S T A T E   O F   N E W   Y O R K
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                                  6009

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced by M. of A. GIGLIO, FINCH, MONTESANO -- Multi-Sponsored by --
  M.  of A. PALMESANO, TENNEY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to  establishment  of  a
  staffing plan for all uniformed and non-uniformed employees at correc-
  tional facilities

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

  Section 1. Section 112 of the correction law, as amended by section 19
of subpart A of part C of chapter 62 of the laws of 2011, is amended  to
read as follows:
  S  112.  Powers  and  duties  of commissioner relating to correctional
facilities  and  community  supervision.   1.   The   commissioner   [of
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 RESPONSIBILITY TO ENSURE THAT ADEQUATE STAFFING
EXISTS AT EVERY CORRECTIONAL FACILITY PURSUANT  TO  SUBDIVISION  TWO  OF
THIS  SECTION. He or she shall have the power and it shall be his or her
duty to inquire into all matters connected with said correctional facil-
ities. 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  facilities,  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  super-
intendent  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07815-01-3
              

A. 6009                             2

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  persons
released  on  community  supervision and of all matters relating to such
persons' effective reentry into the community, 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 in conflict with the statutes of this  state,  for  the
governance  of  the  officers  and  other  employees  of  the department
assigned to said community 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 commissioner shall appoint officers and other
employees of the department who are assigned to perform community super-
vision.]  THE  COMMISSIONER  SHALL  ESTABLISH  A  STAFFING  PLAN FOR ALL
UNIFORMED AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO  UNIFORMED  STAFF,
THE  COMMISSIONER  SHALL  ESTABLISH A STAFFING PLAN WHICH SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE NUMBER OF TOTAL SECURITY POSTS THAT  MUST  BE
STAFFED BY CORRECTION OFFICERS AND CORRECTIONAL SERGEANTS BY CORRECTION-
AL FACILITY. THESE POSTS SHALL BE DELINEATED BY THOSE THAT ARE NECESSARY
FIVE  DAYS  PER  WEEK  AND  SEVEN DAYS PER WEEK. THE STAFFING PLAN SHALL
REQUIRE THAT EVERY POST BE STAFFED USING A RATIO OF 1.8 CORRECTION OFFI-
CERS FOR EVERY SEVEN DAY POST AND A RATIO OF  1.25  CORRECTION  OFFICERS
FOR  EACH  FIVE  DAY POST. THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH
STAFFING PLAN TO THE CHAIRS OF THE SENATE FINANCE, SENATE CRIME VICTIMS,
CRIME AND CORRECTION, ASSEMBLY WAYS AND MEANS  AND  ASSEMBLY  CORRECTION
COMMITTEES BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT SHALL ALSO
PROVIDE  DETAILED INFORMATION REGARDING HOW THE STAFFING PLAN WAS IMPLE-
MENTED DURING THE CURRENT FISCAL YEAR.  THIS INFORMATION SHALL  INCLUDE:
(A)  THE  NUMBER  OF  CORRECTION  OFFICERS AND SERGEANTS BY CORRECTIONAL
FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF
CORRECTION OFFICERS AND SERGEANTS THAT WERE  AVAILABLE  BY  CORRECTIONAL
FACILITY  DURING  THE  CURRENT FISCAL YEAR.  IN THE EVENT THE DEPARTMENT
DEVIATED FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE  DETAILS
ON  WHY  THE  STAFFING  PLAN WAS NOT IMPLEMENTED AS REQUIRED PURSUANT TO
THIS SECTION; (B) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN  FOR
EACH  FACILITY  THAT  HAVE BEEN CLOSED ON A DAILY BASIS, BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM); (C)  THE
NUMBER OF SECURITY POSITIONS NOT FILLED AND THOSE ELIMINATED, BY CORREC-
TIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE NUMBER OF INMATES
INCARCERATED  IN EACH SUCH FACILITY; AND (D) A BREAKDOWN BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM, AND MAXIMUM)  OF  THE
STAFF  HOURS  OF OVERTIME WORKED, BY YEAR SINCE TWO THOUSAND ONE AND THE
ANNUAL AGGREGATE COSTS RELATED  TO  THIS  OVERTIME.  IN  ADDITION,  SUCH
REPORT SHALL BE DELINEATED BY CORRECTIONAL FACILITY SECURITY CLASSIFICA-
TION,  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 WHICH RESULTED.

A. 6009                             3

  3. The commissioner may require reports from the superintendent or any
other officer or employee of the department assigned to any correctional
facility  or  to perform community supervision 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 supervision, 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.
  4. The commissioner and the chair  of  the  parole  board  shall  work
jointly  to  develop  and  implement, as soon as practicable, a risk and
needs assessment instrument or instruments, which shall  be  empirically
validated,  that  would be administered to inmates upon reception into a
correctional facility, and throughout their incarceration and release to
community supervision, to facilitate appropriate programming both during
an inmate's incarceration and community  supervision,  and  designed  to
facilitate the successful integration of inmates into the community.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.