S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6482
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN, LUPARDO, KELLES -- read once and referred
   to the Committee on Correction
 
 AN  ACT  creating a temporary state commission relating to local correc-
   tional facilities in upstate New York; and providing for the repeal of
   such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. A temporary state commission is hereby created to study and
 make  recommendations  relating to local correctional facilities located
 outside of the boundaries of a city with a population of more  than  one
 million people. The commission will place particular emphasis on medical
 and mental health care (including the use of private contractors), over-
 crowding,  incarcerated individual deaths, use of force, restraints, and
 all segregation and confinement practices and solitary confinement,  but
 will not be restricted to those topics.
   § 2. The commission shall consist of eleven members to be appointed as
 follows:
   a. The chairman of the temporary state commission of correction estab-
 lished pursuant to section one of this act and the executive director of
 the independent agency which conducts and coordinates the protection and
 advocacy  and  client  assistance  programs,  as established pursuant to
 subdivision (b) of section 558 of the executive law and federal law,  or
 their representatives;
   b.  Nine  members to be appointed as follows: three shall be appointed
 by the governor; two shall be appointed by the  temporary  president  of
 the  senate  and one by the minority leader of the senate; and two shall
 be appointed by the speaker of the assembly  and  one  by  the  minority
 leader  of the assembly. Of the three members appointed by the governor,
 none shall be an elected official or current employee of a local correc-
 tional facility or other branch of county government.  Such nine members
 of the commission must reside in counties  under  the  purview  of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01447-01-3
              

 A. 6482                             2
 
 commission.    Vacancies  in  the appointed membership of the commission
 shall be filled in the manner provided for original appointments.
   c.  Membership on the commission shall not constitute a public office.
 The governor shall appoint the chair of the commission.
   § 3. The members of the commission shall receive no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to this act.
   §  4. The members of the commission shall be given unrestricted access
 to all local correctional facilities in the state, including the ability
 to conduct  confidential  interviews  of  incarcerated  individuals  and
 employees  of  such  facilities  and to receive unredacted copies of any
 documents maintained by such facilities,  although  documents  that  are
 confidential under state or federal law may not be disclosed to individ-
 uals or organizations otherwise unauthorized to obtain such documents by
 the  commission  or its members. The commission shall also hold at least
 one public hearing in each of the cities  of  Albany,  Buffalo,  Platts-
 burgh,  Poughkeepsie,  Rochester, Syracuse and Utica, and shall have all
 the powers of a legislative committee pursuant to the legislative law.
   § 5. The commission shall issue periodic reports, no less than annual-
 ly, of its findings and publish a final report of its findings and  make
 any  recommendations it may deem necessary and appropriate to the gover-
 nor, the temporary president of the senate, the speaker of the assembly,
 the chairperson of  the  senate  crime  victims,  crime  and  correction
 committee,  and  the chairperson of the assembly committee on correction
 no later than three years after the effective  date  of  this  act.  The
 report  shall also make recommendations for needed regulatory changes to
 the chairperson of the state commission of correction.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 3 years after such date.