NY State Assembly Bill 2023-A6489B

Current Bill Status - On Floor Calendar

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	amended on third reading 6489b
May 28, 2024	ordered to third reading rules cal.166 rules report cal.166 reported
May 22, 2024	reported referred to rules
May 14, 2024	reported referred to codes
Jan 18, 2024	print number 6489a
Jan 18, 2024	amend and recommit to correction
Jan 03, 2024	referred to correction
Apr 11, 2023	referred to correction

Bill Amendments

Original

B (Active)

co-Sponsors

2023-A6489 - Details

See Senate Version of this Bill:: S312
Law Section:: Correction Law
Laws Affected:: Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:: A10678, S9401

2023-A6489 - Summary

Relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time and without advance notice; grants the correctional association access to certain records and information of correctional facilities.

2023-A6489 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6489
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M. of A. WEPRIN, BURGOS -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to correctional facility
   visits by the correctional association
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Subdivision  3 of section 146 of the correction law, as
 amended by chapter 32 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   3.  a. Notwithstanding any other provision of law to the contrary, the
 correctional association shall be permitted, AT ITS PLEASURE ON ANY  DAY
 AT  ANY  TIME  OF  DAY  AND  WITHOUT  ADVANCE  NOTICE, to access, visit,
 inspect, and examine all state correctional facilities [with seventy-two
 hours advance notice to the department]  AND  ALL  FACILITIES  IN  WHICH
 PEOPLE UNDER THE CUSTODY OR SUPERVISION OF THE DEPARTMENT ARE BEING HELD
 OR  USED  FOR  OPERATIONAL  PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE
 CENTRAL NEW YORK PSYCHIATRIC CENTER.  Up to twelve people  may  comprise
 the  visiting  party[; provided, however, that only four people from the
 party may enter a special housing facility or unit at  the  same  time].
 THE  CORRECTIONAL ASSOCIATION SHALL HAVE UNFETTERED ACCESS TO EVERY AREA
 OF THE  FACILITIES  WITHOUT  DEPARTMENT  ESCORT.  THE  DEPARTMENT  SHALL
 PROVIDE ESCORT WHENEVER REQUESTED BY THE CORRECTIONAL ASSOCIATION. Prior
 to  the  visitation authorized pursuant to this subdivision, the correc-
 tional association shall provide to the  department  on,  at  least,  an
 annual  basis  a  list  of  people  who will be visiting the facility or
 facilities, including names, dates of birth,  driver's  license  numbers
 and their designation as an employee, board member, or designee in order
 for  the department to perform prompt background checks, WHICH SHALL NOT
 BE UNREASONABLY DISAPPROVED AND ANY OBJECTIONS MUST  BE  PROVIDED  IN  A
 TIMELY  MANNER.  THE  CORRECTIONAL  ASSOCIATION  MAY  FROM  TIME TO TIME
 SUPPLEMENT THE LIST OF VISITORS BY PROVIDING THE SAME  INFORMATION  WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00661-01-3

 A. 6489                             2
 
 THE  SAME  PROMPT BACKGROUND CHECK AND DISAPPROVAL REQUIREMENTS.  DURING
 ALL VISITS, THE  CORRECTIONAL  ASSOCIATION  SHALL  BE  GIVEN  UNFETTERED
 ACCESS TO ALL PAPER, ELECTRONIC, AND DIGITAL RECORDS, INCLUDING, BUT NOT
 LIMITED  TO, DOCUMENTS, PAPERS, LOGBOOKS, EMAILS, BOOKS, DATA, VIDEO AND
 AUDIO RECORDINGS, POLICIES, AND PROCEDURES PERTAINING TO THE MANAGEMENT,
 CONDITION, ISSUES OR OPERATION OF ANY CORRECTIONAL  FACILITY,  INCLUDING
 RECORDS CONCERNING INCARCERATED INDIVIDUALS, EXCEPT FOR RECORDS THAT ARE
 PROTECTED  FROM  DISCLOSURE  UNDER  STATE  OR  FEDERAL LAW. AT ALL TIMES
 DURING ALL VISITS AND INSPECTIONS, THE CORRECTIONAL ASSOCIATION SHALL BE
 PERMITTED TO USE RELEVANT ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMIT-
 ED TO, AUDIO AND VIDEO RECORDING DEVICES,  CAMERAS,  AND  COMPUTERS  AND
 TABLETS  FOR  PURPOSES OF TYPING, RECORDING, DOCUMENTATION, THE ADMINIS-
 TRATION OF SURVEYS, AND OTHER RELATED  PURPOSES,  AS  WELL  AS  RELEVANT
 INSTRUMENTS  OF MEASUREMENT, INCLUDING BUT NOT LIMITED TO THOSE USED FOR
 MEASURING DISTANCE, SOUND DECIBELS, TEMPERATURE, AND  AIR  QUALITY.  The
 department  may  NOT  place restrictions on such visits and inspections,
 INCLUDING DURING PERIODS when a facility is locked down or  experiencing
 a  facility  wide  emergency[.  In addition, the department may restrict
 access to a portion of a facility in  an  emergency  situation  for  the
 duration of the emergency. For the purpose of this subdivision, an emer-
 gency shall be determined by the commissioner or his or her designee and
 defined as a significant risk to the safety or security of the facility,
 or  the health, safety or security of staff or incarcerated individuals,
 or an event that significantly compromises the operations of the facili-
 ty] EXCEPT IN EXTRAORDINARY CIRCUMSTANCES IN  WHICH  THERE  IS  EXPLICIT
 EVIDENCE  THAT  THERE  IS  A SPECIFIC, SERIOUS RISK TO THE SAFETY OF THE
 CORRECTIONAL ASSOCIATION VISITING TEAM IF THEY ENTER THE  FACILITY  EVEN
 IF SECURITY STAFF ACCOMPANIES THEM DURING THE VISIT.
   b. [Upon twenty-four hours advance notice, at] AT the commencement AND
 CONCLUSION  of  any visits to, or inspections and examinations of, state
 correctional facilities, the superintendent and executive team, [to  the
 extent  practicable] UPON REQUEST BY THE CORRECTIONAL ASSOCIATION, shall
 meet with the correctional association[. Upon twenty-four hours  advance
 notice,  the]  PRIVATELY  WITHOUT  REPRESENTATIVES OF THE CENTRAL OFFICE
 PRESENT.  REPRESENTATIVES OF THE OFFICE OF MENTAL HEALTH AND  ANY  OTHER
 ENTITIES  OR  AGENCIES  PROVIDING SERVICES IN A FACILITY SHALL MEET WITH
 THE CORRECTIONAL ASSOCIATION UPON REQUEST. THE correctional  association
 may meet privately with the inmate liaison committee and representatives
 of  the  inmate grievance resolution committee or any other organization
 of incarcerated individuals recognized by the department.
   c. [During the course of any such visit,  inspection  or  examination,
 upon  consent  of  the  person  being interviewed, the] THE correctional
 association shall have the power to interview and converse  publicly  or
 confidentially  with  any  correctional  employee  or ADMINISTRATOR, any
 incarcerated individual, AND ANY OTHER PERSON PROVIDING, SUPERVISING, OR
 MONITORING SERVICES IN A CORRECTIONAL FACILITY, WHETHER OR NOT  EMPLOYED
 BY SUCH FACILITY. Such interviews shall not be restricted by the depart-
 ment  OR  THE  OFFICE  OF  MENTAL HEALTH ANY OTHER AGENCY or attended by
 anyone on behalf of the department OR THE OFFICE OF MENTAL HEALTH OR ANY
 OTHER AGENCY, nor shall there be any retaliation or adverse action taken
 by the department or other state agency against [any incarcerated  indi-
 vidual]  ANYONE who [agrees to speak] SPEAKS with the correctional asso-
 ciation. The department may not limit  the  number  of  individuals  the
 correctional  association  may  interview  or the duration of the inter-
 views[, in any  manner  unreasonable  under  the  circumstances].    The
 correctional association shall have the power to conduct private, confi-
 A. 6489                             3
 
