S T A T E   O F   N E W   Y O R K
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                                  3582

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of A. AUBRY, WRIGHT, GIBSON, BARRON, PEOPLES-STOKES,
  ZEBROWSKI,  SCARBOROUGH,  BRENNAN,  CLARK,  DESTITO,  DUPREY,   FINCH,
  GIGLIO,   GOTTFRIED,  LUPARDO,  McENENY,  MILLMAN,  MOLINARO,  REILLY,
  SAYWARD, SCHIMEL --  read  once  and  referred  to  the  Committee  on
  Correction

AN  ACT  to  amend  the correction law, in relation to requiring certain
  reports to the legislature regarding correctional facilities

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

  Section  1.  Subdivision  4  of  section  29 of the correction law, as
amended by section 1 of part R of chapter 56 of the  laws  of  2005,  is
amended to read as follows:
  4.  [The] ON OR BEFORE THE FIRST DAY OF FEBRUARY, TWO THOUSAND TWELVE,
AND EVERY YEAR  THEREAFTER,  THE  commissioner  [of  the  department  of
correctional  services] shall provide [an annual] A COMPREHENSIVE report
to  the  legislature  [on  the  staffing  of  correction  officers   and
correction sergeants in state correctional facilities. Such report shall
include,  but  not  be  limited  to the following 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  classifica-
tion  (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 thou-
sand and the annual aggregate costs related to this overtime.  In  addi-
tion,  such report shall be delineated by correctional facility security
classification, the annual number of security positions eliminated,  the
number  of closed posts and amount of staff hours of overtime accrued as
well as the overall overtime expenditures that resulted] EVALUATING  THE
CAPACITY  AND STAFFING OF THE STATE PRISON SYSTEM.  Such report shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04698-01-1
              

A. 3582                             2

provided to the TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE
ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, AND THE chairs of the senate finance, assembly ways and means,
senate  crime  VICTIMS,  CRIME and [corrections] CORRECTION and assembly
correction committees [by  December  thirty-first].  SUCH  REPORT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
  (A)  INFORMATION ON THE STAFFING OF CORRECTION OFFICERS AND CORRECTION
SERGEANTS IN STATE CORRECTIONAL  FACILITIES  INCLUDING:  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 CLASSIFICA-
TION (MINIMUM, MEDIUM AND MAXIMUM); THE  NUMBER  OF  SECURITY  POSITIONS
ELIMINATED BY CORRECTIONAL FACILITY SINCE THE YEAR 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  THE  YEAR
TWO  THOUSAND  AND  THE ANNUAL AGGREGATE COSTS RELATED TO THIS OVERTIME.
THE REPORT SHALL ALSO INCLUDE THE RATIO OF ALL SECURITY STAFF TO INMATES
AT EACH CORRECTIONAL FACILITY. IN ADDITION, SUCH  INFORMATION  SHALL  BE
DELINEATED  BY CORRECTIONAL FACILITY SECURITY CLASSIFICATION, THE ANNUAL
NUMBER OF SECURITY POSITIONS ELIMINATED, THE NUMBER OF CLOSED POSTS  AND
AMOUNT  OF  STAFF HOURS OF OVERTIME ACCRUED AS WELL AS THE OVERALL OVER-
TIME EXPENDITURES THAT RESULTED;
  (B) THE TOTAL NUMBER OF CORRECTIONAL FACILITIES IN OPERATION WHICH ARE
MAINTAINED BY THE DEPARTMENT, THE SECURITY LEVEL OF EACH SUCH  FACILITY,
THE NUMBER OF INMATES AT EACH SUCH FACILITY, THE TOTAL NUMBER OF BEDS AT
EACH  CORRECTIONAL  FACILITY,  AND  THE NUMBER OF EMPTY BEDS, IF ANY, AT
EACH SUCH FACILITY WITH AN EXPLANATION AS TO THE TYPE  OF  BED  THAT  IS
EMPTY.  WHEN  REPORTING  ON THE TOTAL NUMBER OF BEDS AND EMPTY BEDS, THE
COMMISSIONER SHALL DIFFERENTIATE BETWEEN GENERAL  CONFINEMENT  BEDS  AND
OTHER TYPES OF SPECIALIZED OR RESTRICTED BEDS WITHIN THE SYSTEM, INCLUD-
ING  BUT  NOT  LIMITED TO INFIRMARY BEDS, BEDS UTILIZED FOR DISCIPLINARY
PURPOSES, SHOCK INCARCERATION BEDS, WORK RELEASE BEDS,  SUBSTANCE  ABUSE
AND  MENTAL  HEALTH  TREATMENT BEDS AND ANY OTHER TYPE OF SPECIALIZED OR
RESTRICTED BEDS.    THE  COMMISSIONER  SHALL  ALSO  INCLUDE  INFORMATION
REGARDING THE NECESSITY TO MAINTAIN SUCH SPECIALIZED AND RESTRICTED BEDS
TO MEET THE NEEDS OF INMATES AND THE CORRECTIONAL SYSTEM;
  (C)  THE  CURRENT  NUMBER  OF INMATES WITHIN THE PRISON SYSTEM WHO ARE
LIVING IN DOUBLE-BUNKED AND DOUBLE-CELLED CONDITIONS, WITH  AN  EXPLANA-
TION  AS  TO  THE  NUMBER OF INMATES DOUBLE-BUNKED AND DOUBLE-CELLED, IF
ANY, WITHIN MINIMUM SECURITY FACILITIES, MEDIUM SECURITY FACILITIES, AND
MAXIMUM SECURITY FACILITIES. THE COMMISSIONER SHALL PROVIDE AN  EXPLANA-
TION   AS  TO  THE  NUMBER  OF  INMATES,  IF  ANY,  WHO  ARE  LIVING  IN
DOUBLE-BUNKED OR DOUBLE-CELLED CONDITIONS AS  A  RESULT  OF  A  VARIANCE
RECEIVED FROM THE STATE COMMISSION OF CORRECTION ESTABLISHED PURSUANT TO
ARTICLE  THREE  OF  THIS CHAPTER. FOR THE PURPOSES OF THIS PARAGRAPH, AN
INMATE SHALL BE DEEMED TO BE LIVING IN A  DOUBLE-BUNKED  CONDITION  WHEN
HIS  OR  HER  CONFINEMENT  BED  IS  SITUATED  IMMEDIATELY  ABOVE ANOTHER
CONFINEMENT BED OR IMMEDIATELY BELOW ANOTHER CONFINEMENT BED IN A  HOUS-
ING  UNIT  DEFINED  BY  THE STATE COMMISSION OF CORRECTION AS A MULTIPLE
OCCUPANCY HOUSING UNIT AND, AN INMATE SHALL BE DEEMED TO BE LIVING IN  A
DOUBLE-CELLED  CONDITION  WHEN  HIS  OR  HER CONFINEMENT BED IS SITUATED
IMMEDIATELY ABOVE ANOTHER CONFINEMENT BED OR IMMEDIATELY  BELOW  ANOTHER
CONFINEMENT  BED  IN  A  HOUSING UNIT DEFINED BY THE STATE COMMISSION OF
CORRECTION AS EITHER AN INDIVIDUAL OCCUPANCY HOUSING UNIT  OR  A  DOUBLE
OCCUPANCY HOUSING UNIT ORIGINALLY DESIGNED FOR INDIVIDUAL OCCUPANCY.

