S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5709
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced  by  M.  of A. GALLAGHER, AUBRY, DICKENS, FORREST, MAMDANI --
   read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to the membership of the
   state commission of correction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 41 of the correction law, as added by chapter 865
 of the laws of 1975, is amended to read as follows:
   § 41. State commission of correction; organization. 1. (A) There shall
 be within the executive department a state commission of correction.  It
 shall  consist  of  [three] NINE persons [to be], THREE OF WHOM SHALL BE
 appointed by the governor[, by and with the advice and  consent  of  the
 senate],  TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 TWO OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
 AND TWO OF WHOM SHALL BE APPOINTED BY THE CORRECTIONAL ASSOCIATION.   NO
 NOMINEE  SHALL BE CONFIRMED UNLESS: (I) AT LEAST THIRTY DAYS HAVE PASSED
 FROM THE DATE THAT SUCH NOMINEE WAS NOMINATED BY THE APPOINTING AUTHORI-
 TY; (II) AT LEAST TEN DAYS HAVE PASSED AFTER THE CONVENING OF A LEGISLA-
 TIVE HEARING OR HEARINGS CONDUCTED BY THE  RELEVANT  COMMITTEES  OF  THE
 SENATE  AND ASSEMBLY REGARDING THE NOMINEE'S QUALIFICATIONS AT WHICH THE
 NOMINEE SHALL APPEAR; AND (III) A MAJORITY OF MEMBERS OF  EACH  RELEVANT
 SENATE  COMMITTEE  SHALL HAVE VOTED TO REPORT THE NOMINATION TO THE FULL
 SENATE.
   (B) OF THE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE SHALL
 BE A PERSON FORMERLY INCARCERATED IN A CORRECTIONAL FACILITY LOCATED  IN
 NEW  YORK AND ONE SHALL HAVE A PROFESSIONAL BACKGROUND IN PUBLIC HEALTH.
 OF THE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,  ONE
 SHALL  HAVE  A  PROFESSIONAL BACKGROUND IN BEHAVIORAL HEALTHCARE AND ONE
 SHALL BE AN ATTORNEY DULY LICENSED TO PRACTICE IN THIS STATE  AND  SHALL
 HAVE  A PROFESSIONAL BACKGROUND IN INDIGENT CRIMINAL DEFENSE SERVICES OR
 PRISONER'S RIGHTS LITIGATION.  THE REMAINING MEMBERS OF  THE  COMMISSION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00210-05-3
              

 A. 5709                             2
 
 MAY HAVE PROFESSIONAL EXPERTISE IN ANY OTHER FIELD DEEMED USEFUL FOR THE
 PROMOTION  OF  AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM. The
 [governor] MEMBERS OF THE COMMISSION shall ANNUALLY designate one of the
 appointed  members as [chairman] CHAIRPERSON to serve [as such] at [the]
 THEIR pleasure [of the governor].  The members shall devote full time to
 their duties and shall hold no other salaried public position.
   2. The members shall hold office for terms  of  five  years;  provided
 that [of] the [three members first appointed, one shall serve for a term
 of  two  years,  one shall serve for a term of three years and one shall
 serve for a term of five years from January first next succeeding  their
 appointment]  FIRST TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY
 SHALL SERVE FOR A TERM OF TWO YEARS; THE FIRST TWO MEMBERS APPOINTED  BY
 THE  TEMPORARY  PRESIDENT  OF THE SENATE SHALL SERVE FOR A TERM OF THREE
 YEARS; AND THE FIRST TWO MEMBERS APPOINTED BY THE  CORRECTIONAL  ASSOCI-
 ATION  SHALL  SERVE  FOR A TERM OF FOUR YEARS. No member shall serve for
 more than ten years. Any member of the commission may be removed by  the
 governor  for  cause  after  an  opportunity  to  be heard in his OR HER
 defense.
   3. Any member chosen to fill a vacancy created other than  by  expira-
 tion  of  term  shall  be appointed for the unexpired term of the member
 whom he OR SHE is to succeed.  Vacancies caused by expiration of term or
 otherwise shall be filled in the same manner as  original  appointments;
 PROVIDED,  HOWEVER,  THAT IF A POSITION ON THE COMMISSION REMAINS VACANT
 FOR ANY PERIOD LONGER THAN ONE HUNDRED EIGHTY DAYS, THE MEMBERS  OF  THE
 COMMISSION  MAY  SELECT  AN  INDIVIDUAL TO TEMPORARILY FILL SUCH VACANCY
 WHOSE SELECTION SATISFIES THE ORIGINAL REQUIREMENTS OF  THE  APPOINTMENT
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.