NY State Senate Bill 2021-S8236

Senate Bill S8236

2021-2022 Legislative Session

Requires certain justices and judges to visit the correctional facility with the highest population in the county in which such justice or judge was elected or appointed

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2022	referred to judiciary

2021-S8236 (ACTIVE) - Details

See Assembly Version of this Bill:: A8571
Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add §211-b, Judy L
Versions Introduced in 2023-2024 Legislative Session:: S5087, A2539

2021-S8236 (ACTIVE) - Summary

Requires justices of the supreme court, judges of the county court and judges of the court of claims, regularly sitting in a criminal term or in a term with criminal as well as civil jurisdiction to visit the correctional facility with the highest population of incarcerated individuals in the county in which he or she is appointed or elected within two years of such appointment or election and every two years thereafter; requires a report on the conditions of such correctional facility.

2021-S8236 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8236

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to requiring certain
justices and judges to visit the correctional facility with the highest
population in the county in which such justice or judge was elected or
appointed

 
PURPOSE:

This bill would require Judges and Justices to observe the conditions of
the most densely populated correctional facility within jurisdiction and
furnish the conditions to the New York State Unified Court System.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 2. Within six months of a visit to the correctional facility as
required by subdivision one of this section, the justice or judge shall
prepare a report on the conditions of such correctional facility and
submit such a report to the clerk of the Court of Appeals. Such condi-

tions shall include, but not be limited to the welfare of incarcerated
individuals, healthcare provided to incarcerated individuals, sanitary
conditions in the correctional facility and any disciplinary actions
against employees of the correctional facility and incarcerated individ-
uals.

 
JUSTIFICATION:

New York State's judicial branch must oversee and ensure that the
correctional facilities' citizens are being sent to function at a humane
level. Although many have been calling for the closure of Rikers for
over a decade, 2021 saw an increased level of visibility regarding the
deplorable conditions at the facility. A majority of people on Rikers
island are awaiting trial and have been convicted of the charges being
levied against them. Despite the state's bail reform laws, many judges
have been setting bail which has led to individuals who are unable to
make bail getting stuck on Rikers.  There have been 14 suicides so far
across NYC jails as the living conditions have grown unbearable to the
degree of public condemnation. The former United States federal judge
Morris E. Lasker made a point of visiting and combating overcrowded
conditions, as he would note the large Rikers' population placed an
increased burden on an already overextended medical care system that was
plagued by frequent emergencies and inadequate infirmary space.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S8236 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8236
 
                             I N  S E N A T E
 
                             February 7, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law,  in  relation  to  requiring  certain
   justices  and judges to visit the correctional facility with the high-
   est population in the county  in  which  such  justice  or  judge  was
   elected or appointed

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new section  211-b
 to read as follows:
   §  211-B. CORRECTIONAL FACILITY VISITATION REQUIREMENTS FOR JUDGES AND
 JUSTICES. 1.   THE CHIEF JUDGE SHALL REQUIRE  JUSTICES  OF  THE  SUPREME
 COURT,  JUDGES  OF  THE  COUNTY COURT AND JUDGES OF THE COURT OF CLAIMS,
 REGULARLY SITTING IN A CRIMINAL TERM OR IN A TERM WITH CRIMINAL AS  WELL
 AS  CIVIL JURISDICTION TO VISIT THE CORRECTIONAL FACILITY WITH THE HIGH-
 EST POPULATION OF INCARCERATED INDIVIDUALS IN THE COUNTY IN  WHICH  SUCH
 JUSTICE  OR  JUDGE  IS  APPOINTED  OR  ELECTED  WITHIN TWO YEARS OF SUCH
 APPOINTMENT OR ELECTION AND EVERY TWO YEARS THEREAFTER.  SUCH VISITATION
 REQUIREMENT SHALL BE IN ADDITION TO  THE  REQUIREMENTS  PURSUANT  TO  22
 NYCRR SECTION 17.1.
   2.  WITHIN  SIX  MONTHS  OF  A  VISIT  TO THE CORRECTIONAL FACILITY AS
 REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE JUSTICE OR JUDGE  SHALL
 PREPARE  A  REPORT  ON  THE CONDITIONS OF SUCH CORRECTIONAL FACILITY AND
 SUBMIT SUCH REPORT TO THE CLERK OF THE COURT OF APPEALS. SUCH CONDITIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO THE WELFARE OF  INCARCERATED  INDI-
 VIDUALS,  HEALTHCARE  PROVIDED  TO  INCARCERATED  INDIVIDUALS,  SANITARY
 CONDITIONS IN THE CORRECTIONAL FACILITY  AND  ANY  DISCIPLINARY  ACTIONS
 AGAINST EMPLOYEES OF THE CORRECTIONAL FACILITY AND INCARCERATED INDIVID-
 UALS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13415-02-1

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