senate Bill S8046

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 02, 2020 approval memo.30
signed chap.320
Nov 20, 2020 delivered to governor
Jul 22, 2020 returned to senate
passed assembly
ordered to third reading rules cal.265
substituted for a10194
referred to correction
delivered to assembly
passed senate
Jul 21, 2020 ordered to third reading cal.844
Jul 20, 2020 reported and committed to rules
Jul 17, 2020 committee discharged and committed to codes
Mar 12, 2020 referred to crime victims, crime and correction

Co-Sponsors

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S8046 (ACTIVE) - Details

See Assembly Version of this Bill:
A10194
Law Section:
Correction Law
Laws Affected:
Amd §§2 & 146, Cor L

S8046 (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.

S8046 (ACTIVE) - Sponsor Memo

S8046 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8046
 
                             I N  S E N A T E
 
                              March 12, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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