S T A T E O F N E W Y O R K
________________________________________________________________________
8478
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. J. M. GIGLIO -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to the establishment of
a staffing plan for all uniformed and non-uniformed employees at
correctional facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 112 of the correction law, as amended by section 19
of subpart A of part C of chapter 62 of the laws of 2011, subdivisions
1, 2, 4 and 5 as amended by chapter 322 of the laws of 2021, is amended
to read as follows:
§ 112. Powers and duties of commissioner relating to correctional
facilities and community supervision. 1. The commissioner [of
corrections and community supervision] shall have the superintendence,
management and control of the correctional facilities in the department
and of the incarcerated individuals confined therein, and of all matters
relating to the government, discipline, policing, contracts and fiscal
concerns thereof. HE OR SHE SHALL HAVE THE RESPONSIBILITY TO ENSURE
THAT ADEQUATE STAFFING EXISTS AT EVERY CORRECTIONAL FACILITY PURSUANT TO
SUBDIVISION TWO OF THIS SECTION. He or she shall have the power and it
shall be his or her duty to inquire into all matters connected with said
correctional facilities. He or she shall make such rules and regu-
lations, not in conflict with the statutes of this state, for the
government of the officers and other employees of the department
assigned to said facilities, and in regard to the duties to be performed
by them, and for the government and discipline of each correctional
facility, as he or she may deem proper, and shall cause such rules and
regulations to be recorded by the superintendent of the facility, and a
copy thereof to be furnished to each employee assigned to the facility.
He or she shall also prescribe a system of accounts and records to be
kept at each correctional facility, which system shall be uniform at all
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13278-01-1
A. 8478 2
of said facilities, and he or she shall also make rules and regulations
for a record of photographs and other means of identifying each incar-
cerated individual received into said facilities. He or she shall
appoint and remove, subject to the civil service law, subordinate offi-
cers and other employees of the department who are assigned to correc-
tional facilities.
2. [The commissioner shall have the management and control of persons
released on community supervision and of all matters relating to such
persons' effective reentry into the community, as well as all contracts
and fiscal concerns thereof. The commissioner shall have the power and
it shall be his or her duty to inquire into all matters connected with
said community supervision. The commissioner shall make such rules and
regulations, not in conflict with the statutes of this state, for the
governance of the officers and other employees of the department
assigned to said community supervision, and in regard to the duties to
be performed by them, as he or she deems proper and shall cause such
rules and regulations to be furnished to each employee assigned to
perform community supervision. The commissioner shall also prescribe a
system of accounts and records to be kept, which shall be uniform. The
commissioner shall also make rules and regulations for a record of
photographs and other means of identifying each incarcerated individual
released to community supervision. The commissioner shall appoint offi-
cers and other employees of the department who are assigned to perform
community supervision.] THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN
FOR ALL UNIFORMED AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO UNIFORMED
STAFF, THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN WHICH SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF TOTAL SECURITY POSTS THAT
MUST BE STAFFED BY CORRECTION OFFICERS AND SERGEANTS BY CORRECTIONAL
FACILITY. THESE POSTS SHALL BE DELINEATED BY THOSE THAT ARE NECESSARY
FIVE DAYS PER WEEK AND SEVEN DAYS PER WEEK. THE STAFFING PLAN SHALL
REQUIRE THAT EVERY POST BE STAFFED USING A RATIO OF 1.8 CORRECTION OFFI-
CERS FOR EVERY SEVEN DAY POST AND A RATIO OF 1.25 CORRECTION OFFICERS
FOR EVERY FIVE DAY POST. THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH
STAFFING PLAN TO THE CHAIRS OF THE SENATE FINANCE, SENATE CRIME VICTIMS,
CRIME AND CORRECTION, ASSEMBLY WAYS AND MEANS AND ASSEMBLY CORRECTION
COMMITTEES BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT SHALL ALSO
PROVIDE DETAILED INFORMATION REGARDING HOW THE STAFFING PLAN WAS IMPLE-
MENTED DURING THE CURRENT FISCAL YEAR. THIS INFORMATION SHALL INCLUDE:
(A) THE NUMBER OF CORRECTION OFFICERS AND SERGEANTS BY CORRECTIONAL
FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF
CORRECTION OFFICERS AND SERGEANTS THAT WERE AVAILABLE BY CORRECTIONAL
FACILITY DURING THE CURRENT FISCAL YEAR. IN THE EVENT THE DEPARTMENT
DEVIATED FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE DETAILS
ON WHY THE STAFFING PLAN WAS NOT IMPLEMENTED AS REQUIRED PURSUANT TO
THIS SECTION; (B) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN FOR
EACH FACILITY THAT HAVE BEEN CLOSED ON A DAILY BASIS, BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM); (C) THE
NUMBER OF SECURITY POSITIONS NOT FILLED AND THOSE ELIMINATED, BY CORREC-
TIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE NUMBER OF INMATES
INCARCERATED IN EACH SUCH FACILITY; AND (D) A BREAKDOWN BY CORRECTIONAL
FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM, AND MAXIMUM) OF THE
STAFF HOURS OF OVERTIME WORKED, BY YEAR SINCE TWO THOUSAND ONE AND THE
ANNUAL AGGREGATE COSTS RELATED TO THIS OVERTIME. IN ADDITION, SUCH
REPORT SHALL BE DELINEATED BY CORRECTIONAL FACILITY SECURITY CLASSIFICA-
TION, THE ANNUAL NUMBER OF SECURITY POSITIONS ELIMINATED, THE NUMBER OF
A. 8478 3
CLOSED POSTS AND AMOUNT OF STAFF HOURS OF OVERTIME ACCRUED AS WELL AS
THE OVERALL OVERTIME EXPENDITURES WHICH RESULTED.
3. The commissioner may require reports from the superintendent or any
other officer or employee of the department assigned to any correctional
facility or to perform community supervision in relation to his or her
conduct as such officer or employee, and shall have the power to inquire
into any improper conduct which may be alleged to have been committed by
any person at any correctional facility or in the course of his or her
performance of community supervision, and for that purpose to issue
subpoenas to compel the attendance of witnesses, and the production
before him or her of books, writings and papers. A subpoena issued under
this section shall be regulated by the civil practice law and rules.
4. The commissioner and the chair of the parole board shall work
jointly to develop and implement, as soon as practicable, a risk and
needs assessment instrument or instruments, which shall be empirically
validated, that would be administered to incarcerated individuals upon
reception into a correctional facility, and throughout their incarcera-
tion and release to community supervision, to facilitate appropriate
programming both during an incarcerated individual's incarceration and
community supervision, and designed to facilitate the successful inte-
gration of incarcerated individuals into the community.
5. (a) The commissioner shall not make or promulgate any policy and/or
regulation requiring an incarcerated individual to waive any religious
right, including, but not limited to, daily prayer as a condition for
participation in any incarcerated individual program including any such
program developed and/or implemented pursuant to subdivision four of
this section including, but not limited to, the shock program and the
industrial training program.
(b) Upon request, incarcerated individuals shall be granted exemptions
for activities, including jobs, that coincide with the Sabbath and other
work proscription days, including those set forth in the religious
calendar.
§ 2. This act shall take effect immediately. Effective immediately
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.