A. 3582                             3

  S  2.  Section  79-a of the correction law, as amended by section 1 of
part H of chapter 56 of the laws of 2009, is amended to read as follows:
  S 79-a. Closure of correctional facilities; notice. Before the closure
of  any correctional facility,[,] for reasons other than those set forth
in paragraph (a) of subdivision eight  of  section  forty-five  of  this
chapter, the commissioner shall take the following actions:
  1.  confer with the department of civil service, the governor's office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force;
  2. consult with the department of economic development and  any  other
appropriate  state agencies to develop strategies which attempt to mini-
mize the impact of such closures on the local  and  regional  economies;
[and]
  3.  provide  notice  by certified mail to (i) all local governments of
any political subdivision in which the correctional facility is located,
(ii) all employee labor organizations operating within, or  representing
employees  of,  the  correctional  facility,  [and] (iii) managerial and
confidential employees employed within  the  correctional  facility  AND
(IV) THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE  MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
AND THE CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS  AND  MEANS,  SENATE
CRIME  VICTIMS,  CRIME AND CORRECTION AND ASSEMBLY CORRECTION COMMITTEES
at least twelve months prior to any such closure[.]; AND
  4. INCLUDE, WITH THE NOTICE REQUIRED  BY  SUBDIVISION  THREE  OF  THIS
SECTION,  A  REPORT  REGARDING  THE IMPACT OF THE CLOSURE ON INMATES AND
STAFF IN THE STATE PRISON SYSTEM. SUCH REPORT  SHALL  INCLUDE,  BUT  NOT
LIMITED TO, THE FOLLOWING:
  (I) AN EXPLANATION AS TO THE IMPACT OF SUCH CLOSURE ON THE STATE PRIS-
ON  SYSTEM  AS A WHOLE, INCLUDING THE IMPACT, IF ANY, ON INMATE SECURITY
LEVEL CLASSIFICATION, THE CHANGE, IF ANY, THAT WILL RESULT IN THE  RATIO
OF  INMATES  TO  CORRECTIONAL STAFF, BOTH WITHIN INDIVIDUAL CORRECTIONAL
FACILITIES AND WITHIN THE STATE PRISON SYSTEM AS  A  WHOLE,  THE  CHANGE
THAT WILL RESULT IN THE BED CAPACITY WITHIN THE STATE PRISON SYSTEM AS A
WHOLE  AND  WITHIN  THE MINIMUM SECURITY CORRECTIONAL FACILITIES, MEDIUM
SECURITY  CORRECTIONAL  FACILITIES  AND  MAXIMUM  SECURITY  CORRECTIONAL
FACILITIES, RESPECTIVELY;
  (II)  AN  EXPLANATION AS TO THE IMPACT OF SUCH CLOSURE ON EMPLOYEES OF
THE DEPARTMENT WHO WILL BE AFFECTED, INCLUDING  INFORMATION  AS  TO  THE
NUMBER OF EMPLOYEES WHO WILL HAVE NEW WORK LOCATIONS AND THE EFFORTS, IF
ANY,  UNDERTAKEN  BY  THE  DEPARTMENT  TO MINIMIZE THE RELOCATION OF ANY
EMPLOYEES; AND
  (III) AN EXPLANATION AS TO THE NUMBER AND TYPES OF  PROGRAMS  AND  THE
AVAILABILITY OF PROGRAMS, IF ANY, THAT WILL BE IMPACTED BY SUCH CLOSURE,
INCLUDING  PROGRAMS  DESIGNED  TO  PROMOTE THE SUCCESSFUL AND PRODUCTIVE
REENTRY AND REINTEGRATION INTO SOCIETY OF  INMATES  UPON  THEIR  RELEASE
FROM THE CUSTODY OF THE DEPARTMENT.
  S 3. This act shall take effect immediately.