 dential meetings [reasonable in number under the circumstances] AT THEIR
 PLEASURE  AND  WITHOUT NOTICE TO THE DEPARTMENT with incarcerated people
 in housing units and in attorney visiting rooms or other  rooms  in  the
 facility  in  which  their  conversations  will  remain confidential. No
 department employee may attend or listen to any such meeting without the
 consent of the correctional association.
   d.  THE CORRECTIONAL ASSOCIATION SHALL  BE  PROVIDED  WITHIN  FOURTEEN
 DAYS OF ANY REQUEST TO THE DEPARTMENT OR OTHER AGENCY WITH RECORDS RELE-
 VANT  TO  CORRECTIONAL  FACILITIES, BY MAIL AND ELECTRONICALLY IN EASILY
 SEARCHABLE AND USABLE  FORMATS,  SUCH  PAPER,  ELECTRONIC,  AND  DIGITAL
 RECORDS  THAT  ARE  NOT  OTHERWISE PROTECTED FROM DISCLOSURE BY STATE OR
 FEDERAL LAW INCLUDING BUT NOT LIMITED TO ANY AND ALL DOCUMENTS,  PAPERS,
 LOGBOOKS,  BOOKS,  DATA,  VIDEO, AUDIO, POLICIES, PROCEDURES, DIRECTIVES
 AND EMAILS RELATED TO THE  MANAGEMENT,  CONDITIONS  OF  CONFINEMENT  AND
 TREATMENT  OF  PERSONS  UNDER  CUSTODY, ISSUES OR OPERATION OF ANY STATE
 CORRECTIONAL FACILITY, INCLUDING  POLICIES,  PRACTICES,  AND  PROCEDURES
 RELATING  TO STAFF TRAINING AND RECRUITMENT, SO AS TO ENABLE THE CORREC-
 TIONAL ASSOCIATION TO CARRY OUT ITS MISSION AND DUTIES.
   E. The correctional association shall periodically[, but not less than
 every five years,] conduct  inspections  of  [each  state]  correctional
 [facility]  FACILITIES,  PRIORITIZED  BASED  ON THE CORRECTIONAL ASSOCI-
 ATION'S ASSESSMENT OF SYSTEMIC ISSUES, and  [shall]  issue  reports  and
 recommendations  to  the  governor, the legislature and the public about
 the conditions and issues at [each such facility]  CORRECTIONAL  FACILI-
 TIES.  When  preparing  such  formal  reports  and  recommendations, the
 correctional association shall submit a tentative copy  of  such  report
 and recommendations to the commissioner[. The commissioner may], AND, IF
 THE  CORRECTIONAL  ASSOCIATION SO CHOOSES, TO THE COMMISSIONER OF MENTAL
 HEALTH, COMMISSIONER OF THE PAROLE BOARD, COMMISSIONER OF THE DEPARTMENT
 OF HEALTH, AND ANY OTHER RELEVANT COMMISSIONERS OR  ADMINISTRATORS.  ALL
 COMMISSIONERS  RECEIVING  SUCH REPORT SHALL submit a written response to
 such tentative report within [sixty] THIRTY days of the receipt thereof,
 INCLUDING A PLAN OF ACTION FOR ADDRESSING THE FINDINGS  AND  RECOMMENDA-
 TIONS.  When  the  correctional association thereafter submits its final
 report and recommendations, it shall contain  a  complete  copy  of  the
 response, if any, submitted to the tentative report and recommendations.
 THE  DEPARTMENT,  THE  OFFICE  OF  MENTAL  HEALTH, THE PAROLE BOARD, THE
 DEPARTMENT OF HEALTH AND ANY OTHER AGENCY THAT RECEIVED  RECOMMENDATIONS
 SHALL  IMPLEMENT  THEIR  PLAN OF ACTION AND SHALL PUBLICLY REPORT ON THE
 PROGRESS OF SUCH PLAN WITHIN SIXTY  DAYS  OF  THE  CORRECTIONAL  ASSOCI-
 ATION'S FINAL REPORT.
   [e.]  F.  The correctional association may send, AND DISTRIBUTE DURING
 PRISON VISITS, CONFIDENTIAL WRITTEN AND ELECTRONIC surveys or  question-
 naires  to  people  in  custody  OR  EMPLOYEES  concerning conditions of
 confinement, WORKING CONDITIONS, or other subjects within the  scope  of
 their  mission  without prior approval of the department.  PEOPLE INCAR-
 CERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE AND RETURN TO  THE
 CORRECTIONAL  ASSOCIATION SUCH SURVEYS EITHER IN WRITTEN FORMAT OR ELEC-
 TRONICALLY. The correctional association may also receive FREE CONFIDEN-
 TIAL phone calls AND EMAILS from incarcerated individuals and/or set  up
 a  CONFIDENTIAL hotline for individuals to use if they choose to contact
 them.
   [f.] G. THE DEPARTMENT, IN CONSULTATION  WITH  THE  OFFICE  OF  MENTAL
 HEALTH,  THE  DEPARTMENT  OF  HEALTH,  THE  PAROLE  BOARD, THE OFFICE OF
 SPECIAL INVESTIGATIONS, AND ANY OTHER RELEVANT  AGENCY,  SHALL  PUBLICLY
 REPORT ON ITS WEBSITE ON A MONTHLY BASIS, AND WITH SEMI-ANNUAL AND ANNU-
 A. 6489                             4
 
