NY State Senate Bill S8046

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

Votes

Co-Sponsors

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

 
BILL NUMBER: S8046

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

To codify the access of the correctional association to state prisons in
order to assure they can fulfill their historical mission.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 32 to section 2 of the correction law.

Section 2 adds a new subdivision 3 to section 146 of the correction law.

Section 3 provides an effective date.

 
JUSTIFICATION:

The Correctional Association (CA) has been in existence since 1846 when
it was created by the legislature to visit and inspect state prisons and
report back on its findings. In order to ensure that the CA is able to
perform its duties and continue to provide useful information to the
legislature, the Governor and the public, it is imperative to move its
enabling legislation from unconsolidated law into the correction law
while clarifying its valuable role in the public oversight of New York
prisons.

The codification of the CA's duties and mission is particularly impor-
tant since the Department of Corrections and Community Supervision
(DOCCS) has for many years been restricting its access to our prison
system. For example, DOCCS controls when the CA can access a certain
facility, it only allows only four CA members to visit a SHU facility,
and it has even abruptly cancelled monitoring visits in spite of the
fact that the CA has statutory access to the prisons without the need
for DOCCS approval. DOCCS recently refused to pass a CA food survey out
to prisoners and said that the CA was required to get their approval of
the content of surveys before distributing them. DOCCS counsel sits in
on all meetings with prison organizations like the Inmate Liaison
Committee and the Inmate Grievance Council, causing a chilling effect in
those interviews. DOCCS has begun to oversee every aspect of the moni-
toring process, thereby negating its effectiveness and worth. An anony-
mous source recently told a CA staffer that whenever they schedule a
visit, the entire facility strategizes as to how to conceal information
and keep them from discovering problems at the prison.

As an example of DOCCS efforts to keep the CA from finding out informa-
tion it does not want to make known, at a recent visit to Southport
Correctional Facility, the superintendent told them they would not be
permitted to go down a certain gallery because an inmate was throwing
feces. One of the CA staff heard someone yelling for help as the super-
intendent was trying to shepherd them away, so he kept walking down the
gallery. The staff member went to the person's cell and found that the
man was bloodied and bruised, his eye and lips swollen, with deep,
blackened indentations from handcuffs on his wrists, and naked except
for boxer shorts. The man told the CA staff member that he had been
physically beaten by correctional officers minutes before the CA
arrived.The superintendent told the CA inspection team that someone was
throwing feces to divert them from the cell block so they would not know
about the beat up.

DOCCS should not have this kind of control over the very organization
the legislature created to report on prison conditions. This bill makes
it clear that the CA is an independent organization with a duty to
perform on behalf of the legislature and the public, and codifies its
long-standing right to enter the prisons, interview people, obtain
information and report on its findings. We created the CA to be our
witnesses in our state correctional facilities and should not allow
DOCCS to thwart or curtail their mission.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90 days after the bill becomes a law.

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

                       [ ] is old law to be omitted.
                                                            LBD15807-01-0

