senate Bill S4343A

Signed By Governor
2013-2014 Legislative Session

Adds a licensed health care professional to the organization of the citizen's policy and complaint review council

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.139
Jul 11, 2014 delivered to governor
Apr 30, 2014 returned to senate
passed assembly
ordered to third reading cal.582
substituted for a9166
Mar 27, 2014 referred to correction
delivered to assembly
passed senate
Mar 10, 2014 amended on third reading 4343a
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.199
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
May 22, 2013 referred to correction
delivered to assembly
passed senate
May 21, 2013 ordered to third reading cal.738
committee discharged and committed to rules
Mar 21, 2013 referred to crime victims, crime and correction

Votes

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Feb 27, 2014 - Crime Victims, Crime and Correction committee Vote

S4343
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 21, 2013 - Rules committee Vote

S4343
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S4343 - Bill Details

See Assembly Version of this Bill:
A9166
Law Section:
Correction Law
Laws Affected:
Amd §42, Cor L

S4343 - Bill Texts

view summary

Adds a licensed health care professional to the organization of the citizen's policy and complaint review council.

view sponsor memo
BILL NUMBER:S4343

TITLE OF BILL: An act to amend the correction law, in relation to the
organization of the citizen's policy and complaint review council

Purpose of Bill: This bill would amend the Correction Law to update
the membership of the Citizen's Policy and Complaint Review Council
(CPCRC or Council).

Summary of Provisions:

Section one of the bill would amend Correction Law § 42(a)(1) to
update the membership of the CPCRC by: (1) allowing a veteran of any
foreign war, conflict or military occupation to serve on the Council;
and (2) requiring a licensed health care professional to serve on the
Council.

Section two of the bill provides that the bill would take effect
immediately.

Existing Law: Correction Law § 42(a)(1) creates the CPCRC within the
State Commission of Correction (SCOC or Commission). This is a
nine-member Council, which is required to meet at least once per
month, and whose members serve without compensation (except for
reimbursement for their actual and necessary expenses in performing
their duties). The Council is responsible for reviewing and
investigating complaints and grievances filed by inmates of local
jails, for assisting SCOC in policy development to improve SCOC' s
performance and for promoting research and study of correctional
program development.

Under current law, the nine members of the Council must include: (1) a
veteran who served in Indochina between January 1, 1963 and May 7,
1975 who was discharged under other than dishonorable condition, or a
licensed mental health professional with experience or training in
post-traumatic stress syndrome; (2) an attorney admitted in the State
of New York; (3) a former inmate of a correctional facility; (4) a
former correctional officer; (5) a former resident of a Division for
Youth secure center; and (6) a former employee of a Division for Youth
secure center; and three other persons appointed by the Governor.

Prior Legislative History: This is a new bill.

Statement in Support: The Commission has had difficulty recruiting
two of the categories of members - a Vietnam era veteran and a former
resident of a Division for Youth secure center - who are mandated to
be represented on the Council. As a result, when a vacancy occurs,
these seats often go unfulfilled for extended periods of time.

With respect to a Vietnam era veterans, it is SCOC's experience that
these veterans are of an age when many are retiring and either
relocating from the area or unwilling or unable to take time away from
their families and devote it to the work of the Council. Nonetheless,
the Commission believes that it is important to have a veteran on the
Council. This bill, therefore, would expand the pool of veterans
eligible to serve on the Council, by requiring a veteran of any
foreign war, conflict or military occupation to serve on the Council.


This would have the positive effect of retaining the possibility of
having a Council member with experience in or familiarity with
post-traumatic stress disorder on the Council.

With respect to former residents of Division for Youth secure centers,
the Commission has had difficulty identifying persons who meet this
qualification because the fact that a person was a resident of such a
center is a confidential and privacy protected matter. The Commission
proposes to substitute instead a member who is a licensed health care
professional. This will be a valuable resource to the Council, because
it has experienced a significant increase in the number of health and
mental health care related inmate grievances. Having a health care
professional on the Council will not place Council members in the
difficult position of questioning the actions of a facility health
care official without the benefit of qualified advice.

Budget Implications: None.

Effective Date: This bill would take effect immediately.

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

                                  4343

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN -- (at request of the State Commission of
  Correction) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Crime Victims, Crime and Correction

AN  ACT  to amend the correction law, in relation to the organization 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.  Paragraph  1  of  subdivision  (a)  of  section 42 of the
correction law, as amended by chapter  309  of  the  laws  of  1996,  is
amended to read as follows:
  1.  There  shall  be  within  the  commission  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  Janu-
ary,  nineteen  hundred  sixty-three, to an including the seventh day of
May, nineteen hundred seventy-five] ANY FOREIGN WAR, CONFLICT  OR  MILI-
TARY OCCUPATION, who was discharged therefrom under other than dishonor-
able  conditions, or shall be a duly licensed mental health professional
who has professional experience or training with regard to post-traumat-
ic stress syndrome.  One person so appointed shall be an attorney admit-
ted 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 secure center] HEALTH CARE PROFESSIONAL
DULY LICENSED TO PRACTICE IN THIS STATE. 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  residen-
tial  center  operated  by  [the division] SUCH OFFICE. In addition, 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08987-02-3