 AL  CUMULATIVE  REPORTS,  WITH A WORD SEARCHABLE DATABASE AND CUMULATIVE
 SUBJECT MATTER INDEX, DATA RELEVANT TO THE CONDITIONS AND EXPERIENCES OF
 PEOPLE IN CORRECTIONAL FACILITIES, WITH ANY PERSONAL IDENTIFYING  INFOR-
 MATION  REDACTED,  INCLUDING BUT NOT LIMITED TO: ALL DATA ON INDIVIDUALS
 UNDER CUSTODY; DEPARTMENT DAILY POPULATION  DATA;  ALL  DATA  ON  PEOPLE
 UNDER  COMMUNITY  SUPERVISION INCLUDING BUT NOT LIMITED TO AS RELATED TO
 SENTENCE, AGGREGATE TIME ON PAROLE, AND LOCATION; ALL  DATA  ON  DEATHS,
 SUICIDES  AND INCIDENTS OF SELF-HARM AND ATTEMPTED SUICIDE; PAROLE BOARD
 HEARINGS, RELEASE DECISIONS, AND APPEALS ALL DISAGGREGATED BY BASIS  FOR
 THE REVOCATION, OUTCOME, AND LOCATION; GRIEVANCES AGGREGATED BY TYPE AND
 OUTCOME;  PRISON  RAPE  ELIMINATION ACT COMPLAINTS DISAGGREGATED BY TYPE
 AND OUTCOME; DISCIPLINARY DATA DISAGGREGATED BY TYPE AND OUTCOME; UNUSU-
 AL INCIDENTS DISAGGREGATED BY TYPE AND  OUTCOME;  STAFF  USES  OF  FORCE
 DISAGGREGATED  BY  LEVEL OF INJURY TO INCARCERATED INDIVIDUALS AND STAFF
 AND OUTCOME OF ANY DISCIPLINARY OR OTHER ACTION TAKEN; OFFICE OF SPECIAL
 INVESTIGATIONS COMPLAINTS RECEIVED DISAGGREGATED BY DATE RECEIVED,  DATE
 CLOSED,  AND  OUTCOME; OPERATIONAL AND CAPITAL EXPENDITURE DISAGGREGATED
 BY FACILITY; CORCRAFT AND OTHER INDUSTRY REVENUE AND  EXPENDITURES;  AND
 WAGES  PAID  TO  INCARCERATED INDIVIDUALS. ALL SUCH DATA IN THIS SECTION
 SHALL BE DISAGGREGATED BY FACILITY, LOCATION  WITHIN  A  FACILITY  WHERE
 RELEVANT,  AND  ALL  RELEVANT  DEMOGRAPHIC CATEGORIES, INCLUDING BUT NOT
 LIMITED TO, RACE, ETHNICITY, AGE, GENDER, GENDER IDENTITY, MENTAL HEALTH
 TREATMENT LEVEL, MEDICAL CONDITIONS, PREGNANCY OR POSTPARTUM STATUS, AND
 IDENTIFICATION AS LESBIAN,  GAY,  BISEXUAL,  TRANSGENDER,  INTERSEX,  OR
 GENDER NON-CONFORMING.  THE DEPARTMENT SHALL ALSO PUBLICLY REPORT ON ITS
 WEBSITE  IN AN EASILY ACCESSIBLE LOCATION, ALL POLICIES, DIRECTIVES, AND
 MEMORANDUMS THAT ARE NOT PRIVILEGED OR CONFIDENTIAL, ALL NEW  AND  REIS-
 SUED  DIRECTIVES,  AND  ALL  NEW  MEMORANDUMS ISSUED TO THE INCARCERATED
 POPULATION OR STAFF.
   H. The ACCESS, VISITS, AND inspection of state correctional facilities
 by the correctional association pursuant to this  subdivision  shall  be
 undertaken  solely  in  furtherance  of  the  correctional association's
 lawful powers, duties and obligations, and information obtained pursuant
 to these powers shall be used solely in furtherance of the  correctional
 association's  mission.  Employees, board members and designees shall be
 required to sign [a waiver] AN ACKNOWLEDGEMENT OF  THE  FOREGOING  as  a
 condition  of entry into a correctional facility pursuant to this subdi-
 vision.
   I. IN ALL CIRCUMSTANCES IN WHICH THE DEPARTMENT HAS, OR  ENTERS  INTO,
 ANY  MEMORANDUM  OF  UNDERSTANDING  OR  SIMILAR AGREEMENT WITH ANY OTHER
 STATE OR LOCAL  AGENCY,  SUCH  AGENCY  SHALL  ALSO  BE  SUBJECT  TO  THE
 PROVISIONS OF THIS SUBDIVISION.
   J.  IN  ANY CASE WHERE THE DEPARTMENT OR OTHER AGENCY OPERATING IN THE
 PRISONS OR AN EMPLOYEE THEREOF SHALL FAIL TO COMPLY WITH THE  PROVISIONS
 OF  THIS  SUBDIVISION,  THE  CORRECTIONAL  ASSOCIATION  MAY APPLY TO THE
 SUPREME COURT FOR AN ORDER DIRECTED TO THE DEPARTMENT OR  SUCH  EMPLOYEE
 OF THE DEPARTMENT REQUIRING COMPLIANCE THEREWITH. UPON SUCH APPLICATION,
 THE  COURT  MAY ISSUE SUCH ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY
 WITH THE ORDER OF THE COURT SHALL BE A CONTEMPT OF COURT AND BE PUNISHA-
 BLE AS SUCH; ANY ACTION OR  PROCEEDING  COMMENCED  BY  THE  CORRECTIONAL
 ASSOCIATION  PURSUANT TO THIS SUBDIVISION SHALL HAVE EXPEDITED TREATMENT
 BY THE COURT.
   § 2. This act shall take effect immediately.

co-Sponsors

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2023-A6489A - Details

See Senate Version of this Bill:: S312
Law Section:: Correction Law
Laws Affected:: Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:: A10678, S9401

2023-A6489A - Summary

2023-A6489A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6489--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M. of A. WEPRIN, BURGOS, AUBRY -- read once and referred
   to the Committee on Correction --  recommitted  to  the  Committee  on
   Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the correction law, in relation to correctional facility
   visits by the correctional association
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Legislative findings. Founded in 1844 by concerned citi-
 zens of the state and deputized by  the  state  to  provide  independent
 monitoring and oversight of the state's prisons in 1846, the Correction-
 al  Association  of  New  York  is one of the first organizations in the
 country created to administer civilian oversight of  prisons  to  ensure
 greater  transparency  of  correctional  institutions  in the state. The
 Correctional Association of New York's on-site  access  to  the  state's
 prisons  and  to information on state prisons is critical for the organ-
 ization to provide insight into  the  policies  and  procedures  of  the
 state's  prisons  through  its monitoring and reporting on prison condi-
 tions, policies, and procedures  for  the  executive,  legislature,  and
 public,  playing  an important role in informing debates on correctional
 reform and incarcerated individuals' rights.
   § 2. Subdivision 3 of section 146 of the correction law, as amended by
 chapter 32 of the laws of 2021, is amended to read as follows:
   3. a. Notwithstanding any other provision of law to the contrary,  the
 correctional  association  shall be permitted to access, visit, inspect,
 and examine all state correctional facilities  [with  seventy-two  hours
 advance notice to the department].  Up to twelve people may comprise the
 visiting party[; provided, however, that only four people from the party
 may  enter  a special housing facility or unit at the same time].  Prior
 to the visitation authorized pursuant to this subdivision,  the  correc-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00661-07-4

 A. 6489--A                          2
 
 tional  association  shall  provide  to  the department on, at least, an
 annual basis a list of people who  will  be  visiting  the  facility  or
 facilities,  including  names,  dates of birth, driver's license numbers
 and their designation as an employee, board member, or designee in order
 for  the  department to perform prompt background checks. The department
 may NOT place restrictions on such  visits  and  inspections,  INCLUDING
 DURING PERIODS when a facility is locked down or experiencing a facility
 wide  emergency.    [In  addition]  HOWEVER, the department may restrict
 access to a portion of a facility in  an  emergency  situation  for  the
 duration of the emergency. For the purpose of this subdivision, an emer-
 gency shall be determined by the commissioner or his or her designee and
 defined as a significant risk to the safety or security of the facility,
 or  the health, safety or security of staff or incarcerated individuals,
 or an event that significantly compromises the operations of the facili-
 ty.
   b. [Upon twenty-four hours advance notice, at] AT the commencement AND
 CONCLUSION of any visits to, or inspections and examinations  of,  state
 correctional  facilities, the superintendent and executive team, [to the
 extent practicable] UPON REQUEST BY THE CORRECTIONAL ASSOCIATION,  shall
 meet  with the correctional association[. Upon twenty-four hours advance
 notice, the] PRIVATELY WITHOUT REPRESENTATIVES  OF  THE  CENTRAL  OFFICE
 PRESENT.    REPRESENTATIVES OF THE OFFICE OF MENTAL HEALTH AND ANY OTHER
 ENTITIES OR AGENCIES PROVIDING SERVICES IN A FACILITY  SHALL  MEET  WITH
 THE  CORRECTIONAL ASSOCIATION UPON REQUEST. THE correctional association
 may meet privately with the inmate liaison committee and representatives
 of the inmate grievance resolution committee or any  other  organization
 of incarcerated individuals recognized by the department.
   c.  [During  the  course of any such visit, inspection or examination,
 upon consent of the person  being  interviewed,  the]  THE  correctional
 association  shall  have the power to interview and converse publicly or
 confidentially with any  correctional  employee  or  ADMINISTRATOR,  any
 incarcerated individual, AND ANY OTHER PERSON PROVIDING, SUPERVISING, OR
 MONITORING  SERVICES IN A CORRECTIONAL FACILITY, WHETHER OR NOT EMPLOYED
 BY SUCH FACILITY. Such interviews shall not be restricted by the depart-
 ment OR THE OFFICE OF MENTAL HEALTH ANY  OTHER  AGENCY  or  attended  by
 anyone on behalf of the department OR THE OFFICE OF MENTAL HEALTH OR ANY
 OTHER AGENCY, nor shall there be any retaliation or adverse action taken
 by  the department or other state agency against [any incarcerated indi-
 vidual] ANYONE who [agrees to speak] SPEAKS with the correctional  asso-
 ciation.  The  department  may  not  limit the number of individuals the
 correctional association may interview or the  duration  of  the  inter-
 views[,  in  any  manner  unreasonable  under  the circumstances].   The
 correctional association shall have the power to conduct private, confi-
 dential meetings [reasonable in number under the circumstances] AT THEIR
 PLEASURE AND WITHOUT NOTICE TO THE DEPARTMENT with  incarcerated  people
 in  housing  units  and in attorney visiting rooms or other rooms in the
 facility in which  their  conversations  will  remain  confidential.  No
 department employee may attend or listen to any such meeting without the
 consent of the correctional association.
   d.  (I)  THE CORRECTIONAL ASSOCIATION MAY REQUEST AND RECEIVE FROM THE
 DEPARTMENT OR OTHER AGENCY WITH RECORDS RELEVANT TO CORRECTIONAL FACILI-
 TIES SUCH ASSISTANCE, INFORMATION AND DATA AS WILL  ENABLE  THE  CORREC-
 TIONAL ASSOCIATION TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   (A)  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE ACCESS TO THE FOLLOWING
 INFORMATION AND RECORDS ON A QUARTERLY BASIS:
 A. 6489--A                          3
 
   (1) INDIVIDUALS ADMITTED INTO CUSTODY, WHICH SHALL CONTAIN,  AT  MINI-
 MUM,  INDIVIDUAL-LEVEL  RECORDS  OF ALL INDIVIDUALS ADMITTED TO CUSTODY,
 INCLUDING THE INDIVIDUAL'S  DEPARTMENTAL  ID,  DEMOGRAPHIC  INFORMATION,
 ADMISSION  TYPE,  RECEPTION  FACILITY  NAME  AND HOUSING UNIT, RECEPTION
 DATE, SENTENCING, AND CRIME INFORMATION;
   (2)  INDIVIDUALS UNDER CUSTODY, WHICH SHALL CONTAIN, AT MINIMUM, INDI-
 VIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS PRESENTLY UNDER CUSTODY, INCLUD-
 ING THE INDIVIDUAL'S DEPARTMENTAL ID, DEMOGRAPHIC  INFORMATION,  CURRENT
 FACILITY NAME AND HOUSING UNIT, DATE OF ORIGINAL AND LATEST RECEPTION AT
 THE  FACILITY,  OUT COUNTS, SENTENCING AND CRIME INFORMATION, AND PAROLE
 ELIGIBILITY AND RELEVANT DATES;
   (3) INDIVIDUALS RELEASED FROM CUSTODY, WHICH SHALL CONTAIN,  AT  MINI-
 MUM,  INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS RELEASED FROM CUSTODY,
 INCLUDING THE INDIVIDUAL'S  DEPARTMENTAL  ID,  DEMOGRAPHIC  INFORMATION,
 RELEASING  FACILITY NAME AND HOUSING UNIT, RELEASE DATE, RELEASE COUNTY,
 SENTENCING AND CRIME INFORMATION, AND PAROLE  ELIGIBILITY  AND  RELEVANT
 DATES;
   (4)  INDIVIDUALS ON PAROLE, WHICH SHALL CONTAIN, AT MINIMUM, INDIVIDU-
 AL-LEVEL RECORDS OF ALL INDIVIDUALS ON PAROLE,  INCLUDING  THE  INDIVID-
 UAL'S  DEPARTMENTAL  ID,  DEMOGRAPHIC  INFORMATION, DISCHARGING FACILITY
 NAME AND HOUSING UNIT, START AND  RELEASE  DATE,  SENTENCING  AND  CRIME
 INFORMATION, CUSTODY STATUS, AND VOTING PARDON STATUS;
   (5)  PROGRAMMING,  EDUCATION, VOCATIONAL, AND WORK ASSIGNMENT REQUIRE-
 MENTS, ENROLLMENT, AND FULFILLMENT, WHICH  SHALL  CONTAIN,  AT  MINIMUM,
 INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS UNDER CUSTODY, INCLUDING THE
 INDIVIDUAL'S  DEPARTMENTAL  ID,  FIELDS  INDICATING  THE REQUIREMENTS OF
 THEIR  SENTENCE,  AND  INDICATORS  OF  WHETHER  THE  INDIVIDUAL  IS  NOT
 ENROLLED, IS ON THE WAITLIST, OR HAS ALREADY COMPLETED ANY SUCH REQUIRE-
 MENT;
   (6)  DEPARTMENTAL  STAFFING  LEVELS,  WHICH SHALL CONTAIN, AT MINIMUM,
 FACILITY-LEVEL RECORDS OF  BUDGETED  FILL  LEVEL,  RECOMMENDED  STAFFING
 LEVEL,  AND ACTUAL FILLED ITEMS SPLIT BY JOB CATEGORY, INCLUDING DATA ON
 STAFF ON LONG-TERM LEAVE, WORKERS COMPENSATION LEAVE, AND ON THE AVERAGE
 OF DAILY CLOSED POSTS FOR EACH QUARTER;
   (7) DEATHS, WHICH SHALL CONTAIN, AT MINIMUM, INDIVIDUAL-LEVEL  RECORDS
 OF  ALL INDIVIDUALS WHO DIED WHILE UNDER CUSTODY, INCLUDING THE INDIVID-
 UAL'S DEPARTMENTAL ID, DATE AND TIME OF DEATH,  DATE  OF  REPORT,  DEMO-
 GRAPHIC  INFORMATION,  FACILITY  NAME AND HOUSING UNIT AT TIME OF DEATH,
 LOCATION OF TERMINAL INCIDENT, REPORTED IMMEDIATE CAUSE OF DEATH, AND AN
 INDICATOR OF WHETHER AN AUTOPSY WAS PERFORMED;
   (8) UNUSUAL INCIDENTS, WHICH SHALL CONTAIN, AT  MINIMUM,  REPORT-LEVEL
 INFORMATION  FOR  ALL UNUSUAL INCIDENTS, AS DEFINED BY THE DEPARTMENT AT
 THE CURRENT TIME, INCLUDING THE INCIDENT CODE, THE NAME AND CODE OF  THE
 FACILITY  WHERE  THE INCIDENT TOOK PLACE, THE DATE AND TIME OF THE INCI-
 DENT, THE LOCATION WITHIN THE FACILITY, THE NAME AND CODE OF THE CATEGO-
 RIES AND SUBCATEGORIES INDICATED IN THE REPORT, THE ROLES OF  ALL  INDI-
 VIDUALS   INVOLVED   IN   THE   REPORT   (INCLUDING   INCARCERATED   AND
 NONINCARCERATED INDIVIDUALS), THE WEAPONS USED BY EACH  INDIVIDUAL,  THE
 TYPE  OF FORCE APPLIED BY DEPARTMENT STAFF ON EACH INDIVIDUAL, IF APPLI-
 CABLE, AND THE DEGREE OF INJURY TO STAFF AND INCARCERATED INDIVIDUALS;
   (9) DISCIPLINARY CHARGES AND PENALTIES, WHICH SHALL CONTAIN, AT  MINI-
 MUM, CHARGE-LEVEL INFORMATION FOR ALL DISCIPLINARY INCIDENTS, INCLUDING:
 THE  INCARCERATED  INDIVIDUAL'S  DEPARTMENTAL  ID AND FACILITY NAME; THE
 LOCATION,  DATE,  AND  TIME  OF  THE  INCIDENT;  THE  TIER,  CODE,   AND
 DESCRIPTION OF EACH CHARGE; THE DATE OF THE HEARING; AND THE OUTCOME AND
 PENALTY ASSOCIATED WITH EACH CHARGE;
 A. 6489--A                          4
 
