assembly Bill A10194

2019-2020 Legislative Session

Permits the correctional association to access, visit, inspect, and examine all state correctional facilities

download bill text pdf

Sponsored By

Current Bill Status Via S8046 - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2020 returned to senate
passed assembly
ordered to third reading rules cal.265
substituted for a10194
Jul 22, 2020 substituted by s8046
Jul 21, 2020 ordered to third reading rules cal.265
rules report cal.265
reported
Jul 14, 2020 reported referred to rules
Mar 24, 2020 referred to correction

Co-Sponsors

A10194 (ACTIVE) - Details

See Senate Version of this Bill:
S8046
Law Section:
Correction Law
Laws Affected:
Amd §§2 & 146, Cor L

A10194 (ACTIVE) - Summary

Permits the correctional association to access, visit, inspect, and examine all state correctional facilities without advance notice to the department; during such visits the association shall have the power to interview and converse publicly or confidentially with any correctional employee, any incarcerated individual, and any other person providing services in a state correctional facility, whether or not employed by such facility.

A10194 (ACTIVE) - Bill Text download pdf


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

                                  10194

                          I N  A S S E M B L Y

                             March 24, 2020
                               ___________

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

AN  ACT  to  amend  the  correction  law,  in relation to permitting the
  correctional association to access, visit, inspect,  and  examine  all
  state correctional facilities

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

  Section 1. Section 2 of the correction law is amended by adding a  new
subdivision 32 to read as follows:
  32.  "CORRECTIONAL  ASSOCIATION" MEANS THE CORRECTIONAL ASSOCIATION OF
NEW YORK, DULY INCORPORATED BY CHAPTER  SIX  OF  THE  LAWS  OF  EIGHTEEN
FORTY-SIX, AND ANY OF ITS EMPLOYEES, BOARD MEMBERS, AND DESIGNEES.
  §  2.  Section  146  of  the correction law is amended by adding a new
subdivision 3 to read as follows:
  3. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE
CORRECTIONAL ASSOCIATION SHALL BE PERMITTED, AT ITS PLEASURE, TO ACCESS,
VISIT,  INSPECT,  AND  EXAMINE ALL STATE CORRECTIONAL FACILITIES WITHOUT
ADVANCE NOTICE TO THE DEPARTMENT. UP TO TWELVE PEOPLE MAY  COMPRISE  THE
CORRECTIONAL ASSOCIATION VISITING PARTY. EXCEPT FOR DOCUMENTS OR RECORDS
CREATED  ABOUT  EMPLOYEES  OF  THE  DEPARTMENT SOLELY FOR SUPERVISORY OR
DISCIPLINARY PURPOSES,  THE  CORRECTIONAL  ASSOCIATION  SHALL  BE  GIVEN
UNFETTERED ACCESS TO ALL PAPER, ELECTRONIC, AND DIGITAL RECORDS, INCLUD-
ING BUT NOT LIMITED TO DOCUMENTS, PAPERS, LOGBOOKS, EMAILS, BOOKS, DATA,
VIDEO  AND  AUDIO RECORDINGS, POLICIES, AND PROCEDURES PERTAINING TO THE
MANAGEMENT, CONDITION, ISSUES OR OPERATION  OF  ANY  STATE  CORRECTIONAL
FACILITY,  INCLUDING  THE INDIVIDUAL RECORDS OF INCARCERATED INDIVIDUALS
THAT ARE NOT OTHERWISE CONFIDENTIAL UNDER  THE  MENTAL  HYGIENE  LAW  OR
FEDERAL  LAW.  THE  DEPARTMENT MAY NOT PLACE RESTRICTIONS ON SUCH VISITS
AND INSPECTIONS, INCLUDING DURING PERIODS  WHEN  FACILITIES  ARE  LOCKED
DOWN,  ALTHOUGH  THEY  MAY RESTRICT ACCESS TO A PORTION OF A FACILITY IN
EMERGENCY SITUATIONS FOR THE DURATION OF THE EMERGENCY.
  B. UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AT THE COMMENCEMENT  OF  ANY
VISITS TO, OR INSPECTIONS AND EXAMINATIONS OF, STATE CORRECTIONAL FACIL-
ITIES,  THE  SUPERINTENDENT  AND EXECUTIVE TEAM, TO THE EXTENT POSSIBLE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets