S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2448
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 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.
                                                            LBD05465-01-3
              

 A. 2448                             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 INCAR-
 CERATED INDIVIDUALS 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  THOU-
 SAND  ONE  AND  THE  ANNUAL AGGREGATE COSTS RELATED TO THIS OVERTIME. IN
 ADDITION, SUCH REPORT SHALL BE DELINEATED BY CORRECTIONAL FACILITY SECU-
 RITY CLASSIFICATION, THE ANNUAL NUMBER OF SECURITY POSITIONS ELIMINATED,
 A. 2448                             3
 
 THE NUMBER OF 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.