   (10)  GRIEVANCES  AND APPEALS, WHICH SHALL CONTAIN, AT MINIMUM, GRIEV-
 ANCE-LEVEL INFORMATION FOR ALL GRIEVANCES  FILED  WITH  THE  DEPARTMENT,
 INCLUDING  THOSE  RESOLVED INFORMALLY, INCLUDING: THE INCARCERATED INDI-
 VIDUAL'S DEPARTMENTAL ID; ID, DATE FILED, CATEGORY, TYPE,  AND  FACILITY
 OF  THE  GRIEVANCE;  AND THE OUTCOMES AND OUTCOME DATES FOR ALL REVIEWS,
 INCLUDING THOSE BY  THE  INCARCERATED  GRIEVANCE  RESOLUTION  COMMITTEE,
 SUPERINTENDENT, AND CENTRAL OFFICE REVIEW COMMITTEE;
   (11) DEPARTMENT EMPLOYEE DISCIPLINARY RECORDS, WHICH SHALL CONTAIN, AT
 MINIMUM,  INCIDENT-LEVEL  INFORMATION FOR ALL EMPLOYEE DISCIPLINE ISSUED
 BY THE DEPARTMENT, INCLUDING THE INCIDENT FACILITY,  DATE,  POSITION  OF
 THE  RELEVANT  EMPLOYEE,  A  BRIEF  DESCRIPTION OF THE INCIDENT, AND THE
 RESULTING PENALTY; AND
   (12) PAROLE ELIGIBILITY AND HEARING OUTCOMES, WHICH SHALL CONTAIN,  AT
 MINIMUM,  INDIVIDUAL-LEVEL  RECORDS  FOR  ALL  INCARCERATED  INDIVIDUALS
 CURRENTLY UNDER CUSTODY, INCLUDING THE INCARCERATED INDIVIDUAL'S DEPART-
 MENTAL ID, PAROLE ELIGIBILITY DATE, TYPE AND DATE OF INTERVIEW, AND DATE
 AND OUTCOME OF INTERVIEW.
   (B) THE CORRECTIONAL ASSOCIATION SHALL HAVE ACCESS TO THE ANNUAL BUDG-
 ET OF CORRECTIONAL FACILITIES AND RECORDS  ON  A  YEARLY  BASIS.    SUCH
 RECORDS  SHALL  CONTAIN FACILITY AND SPENDING CATEGORY-LEVEL INFORMATION
 OF THE DEPARTMENTAL BUDGET FOR THE YEAR.
   (II) IN ORDER TO FACILITATE THE TRANSFER OF THESE RECORDS, THE DEPART-
 MENT SHALL, ON AN AT LEAST AN ANNUAL BASIS, MEET WITH  THE  CORRECTIONAL
 ASSOCIATION  TO DETERMINE THE MOST FEASIBLE WAY OF PROVIDING RECORDS AND
 DATA THAT ARE EASILY SEARCHABLE AND ELECTRONICALLY ACCESSIBLE.
   E. The correctional association shall periodically[, but not less than
 every five years,] conduct inspections of each state correctional facil-
 ity, PRIORITIZED BASED ON THE CORRECTIONAL ASSOCIATION'S  ASSESSMENT  OF
 SYSTEMIC  ISSUES,  and  [shall] issue reports and recommendations to the
 governor, the legislature and the public about the conditions and issues
 at [each such facility] CORRECTIONAL  FACILITIES.  When  preparing  such
 formal  reports  and recommendations, the correctional association shall
 submit a tentative copy  of  such  report  and  recommendations  to  the
 commissioner[.  The  commissioner may], AND, IF THE CORRECTIONAL ASSOCI-
 ATION SO CHOOSES, TO THE COMMISSIONER OF MENTAL HEALTH, COMMISSIONER  OF
 THE  PAROLE  BOARD,  COMMISSIONER  OF  THE DEPARTMENT OF HEALTH, AND ANY
 OTHER  RELEVANT  COMMISSIONERS  OR  ADMINISTRATORS.  ALL   COMMISSIONERS
 RECEIVING  SUCH REPORT SHALL submit a written response to such tentative
 report within [sixty] THIRTY days of the receipt  thereof,  INCLUDING  A
 PLAN OF ACTION FOR ADDRESSING THE FINDINGS AND RECOMMENDATIONS. When the
 correctional  association thereafter submits its final report and recom-
 mendations, it shall contain a complete copy of the  response,  if  any,
 submitted to the tentative report and recommendations.
   [e.]  F.  The correctional association may send, AND DISTRIBUTE DURING
 PRISON VISITS, CONFIDENTIAL WRITTEN AND ELECTRONIC surveys or  question-
 naires  to  people  in  custody  OR  EMPLOYEES  concerning conditions of
 confinement, WORKING CONDITIONS, or other subjects within the  scope  of
 their  mission  without prior approval of the department.  PEOPLE INCAR-
 CERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE AND RETURN TO  THE
 CORRECTIONAL  ASSOCIATION SUCH SURVEYS EITHER IN WRITTEN FORMAT OR ELEC-
 TRONICALLY. The correctional association may also receive FREE CONFIDEN-
 TIAL phone calls AND EMAILS from incarcerated individuals and/or set  up
 a  CONFIDENTIAL hotline for individuals to use if they choose to contact
 them. PHYSICAL MAIL RECEIVED AND SENT TO THE CORRECTIONAL ASSOCIATION IS
 DEFINED  AS  PRIVILEGED  CORRESPONDENCE,  AND  ANY  AND  ALL  PROCESSING
 CONTROLS, ALLOWANCES FOR LIMITED FREE POSTAGE, AND ADVANCES OF INCARCER-
 A. 6489--A                          5
 