 S. 8046                             2
 
 ITIES, THE SUPERINTENDENT AND EXECUTIVE TEAM, TO  THE  EXTENT  POSSIBLE,
 SHALL  MEET  WITH  THE  CORRECTIONAL ASSOCIATION. UPON TWENTY-FOUR HOURS
 ADVANCE NOTICE, THE CORRECTIONAL ASSOCIATION MAY MEET PRIVATELY WITH THE
 INMATE  LIAISON  COMMITTEE  AND  REPRESENTATIVES OF THE INMATE GRIEVANCE
 RESOLUTION COMMITTEE OR ANY OTHER INMATE ORGANIZATION OF ITS CHOOSING.
   C. DURING THE COURSE OF ANY SUCH  VISIT,  INSPECTION  OR  EXAMINATION,
 UPON  CONSENT  OF THE PERSON BEING INTERVIEWED, THE CORRECTIONAL ASSOCI-
 ATION SHALL HAVE THE POWER TO INTERVIEW AND CONVERSE PUBLICLY OR  CONFI-
 DENTIALLY  WITH  ANY CORRECTIONAL EMPLOYEE, ANY INCARCERATED INDIVIDUAL,
 AND ANY OTHER PERSON PROVIDING SERVICES IN A STATE CORRECTIONAL  FACILI-
 TY,  WHETHER OR NOT EMPLOYED BY SUCH FACILITY. SUCH INTERVIEWS SHALL NOT
 BE RESTRICTED BY THE DEPARTMENT OR ATTENDED BY ANYONE ON BEHALF  OF  THE
 DEPARTMENT NOR SHALL THERE BE ANY RETALIATION OR ADVERSE ACTION TAKEN BY
 THE  DEPARTMENT OR OTHER STATE AGENCY AGAINST ANYONE WHO AGREES TO SPEAK
 WITH THE CORRECTIONAL ASSOCIATION. THE  DEPARTMENT  MAY  NOT  LIMIT  THE
 NUMBER  OF INDIVIDUALS THE CORRECTIONAL ASSOCIATION MAY INTERVIEW OR THE
 DURATION OF THE INTERVIEWS. THE CORRECTIONAL ASSOCIATION SHALL HAVE  THE
 POWER  TO  CONDUCT  PRIVATE, CONFIDENTIAL MEETINGS AT THEIR PLEASURE AND
 WITHOUT NOTICE TO THE DEPARTMENT WITH  INCARCERATED  PEOPLE  IN  HOUSING
 UNITS  AND  IN ATTORNEY VISITING ROOMS OR OTHER ROOMS IN THE FACILITY IN
 WHICH  THEIR  CONVERSATIONS  WILL  REMAIN  CONFIDENTIAL.  NO  DEPARTMENT
 EMPLOYEE MAY ATTEND OR LISTEN TO ANY SUCH MEETING WITHOUT THE CONSENT OF
 THE CORRECTIONAL ASSOCIATION.
   D.  THE  CORRECTIONAL  ASSOCIATION  MAY  AT ANY TIME REQUEST AND SHALL
 PROMPTLY RECEIVE FROM THE DEPARTMENT OR ANY OTHER AGENCY OF THE STATE OR
 PUBLIC AUTHORITY SUCH PAPER, ELECTRONIC, AND DIGITAL  RECORDS  INCLUDING
 BUT NOT LIMITED TO ANY AND ALL DOCUMENTS, PAPERS, LOGBOOKS, BOOKS, DATA,
 VIDEO, AUDIO, POLICIES, PROCEDURES, DIRECTIVES AND EMAILS RELATED TO THE
 MANAGEMENT,  CONDITIONS  OF  CONFINEMENT  AND TREATMENT OF PERSONS UNDER
 CUSTODY, ISSUES OR OPERATION OF ANY STATE CORRECTIONAL FACILITY, INCLUD-
 ING POLICIES, PRACTICES AND PROCEDURES RELATING TO  STAFF  TRAINING  AND
 RECRUITMENT,  SO  AS TO ENABLE THE CORRECTIONAL ASSOCIATION TO CARRY OUT
 ITS MISSION AND DUTIES, REGARDLESS  OF  WHETHER  SUCH  REQUESTED  PAPER,
 ELECTRONIC,  AND  DIGITAL RECORDS COULD HAVE BEEN WITHHELD UNDER ARTICLE
 SIX OF THE PUBLIC OFFICERS LAW. ANY SUCH PAPER, ELECTRONIC, AND  DIGITAL
 RECORDS  PROVIDED TO THE CORRECTIONAL ASSOCIATION BY THE DEPARTMENT DOES
 NOT CONSTITUTE A WAIVER OF ANY CONFIDENTIALITY  OR  PRIVILEGE  REGARDING
 SUCH  RECORDS.  THE  CORRECTIONAL  ASSOCIATION SHALL NOT BE COMPELLED TO
 TESTIFY OR RELEASE RECORDS THAT ARE OTHERWISE EXEMPT FROM PUBLIC DISCLO-
 SURE, INCLUDING  IDENTIFYING  INFORMATION  OR  CORRESPONDENCE  WITH  ANY
 PERSON,  WITHOUT A COURT ORDER UNLESS THAT PERSON CONSENTS IN WRITING TO
 THE RELEASE OF SUCH INFORMATION.
   E. THE CORRECTIONAL ASSOCIATION SHALL PERIODICALLY, BUT NOT LESS  THAN
 EVERY FIVE YEARS, CONDUCT INSPECTIONS OF EACH STATE CORRECTIONAL FACILI-
 TY  AND  SHALL  ISSUE  REPORTS  AND RECOMMENDATIONS TO THE GOVERNOR, THE
 LEGISLATURE AND THE PUBLIC ABOUT THE CONDITIONS AND ISSUES AT EACH  SUCH
 FACILITY.  THE  DEPARTMENT SHALL ISSUE A TIMELY RESPONSE TO SAID REPORTS
 AND INCLUDE EXPLANATIONS OF ANY ACTIONS THAT HAVE BEEN OR WILL BE  TAKEN
 TO ADDRESS THE ISSUES RAISED THEREIN.
   F.  THE CORRECTIONAL ASSOCIATION MAY SEND SURVEYS OR QUESTIONNAIRES TO
 PEOPLE IN CUSTODY CONCERNING CONDITIONS OF CONFINEMENT OR OTHER SUBJECTS
 WITHIN THEIR MISSION WITHOUT  PRIOR  APPROVAL  OF  THE  DEPARTMENT.  THE
 DEPARTMENT  SHALL  DISTRIBUTE SUCH SURVEYS WHEN REQUESTED BY THE CORREC-
 TIONAL ASSOCIATION. THE CORRECTIONAL ASSOCIATION MAY ALSO RECEIVE  PHONE
 CALLS  FROM  INCARCERATED  INDIVIDUALS  AND/OR SET UP A HOTLINE FOR SUCH
 INDIVIDUALS TO CONTACT THEM.

