S T A T E O F N E W Y O R K
________________________________________________________________________
703
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SAYWARD, CALHOUN, KOLB, DUPREY -- Multi-Sponsored
by -- M. of A. BURLING, CROUCH, FITZPATRICK, McDONOUGH, MOLINARO --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to appropriation of funds
for legal services for inmate lawsuits and to amend the correction
law, in relation to the functions, powers and duties of the citizen's
policy and complaint review council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-s
to read as follows:
S 837-S. APPROPRIATION FOR LEGAL SERVICES PROVIDERS TO INMATES; PROHI-
BITIONS. 1. FOR THE PURPOSES OF THIS SECTION THE TERM "LEGAL SERVICES
PROVIDER" SHALL MEAN A PRIVATE, NON-PROFIT ORGANIZATION INCORPORATED AND
OPERATING EXCLUSIVELY IN NEW YORK STATE, THE PRIMARY FUNCTION AND
PURPOSE OF WHICH IS TO PROVIDE LEGAL SERVICES WITHOUT CHARGE TO AN
INMATE OR INMATES OF A CORRECTIONAL FACILITY.
2. NO APPROPRIATION OF STATE FUNDS SHALL BE USED FOR LEGAL SERVICES
FURNISHED TO AN INMATE OF A CORRECTIONAL FACILITY BY A LEGAL SERVICES
PROVIDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION FOR THE FOLLOWING
PURPOSES:
(A) TO INITIATE OR PARTICIPATE IN A CLASS ACTION SUIT WHICH IS DEEMED
FRIVOLOUS PURSUANT TO A FINDING OF THE CITIZEN'S POLICY AND COMPLAINT
REVIEW COUNCIL AUTHORIZED PURSUANT TO PARAGRAPH ONE-A OF SUBDIVISION (B)
OF SECTION FORTY-TWO OF THE CORRECTION LAW;
(B) TO ATTEMPT TO INFLUENCE THE PASSAGE OR DEFEAT OF LEGISLATION, A
CONSTITUTIONAL AMENDMENT, A REFERENDUM, AN INITIATIVE, OR SIMILAR PROCE-
DURE OF CONGRESS, A STATE, OR A LOCAL LEGISLATIVE BODY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01300-01-1
A. 703 2
(C) TO ATTEMPT TO INFLUENCE THE ISSUANCE, AMENDMENT, OR REVOCATION OF
AN EXECUTIVE ORDER, REGULATION, OR OTHER STATEMENT OF GENERAL APPLICA-
BILITY AND FUTURE EFFECT BY A FEDERAL, STATE OR LOCAL AGENCY;
(D) TO ATTEMPT TO INFLUENCE AN ADJUDICATORY PROCEEDING OF A FEDERAL,
STATE OR LOCAL AGENCY IF SUCH PART OF THE PROCEEDING IS DESIGNED FOR THE
FORMULATION OR MODIFICATION OF AN AGENCY POLICY OF GENERAL APPLICABILITY
AND FUTURE EFFECT; AND
(E) TO ATTEMPT TO ADVOCATE A PARTICULAR PUBLIC POLICY OR ENCOURAGE A
POLITICAL ACTIVITY OR A DEMONSTRATION, INCLUDING THE DISSEMINATION OF
INFORMATION ABOUT SUCH A POLICY OR ACTIVITY.
S 2. Subdivision (b) of section 42 of the correction law is amended by
adding a new paragraph 1-a to read as follows:
1-A. (I) TO REVIEW AND DETERMINE WHETHER A CLASS ACTION SUIT INITIATED
BY AN INMATE OR INMATES OF A CORRECTIONAL FACILITY IS FRIVOLOUS, PRIOR
TO ITS SUBMISSION TO A LEGAL SERVICES PROVIDER AS DEFINED IN SUBDIVISION
ONE OF SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECUTIVE LAW.
(II) IN DETERMINING WHETHER A CLASS ACTION SUIT INITIATED BY AN INMATE
OR INMATES OF A CORRECTIONAL FACILITY IS FRIVOLOUS, THE COUNCIL SHALL
CONSIDER WHETHER:
(A) THE CLAIM'S REALISTIC CHANCE OF ULTIMATE SUCCESS IS SLIGHT; OR
(B) THE CLAIM HAS NO ARGUABLE BASIS IN LAW OR FACT; OR
(C) IT IS CLEAR THAT THE PARTY OR PARTIES CANNOT PROVE FACTS IN
SUPPORT OF THE CLAIM; OR
(D) THE CLAIM IS SUBSTANTIALLY SIMILAR TO A PREVIOUS CLAIM MADE BY THE
INMATE BECAUSE THE CLAIM ARISES FROM THE SAME OPERATIVE FACTS.
(III) A DETERMINATION MADE BY THE COUNCIL IS REVIEWABLE PURSUANT TO AN
ARTICLE SEVENTY-EIGHT PROCEEDING UNDER THE CIVIL PRACTICE LAW AND RULES
COMMENCED BY THE LITIGANT.
S 3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.