 ATED  INDIVIDUAL FUNDS FOR POSTAGE SHALL APPLY TO PRIVILEGED CORRESPOND-
 ENCE RECEIVED AND SENT TO THE CORRECTIONAL ASSOCIATION. FOR THE PURPOSES
 OF THIS SECTION, IDENTICAL INCOMING  BLANK  SURVEYS  AND  QUESTIONNAIRES
 SHALL NOT BE DEFINED AS PRIVILEGED CORRESPONDENCE.
   [f.]  G.  The  ACCESS,  VISITS,  AND  inspection of state correctional
 facilities by the correctional association pursuant to this  subdivision
 shall  be  undertaken  solely in furtherance of the correctional associ-
 ation's lawful powers, duties and obligations, and information  obtained
 pursuant  to  these  powers  shall  be used solely in furtherance of the
 correctional association's mission.  Employees, board members and desig-
 nees shall be required to sign [a  waiver]  AN  ACKNOWLEDGEMENT  OF  THE
 FOREGOING  as a condition of entry into a correctional facility pursuant
 to this subdivision.
   H. IN ALL CIRCUMSTANCES IN WHICH THE DEPARTMENT HAS, OR  ENTERS  INTO,
 ANY  MEMORANDUM  OF  UNDERSTANDING  OR  SIMILAR AGREEMENT WITH ANY OTHER
 STATE OR LOCAL  AGENCY,  SUCH  AGENCY  SHALL  ALSO  BE  SUBJECT  TO  THE
 PROVISIONS OF THIS SUBDIVISION.
   I.  IN  ANY CASE WHERE THE DEPARTMENT OR OTHER AGENCY OPERATING IN THE
 PRISONS OR AN EMPLOYEE THEREOF SHALL FAIL TO COMPLY WITH THE  PROVISIONS
 OF  THIS  SUBDIVISION,  THE  CORRECTIONAL  ASSOCIATION  MAY APPLY TO THE
 SUPREME COURT FOR AN ORDER DIRECTED TO THE DEPARTMENT OR  SUCH  EMPLOYEE
 OF THE DEPARTMENT REQUIRING COMPLIANCE THEREWITH. UPON SUCH APPLICATION,
 THE  COURT  MAY ISSUE SUCH ORDER AS MAY BE JUST, AND A FAILURE TO COMPLY
 WITH THE ORDER OF THE COURT SHALL BE A CONTEMPT OF COURT AND BE PUNISHA-
 BLE AS SUCH; ANY ACTION OR  PROCEEDING  COMMENCED  BY  THE  CORRECTIONAL
 ASSOCIATION  PURSUANT TO THIS SUBDIVISION SHALL HAVE EXPEDITED TREATMENT
 BY THE COURT.
   § 3. This act shall take effect immediately.

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2023-A6489B (ACTIVE) - Details

See Senate Version of this Bill:: S312
Law Section:: Correction Law
Laws Affected:: Amd §146, Cor L
Versions Introduced in 2021-2022 Legislative Session:: A10678, S9401

2023-A6489B (ACTIVE) - Summary

2023-A6489B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6489--B
                                                            R. R. 166
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, BURGOS, AUBRY, HUNTER, BURDICK, GONZA-
   LEZ-ROJAS -- read once and referred to the Committee on Correction  --
   recommitted to the Committee on Correction in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Codes -- reported  and  referred  to  the
   Committee  on  Rules  --  ordered to a third reading -- amended on the
   special order of third reading, ordered reprinted as amended,  retain-
   ing its place on the special order of third reading
 
 AN ACT to amend the correction law, in relation to correctional facility
   visits by the correctional association
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative findings. Founded in 1844 by  concerned  citi-
 zens  of  the  state  and  deputized by the state to provide independent
 monitoring and oversight of the state's prisons in 1846, the Correction-
 al Association of New York is one of  the  first  organizations  in  the
 country  created  to  administer civilian oversight of prisons to ensure
 greater transparency of correctional  institutions  in  the  state.  The
 Correctional  Association  of  New  York's on-site access to the state's
 prisons and to information on state prisons is critical for  the  organ-
 ization  to  provide  insight  into  the  policies and procedures of the
 state's prisons through its monitoring and reporting  on  prison  condi-
 tions,  policies,  and  procedures  for  the executive, legislature, and
 public, playing an important role in informing debates  on  correctional
 reform and incarcerated individuals' rights.
   § 2. Subdivision 3 of section 146 of the correction law, as amended by
 chapter  32 of the laws of 2021, paragraph b of subdivision 3 as amended
 by chapter 486 of the laws of 2022, is amended to read as follows:
   3. a. Notwithstanding any other provision of law to the contrary,  the
 correctional  association  shall be permitted to access, visit, inspect,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00661-11-4
 A. 6489--B                          2
 
 and examine all state correctional facilities  [with  seventy-two  hours
 advance notice to the department].  Up to twelve people may comprise the
 visiting party[; provided, however, that only four people from the party
 may  enter  a special housing facility or unit at the same time].  Prior
 to the visitation authorized pursuant to this subdivision,  the  correc-
 tional  association  shall  provide  to  the department on, at least, an
 annual basis a list of people who  will  be  visiting  the  facility  or
 facilities,  including  names,  dates of birth, driver's license numbers
 and their designation as an employee, board member, or designee in order
 for the department to perform prompt background checks.  The  department
 may  NOT  place  restrictions  on such visits and inspections, INCLUDING
 DURING PERIODS when a facility is locked down or experiencing a facility
 wide emergency.   [In addition] HOWEVER,  the  department  may  restrict
 access  to  a  portion  of  a facility in an emergency situation for the
 duration of the emergency. For the purpose of this subdivision, an emer-
 gency shall be determined by the commissioner or his or her designee and
 defined as a significant risk to the safety or security of the facility,
 or the health, safety or security of staff or incarcerated  individuals,
 or an event that significantly compromises the operations of the facili-
 ty.
   b.  Upon  twenty-four  hours  advance  notice, at the commencement AND
 CONCLUSION of any visits to, or inspections and examinations  of,  state
 correctional  facilities, the superintendent and executive team, [to the
 extent practicable] UPON REQUEST BY THE CORRECTIONAL ASSOCIATION,  shall
 meet  with  the correctional association. Upon twenty-four hours advance
 notice, [the] PRIVATELY WITHOUT REPRESENTATIVES OF  THE  CENTRAL  OFFICE
 PRESENT,  REPRESENTATIVES  OF  THE OFFICE OF MENTAL HEALTH AND ANY OTHER
 ENTITIES OR AGENCIES PROVIDING SERVICES IN A FACILITY  SHALL  MEET  WITH
 THE  CORRECTIONAL  ASSOCIATION  UPON  REQUEST  DURING  THE COURSE OF ANY
 VISIT. THE correctional association may meet privately with  the  incar-
 cerated  individual  liaison committee and representatives of the incar-
 cerated individual grievance resolution committee or any other organiza-
 tion of incarcerated individuals recognized by the department.
   c. [During the course of any such visit,  inspection  or  examination,
 upon  consent  of  the  person  being interviewed, the] THE correctional
 association shall have the power to interview and converse  publicly  or
 confidentially  with  any  correctional  employee  or ADMINISTRATOR, any
 incarcerated individual, AND ANY OTHER PERSON PROVIDING, SUPERVISING, OR
 MONITORING SERVICES IN A CORRECTIONAL FACILITY, WHETHER OR NOT  EMPLOYED
 BY SUCH FACILITY. Such interviews shall not be restricted by the depart-
 ment  OR  THE OFFICE OF MENTAL HEALTH OR ANY OTHER AGENCY or attended by
 anyone on behalf of the department OR THE OFFICE OF MENTAL HEALTH OR ANY
 OTHER AGENCY, nor shall there be any retaliation or adverse action taken
 by the department or other state agency against [any incarcerated  indi-
 vidual]  ANYONE who [agrees to speak] SPEAKS with the correctional asso-
 ciation. The department may not limit  the  number  of  individuals  the
 correctional  association  may  interview  or the duration of the inter-
 views[, in any  manner  unreasonable  under  the  circumstances].    The
 correctional association shall have the power to conduct private, confi-
 dential meetings [reasonable in number under the circumstances] AT THEIR
 PLEASURE  AND  WITHOUT NOTICE TO THE DEPARTMENT with incarcerated people
 in housing units and in attorney visiting rooms or other  rooms  in  the
 facility  in  which  their  conversations  will  remain confidential. No
 department employee may attend or listen to any such meeting without the
 consent of the correctional association.
 A. 6489--B                          3
 