S4343A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9166
Law Section:
Correction Law
Laws Affected:
Amd §42, Cor L

S4343A (ACTIVE) - Bill Texts

view summary

Adds a licensed health care professional to the organization of the citizen's policy and complaint review council.

view sponsor memo
BILL NUMBER:S4343A

TITLE OF BILL: An act to amend the correction law, in relation to the
organization of the citizen's policy and complaint review council

PURPOSE:

This bill would amend the correction law to update the membership of
the Citizen's Policy and Complaint Review Council ("CPCRC" or
"Council").

SUMMARY OF PROVISIONS:

Section one of the bill would amend Correction Law § 42(a)(1) to
update the membership of the CPCRC by: (1) allowing a veteran of any
foreign war, conflict, or military occupation to serve on the Council;
and (2) requiring a licensed health care professional to serve on the
Council.

Section two of the bill provides that the bill would take effect
immediately.

EXISTING LAW:

Correction Law § 42(a)(1) creates the CPCRC within the State
Commission of Correction ("SCOC" or "Commission"). This is a
nine-member council, which is required to meet at least once per
month, and whose members serve without compensation (except for
reimbursement for their actual and necessary expenses in performing
their duties). The Council is responsible for reviewing and
investigating complaints and grievances filed by inmates of local
jails, assisting SCOC in policy development to improve SCOC's
performance, and promoting research and study of correctional program
development.

Under current law, the nine members of the Council must include: (1) a
veteran who served in Indochina between January 1, 1963 and May 7,
1975 who was discharged under other than dishonorable condition, or a
licensed mental health professional with experience or training in
post-traumatic stress syndrome; (2) an attorney admitted in the State
of New York; (3) a former inmate of a correctional facility; (4) a
former correctional officer; (5) a former resident of a Division for
Youth secure center; and (6) a former employee of a Division for Youth
secure center; and three other persons appointed by the Governor.

LEGISLATIVE HISTORY:

New bill.

STATEMENT IN SUPPORT:

The Commission has had difficulty recruiting two of the categories of
members, a Vietnam era veteran and a former resident of a Division for
Youth secure center, who are mandated to be represented on the
Council. As a result, when a vacancy occurs, these seats often go
unfulfilled for extended periods of time.


With respect to a Vietnam era veteran, it is SCOC's experience that
these veterans are of an age when many are retiring and either
relocating from the area or unwilling or unable to take time away from
their families and devote it to the work of the Council. Nonetheless,
the Commission believes that it is important to have a veteran on the
Council. This bill, therefore, would expand the pool of eligible
veterans to serve on the Council by requiring a veteran of any foreign
war, Conflict, or military occupation to serve on the Council. This
would have the positive effect of retaining the possibility of having
a council member with experience in or familiarity with post-traumatic
stress disorder on the Council.

With respect to former residents of Division for Youth secure centers,
the Commission has had difficulty identifying persons who meet this
qualification because the fact that a person was a resident of such a
center is a confidential and privacy protected matter. This bill
allows this spot to be filled by either a licensed health care
professional or a former resident of a Division for Youth secure
center. This will be a valuable resource to the Council because it has
experienced a significant increase in the number of health and mental
health care related inmate grievances. Having a health care
professional on the Council will not place council members in the
difficult position of questioning the actions of a facility health
care official without the benefit of qualified advice.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4343--A
    Cal. No. 199

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  from said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the correction law, in relation to the  organization  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. Paragraph 1  of  subdivision  (a)  of  section  42  of  the
correction  law,  as  amended  by  chapter  309  of the laws of 1996, is
amended to read as follows:
  1. There shall  be  within  the  commission  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 Janu-
ary, nineteen hundred sixty-three, to an including the  seventh  day  of
May,  nineteen  hundred seventy-five] ANY FOREIGN WAR, CONFLICT OR MILI-
TARY OCCUPATION, who was discharged therefrom under other than dishonor-
able conditions, or shall be a duly licensed mental health  professional
who has professional experience or training with regard to post-traumat-
ic stress syndrome.  One person so appointed shall be an attorney admit-
ted 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 secure center OR A HEALTH CARE PROFES-
SIONAL DULY LICENSED TO PRACTICE IN THIS STATE. One person so  appointed
shall  be  a former employee of the [division for youth] OFFICE OF CHIL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08987-03-4

S. 4343--A                          2

DREN AND FAMILY SERVICES who has directly supervised youth in  a  secure
residential  center operated by [the division] SUCH OFFICE. In addition,
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.
  S 2. This act shall take effect immediately.

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