL  FUNCTIONS,
POWERS,  DUTIES  AND  OBLIGATIONS  OF  THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, THE CORPORATION SHALL BE  DEEMED  TO

S. 2812                            242                           A. 4012

AND  BE  HELD  TO CONSTITUTE THE CONTINUATION OF SUCH FUNCTIONS, POWERS,
DUTIES AND OBLIGATIONS AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  5.  TRANSFER  OF RECORDS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION. UPON THE TRANSFER PURSUANT TO SECTION TWO  OF
THIS  ACT  OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE
EXECUTIVE LAW AND THE PUBLIC  AUTHORITIES  LAW  TO  THE  CORPORATION  AS
PRESCRIBED  BY  SUBDIVISION  TWO  OF  THIS  SECTION,  ALL BOOKS, PAPERS,
RECORDS AND PROPERTY PERTAINING TO THE NEW  YORK  STATE  FOUNDATION  FOR
SCIENCE,  TECHNOLOGY  AND  INNOVATION  SHALL BE TRANSFERRED TO AND MAIN-
TAINED BY THE CORPORATION.
  6. COMPLETION OF UNFINISHED BUSINESS OF THE NEW YORK STATE  FOUNDATION
FOR  SCIENCE,  TECHNOLOGY  AND INNOVATION. UPON THE TRANSFER PURSUANT TO
SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK  STATE  FOUNDATION
FOR  SCIENCE,  TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH
PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES  LAW  TO  THE
CORPORATION  AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION, ANY BUSI-
NESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE NEW YORK STATE FOUN-
DATION FOR SCIENCE, TECHNOLOGY AND INNOVATION PERTAINING TO OR CONNECTED
WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  SO  TRANSFERRED  AND
ASSIGNED  TO THE CORPORATION MAY BE CONDUCTED OR COMPLETED BY THE CORPO-
RATION.
  7. TERMS OCCURRING  IN  LAWS,  CONTRACTS  OR  OTHER  DOCUMENTS  OF  OR
PERTAINING  TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION. UPON THE  TRANSFER  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR  SCIENCE,  TECH-
NOLOGY  AND INNOVATION AS ESTABLISHED PURSUANT TO SUCH PROVISIONS OF THE
EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW AS PRESCRIBED  BY  SUBDIVI-
SION  TWO  OF  THIS  SECTION, WHENEVER THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION AND THE EXECUTIVE  DIRECTOR  THEREOF,
THE  FUNCTIONS,  POWERS, OBLIGATIONS AND DUTIES OF WHICH ARE TRANSFERRED
TO THE CORPORATION ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR
DOCUMENT PERTAINING TO THE FUNCTIONS,  POWERS,  OBLIGATIONS  AND  DUTIES
TRANSFERRED  AND  ASSIGNED  PURSUANT  TO THIS SECTION, SUCH REFERENCE OR
DESIGNATION SHALL BE DEEMED TO REFER TO THE CORPORATION  AND  ITS  CHIEF
EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
  8. EXISTING RIGHTS AND REMEDIES OF OR PERTAINING TO THE NEW YORK STATE
FOUNDATION  FOR  SCIENCE, TECHNOLOGY AND INNOVATION PRESERVED.  UPON THE
TRANSFER PURSUANT TO SUBDIVISION TWO OF THIS SECTION  OF  THE  FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES  LAW  TO
THE  CORPORATION  AS  PRESCRIBED  BY SUBDIVISION TWO OF THIS SECTION, NO
EXISTING RIGHT OR REMEDY OF THE STATE,  INCLUDING  THE  NEW  YORK  STATE
FOUNDATION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  SHALL  BE LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
  9. PENDING ACTIONS AND PROCEEDINGS OF OR PERTAINING TO  THE  NEW  YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE TRANS-
FER  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND  DUTIES  OF  THE  NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO SUCH PROVISIONS  OF  THE  EXECUTIVE  LAW  AND  PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION

S. 2812                            243                           A. 4012

TWO  OF  THIS  SECTION, NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE
DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE NEW YORK  STATE  FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR EXECUTIVE DIRECTOR THERE-
OF  SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION, BUT THE SAME MAY
BE PROSECUTED OR DEFENDED IN THE NAME OF THE CORPORATION.  IN  ALL  SUCH
ACTIONS AND PROCEEDINGS, THE CORPORATION, UPON APPLICATION TO THE COURT,
SHALL BE SUBSTITUTED AS A PARTY.
  10.  CONTINUATION OF RULES AND REGULATIONS OF OR PERTAINING TO THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION.  UPON  THE
TRANSFER  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL THE OBLIGATIONS AND DUTIES  OF  THE  NEW
YORK  STATE  FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO SUCH PROVISIONS OF THE EXECUTIVE LAW AND  THE  PUBLIC
AUTHORITIES LAW TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION
TWO  OF  THIS  SECTION, ALL RULES, REGULATIONS, ACTS, DETERMINATIONS AND
DECISIONS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,  TECHNOLOGY  AND
INNOVATION, PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS
SECTION  TO  THE  CORPORATION  IN  FORCE  AT  THE TIME OF SUCH TRANSFER,
ASSIGNMENT, ASSUMPTION AND DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT
AS RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE  CORPO-
RATION UNTIL DULY MODIFIED OR REPEALED.
  11.  TRANSFER  OF APPROPRIATIONS HERETOFORE MADE TO THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND  INNOVATION.  UPON  THE  TRANSFER
PURSUANT  TO SUBDIVISION TWO OF THIS SECTION OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED  PURSU-
ANT  TO  SUCH PROVISIONS OF THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES
LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION,
ALL APPROPRIATIONS AND  REAPPROPRIATIONS  WHICH  SHALL  HAVE  BEEN  MADE
AVAILABLE  AS OF THE DATE OF SUCH TRANSFER TO THE NEW YORK STATE FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR  SEGREGATED  PURSUANT  TO
LAW,  TO  THE  EXTENT  OF  REMAINING UNEXPENDED OR UNENCUMBERED BALANCES
THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED OR UNOB-
LIGATED, SHALL BE TRANSFERRED TO AND MADE AVAILABLE FOR USE AND EXPENDI-
TURE BY THE CORPORATION AND SHALL BE PAYABLE ON  VOUCHERS  CERTIFIED  OR
APPROVED  BY  THE  COMMISSIONER  OF  TAXATION  AND FINANCE, ON AUDIT AND
WARRANT OF THE COMPTROLLER.   PAYMENTS OF LIABILITIES  FOR  EXPENSES  OF
PERSONAL  SERVICES,  MAINTENANCE  AND  OPERATION  WHICH  SHALL HAVE BEEN
INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE NEW YORK  STATE  FOUNDA-
TION  FOR  SCIENCE,  TECHNOLOGY  AND  INNOVATION,  AND  FOR  LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE MADE
ON VOUCHERS CERTIFIED OR APPROVED BY THE PRESIDENT OF  THE  CORPORATION,
ON AUDIT AND WARRANT OF THE COMPTROLLER.
  12.  SEVERABILITY.  IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS
SECTION SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION  TO  BE
INVALID,  SUCH  JUDGMENT  SHALL  NOT  AFFECT,  IMPAIR  OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S 2. Sections  3151  and  3152  of  the  public  authorities  law  are
REPEALED.
  S  3.    This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,

S. 2812                            244                           A. 4012

impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.

S2812A - Bill Details

See Assembly Version of this Bill:
A4012C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2812A - Bill Texts

view summary

Enacts the financial services act as a new consolidated chapter; repeals certain provisions of the banking, executive and general business law; amends the correction law and the executive law to merge the department of correctional services and division of parole into the department of corrections and community supervision; eliminates the New York state foundation for science, technology and innovation and transfers the functions thereof to the NYS urban development corporation; amends the executive law relating to gubernatorial reorganization of governmental agencies and functions; amends the legislative law relating to formulation of a concurrent resolution.

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convicted of no other  felony  offense,  who  has  not  previously  been
convicted of either a violent felony offense as defined in section 70.02
of  this  article, a class A felony offense or a class B felony offense,
and is not under the jurisdiction of or awaiting delivery to the depart-
ment of [correctional services] CORRECTIONS AND  COMMUNITY  SUPERVISION,
the  court  may direct that such sentence be executed as a parole super-
vision sentence as defined in and pursuant to the procedures  prescribed
in section 410.91 of the criminal procedure law.
  S  124.  Section  70.20 of the penal law, as amended by chapter 303 of
the laws of 1981, subdivision 1 as separately amended by chapters 3  and
516 of the laws of 1995, paragraphs (b), (c), (d) and (e) of subdivision
1  as added by chapter 516 of the laws of 1995, subdivision 2-a as added
by chapter 1 of the laws of 1995, subdivision 3 as amended by chapter  3
of the laws of 1995, subdivision 4 as amended by chapter 479 of the laws
of 1992, paragraph (a) of subdivision 4 as separately amended by chapter
465  of  the laws of 1992 and paragraphs (d) and (e) of subdivision 4 as
relettered and subdivision 5 as designated by chapter 516 of the laws of
1995, is amended to read as follows:
S 70.20 Place of imprisonment.
  1. (a) Indeterminate or determinate sentence. Except  as  provided  in
subdivision  four  of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the  defend-
ant  to  the  custody of the state department of [correctional services]
CORRECTIONS AND COMMUNITY  SUPERVISION  for  the  term  of  his  or  her
sentence and until released in accordance with the law; provided, howev-
er,  that a defendant sentenced pursuant to subdivision seven of section
70.06 shall be committed to the  custody  of  the  state  department  of
[correctional  services] CORRECTIONS AND COMMUNITY SUPERVISION for imme-
diate delivery to a reception center operated by the department.
  (b) The court in committing a defendant who is not yet eighteen  years
of  age  to  the  department  of [correctional services] CORRECTIONS AND
COMMUNITY SUPERVISION shall inquire as to whether the parents  or  legal
guardian  of  the  defendant,  if  present,  will grant to the minor the
capacity to  consent  to  routine  medical,  dental  and  mental  health
services and treatment.
  (c) Notwithstanding paragraph (b) of this subdivision, where the court
commits  a defendant who is not yet eighteen years of age to the custody
of the department of [correctional services] CORRECTIONS  AND  COMMUNITY
SUPERVISION  in  accordance with this section and no medical consent has
been obtained prior to said commitment, the commitment  order  shall  be
deemed  to  grant the capacity to consent to routine medical, dental and
mental health services and treatment to the person so committed.
  (d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of  age  from  making  a
motion   on   notice   to  the  department  of  [correctional  services]
CORRECTIONS AND COMMUNITY SUPERVISION pursuant to article twenty-two  of
the  civil  practice  law and rules and section one hundred forty of the

S. 2812--A                         201                        A. 4012--A

correction law, objecting to routine medical, dental  or  mental  health
services   and  treatment  being  provided  to  such  inmate  under  the
provisions of paragraph (b) of this subdivision.
  (e)  Nothing  in  this  section shall require that consent be obtained
from the parent or legal guardian, where  no  consent  is  necessary  or
where  the  defendant  is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.
  2. Definite sentence. Except as provided in subdivision four  of  this
section,  when a definite sentence of imprisonment is imposed, the court
shall commit the defendant to the county or regional correctional insti-
tution for the term of his sentence and  until  released  in  accordance
with the law.
  2-a.  Sentence of life imprisonment without parole. When a sentence of
life imprisonment without parole is imposed, the court shall commit  the
defendant  to  the  custody  of  the  state  department of [correctional
services] CORRECTIONS AND COMMUNITY SUPERVISION for the remainder of the
life of the defendant.
  3. Undischarged imprisonment in other jurisdiction. When  a  defendant
who  is  subject  to  an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction,  is  sentenced  to  an
additional term or terms of imprisonment by a court of this state to run
concurrently  with  such  undischarged  term, as provided in subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment for such portion of the term or terms of the  sentence  imposed  by
the  court of this state as shall not exceed the said undischarged term.
The defendant shall be committed to the custody of the state  department
of  [correctional services] CORRECTIONS AND COMMUNITY SUPERVISION if the
additional term or terms are indeterminate  or  determinate  or  to  the
appropriate county or regional correctional institution if the said term
or  terms  are  definite  for  such  portion of the term or terms of the
sentence imposed  as  shall  exceed  such  undischarged  term  or  until
released  in  accordance  with  law.  If  such  additional term or terms
imposed shall run consecutively  to  the  said  undischarged  term,  the
defendant  shall be committed as provided in subdivisions one and two of
this section.
  4. (a) Notwithstanding any other provision of law to the  contrary,  a
juvenile  offender, or a juvenile offender who is adjudicated a youthful
offender and given an indeterminate or a  definite  sentence,  shall  be
committed   to  the  custody  of  the  [director  of  the  division  for
youth]COMMISSIONER OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  who
shall  arrange for the confinement of such offender in secure facilities
of the [division] OFFICE.   The release or transfer  of  such  offenders
from  the  [division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES
shall be governed by section five hundred eight of the executive law.
  (b) The court in committing a juvenile offender and youthful  offender
to the custody of the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  shall  inquire  as to whether the parents or