The New York State Senate

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

                                  8209

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2019
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Correction

AN  ACT  establishing  a  temporary  state  commission to study and make
  recommendations on violence  in  state  correctional  facilities;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. A temporary state commission is hereby created to study and
make recommendations to the governor and the legislature concerning  the
causes  and  consequences  of violence in state correctional facilities.
The commission will place particular emphasis on changes  in  levels  of
violence  and the causes of those changes, but will not be restricted to
those topics.
  § 2. a. The  commission  shall  consist  of  fourteen  members  to  be
appointed as follows:
  (i)  the  commissioner  of the department of correctional services and
community supervision or his or her designee, who shall serve  as  chair
of the commission;
  (ii)  the  commissioner  of  the office of mental health or his or her
designee;
  (iii) the president of the union representing correctional officers or
his or her designee;
  (iv) the president of the union representing correctional  lieutenants
or his or her designee;
  (v)  the president of the union representing professional employees or
his or her designee;
  (vi) the president of John Jay College of Criminal Justice or  his  or
her designee;
  (vii)  the  executive  director of the Correctional Association of New
York or his or her designee;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11544-01-9

A. 8209                             2

  (viii) the executive director of Prisoner's Legal Services of New York
or his or her designee; and
  (ix) six members to be appointed as follows:
  (1) two shall be appointed by the governor;
  (2)  two  shall be appointed by the temporary president of the senate;
and
  (3) two shall be appointed by the speaker of the assembly.
  b. Vacancies in the appointed  members  of  the  commission  shall  be
filled  in  the manner provided for original appointments. Membership on
the commission shall not constitute a public office.
  § 3. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  §  4. The members of the commission shall be given unrestricted access
to all state correctional facilities and to receive unredacted copies of
any documents maintained by such facilities, although documents that are
confidential under state or federal law may not be disclosed by  members
of the commission to individuals or organizations otherwise unauthorized
to receive such documents and all such copies of such documents shall be
destroyed upon the expiration of this act.
  §  5.  The commission shall publish a final report of its findings and
make any recommendations it may deem necessary and  appropriate  to  the
governor,  the  temporary  president  of  the senate, the speaker of the
assembly, the  chairperson  of  the  senate  crime  victims,  crime  and
correction  committee  and  the  chairperson  of the assembly correction
committee no later than two years after the effective date of this act.
  § 6. This act shall take effect immediately and shall  expire  and  be
deemed repealed two years after such date.