 S. 8046                             3
 
   G. IN ANY CASE WHERE THE DEPARTMENT OR AN EMPLOYEE THEREOF SHALL  FAIL
 TO  COMPLY  WITH  THE  PROVISIONS  OF THIS SUBDIVISION, THE CORRECTIONAL
 ASSOCIATION MAY APPLY TO THE SUPREME COURT FOR AN ORDER DIRECTED TO  THE
 DEPARTMENT OR SUCH EMPLOYEE OF THE DEPARTMENT REQUIRING COMPLIANCE THER-
 EWITH.  UPON  SUCH APPLICATION, THE COURT MAY ISSUE SUCH ORDER AS MAY BE
 JUST AND A FAILURE TO COMPLY WITH THE ORDER OF  THE  COURT  SHALL  BE  A
 CONTEMPT  OF  COURT  AND BE PUNISHABLE AS SUCH; ANY ACTION OR PROCEEDING
 COMMENCED BY THE CORRECTIONAL ASSOCIATION PURSUANT TO  THIS  SUBDIVISION
 SHALL  HAVE  A  PREFERENCE  OVER  ALL  OTHER CASES, EXCEPT HABEAS CORPUS
 PROCEEDINGS, PENDING BEFORE THE COURT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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The New York State Senate

senate Bill S8046

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Co-Sponsors

S8046 (ACTIVE) - Details

S8046 (ACTIVE) - Summary

S8046 (ACTIVE) - Sponsor Memo

S8046 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8046

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Co-Sponsors

S8046 (ACTIVE) - Details

S8046 (ACTIVE) - Summary

S8046 (ACTIVE) - Sponsor Memo

S8046 (ACTIVE) - Bill Text download pdf

Comments