senate Bill S8046

2019-2020 Legislative Session

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

download bill text pdf

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Current Bill Status - 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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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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