[ ] is old law to be omitted.
LBD12576-01-1
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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
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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.
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(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
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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
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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.
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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.
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(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
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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
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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.
S. 2812 74 A. 4012
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.
S. 2812 75 A. 4012
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
S. 2812 76 A. 4012
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;
S. 2812 77 A. 4012
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.
S. 2812 153 A. 4012
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:
S. 2812 155 A. 4012
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
S. 2812 161 A. 4012
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
S. 2812 192 A. 4012
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
S. 2812 193 A. 4012
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-
S. 2812 223 A. 4012
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
S. 2812 224 A. 4012
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-
S. 2812 225 A. 4012
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.
S. 2812 226 A. 4012
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
S. 2812 227 A. 4012
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-
S. 2812 229 A. 4012
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
S. 2812 230 A. 4012
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.