   d. THE CORRECTIONAL ASSOCIATION  MAY  REQUEST  AND  RECEIVE  FROM  THE
 DEPARTMENT  INFORMATION AND DATA AS WILL ENABLE THE CORRECTIONAL ASSOCI-
 ATION TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
   (I)  THE  CORRECTIONAL  ASSOCIATION SHALL HAVE ACCESS TO THE FOLLOWING
 INFORMATION AND RECORDS ON A QUARTERLY BASIS:
   (A) INDIVIDUALS ADMITTED INTO CUSTODY, WHICH SHALL CONTAIN,  AT  MINI-
 MUM,  INDIVIDUAL-LEVEL  RECORDS  OF ALL INDIVIDUALS ADMITTED TO CUSTODY,
 INCLUDING THE INDIVIDUAL'S  DEPARTMENTAL  ID,  DEMOGRAPHIC  INFORMATION,
 ADMISSION  TYPE,  RECEPTION  FACILITY  NAME  AND HOUSING UNIT, RECEPTION
 DATE, SENTENCING, AND CRIME INFORMATION;
   (B) INDIVIDUALS UNDER CUSTODY, WHICH SHALL CONTAIN, AT MINIMUM,  INDI-
 VIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS PRESENTLY UNDER CUSTODY, INCLUD-
 ING  THE  INDIVIDUAL'S DEPARTMENTAL ID, DEMOGRAPHIC INFORMATION, CURRENT
 FACILITY NAME AND HOUSING UNIT, DATE OF ORIGINAL AND LATEST RECEPTION AT
 THE FACILITY, OUT COUNTS, SENTENCING AND CRIME INFORMATION,  AND  PAROLE
 ELIGIBILITY AND RELEVANT DATES;
   (C)  INDIVIDUALS  RELEASED FROM CUSTODY, WHICH SHALL CONTAIN, AT MINI-
 MUM, INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS RELEASED FROM  CUSTODY,
 INCLUDING  THE  INDIVIDUAL'S  DEPARTMENTAL  ID, DEMOGRAPHIC INFORMATION,
 RELEASING FACILITY NAME AND HOUSING UNIT, RELEASE DATE, RELEASE  COUNTY,
 SENTENCING  AND  CRIME  INFORMATION, AND PAROLE ELIGIBILITY AND RELEVANT
 DATES;
   (D) INDIVIDUALS ON PAROLE, WHICH SHALL CONTAIN, AT MINIMUM,  INDIVIDU-
 AL-LEVEL  RECORDS  OF  ALL INDIVIDUALS ON PAROLE, INCLUDING THE INDIVID-
 UAL'S DEPARTMENTAL ID,  DEMOGRAPHIC  INFORMATION,  DISCHARGING  FACILITY
 NAME  AND  HOUSING  UNIT,  START  AND RELEASE DATE, SENTENCING AND CRIME
 INFORMATION, CUSTODY STATUS, AND VOTING PARDON STATUS;
   (E) PROGRAMMING, EDUCATION, VOCATIONAL, AND WORK  ASSIGNMENT  REQUIRE-
 MENTS,  ENROLLMENT,  AND  FULFILLMENT,  WHICH SHALL CONTAIN, AT MINIMUM,
 INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS UNDER CUSTODY, INCLUDING THE
 INDIVIDUAL'S DEPARTMENTAL ID,  FIELDS  INDICATING  THE  REQUIREMENTS  OF
 THEIR  SENTENCE,  AND  INDICATORS  OF  WHETHER  THE  INDIVIDUAL  IS  NOT
 ENROLLED, IS ON THE WAITLIST, OR HAS ALREADY COMPLETED ANY SUCH REQUIRE-
 MENT;
   (F) DEPARTMENTAL STAFFING LEVELS, WHICH  SHALL  CONTAIN,  AT  MINIMUM,
 FACILITY-LEVEL  RECORDS  OF  BUDGETED  FILL  LEVEL, RECOMMENDED STAFFING
 LEVEL, AND ACTUAL FILLED ITEMS SPLIT BY JOB CATEGORY, INCLUDING DATA  ON
 STAFF ON LONG-TERM LEAVE, WORKERS COMPENSATION LEAVE, AND ON THE AVERAGE
 OF DAILY CLOSED POSTS FOR EACH QUARTER;
   (G)  DEATHS, WHICH SHALL CONTAIN, AT MINIMUM, INDIVIDUAL-LEVEL RECORDS
 OF ALL INDIVIDUALS WHO DIED WHILE UNDER CUSTODY, INCLUDING THE  INDIVID-
 UAL'S  DEPARTMENTAL  ID,  DATE  AND TIME OF DEATH, DATE OF REPORT, DEMO-
 GRAPHIC INFORMATION, FACILITY NAME AND HOUSING UNIT AT  TIME  OF  DEATH,
 LOCATION OF TERMINAL INCIDENT, REPORTED IMMEDIATE CAUSE OF DEATH, AND AN
 INDICATOR OF WHETHER AN AUTOPSY WAS PERFORMED;
   (H)  UNUSUAL  INCIDENTS, WHICH SHALL CONTAIN, AT MINIMUM, REPORT-LEVEL
 INFORMATION FOR ALL UNUSUAL INCIDENTS, AS DEFINED BY THE  DEPARTMENT  AT
 THE  CURRENT TIME, INCLUDING THE INCIDENT CODE, THE NAME AND CODE OF THE
 FACILITY WHERE THE INCIDENT TOOK PLACE, THE DATE AND TIME OF  THE  INCI-
 DENT, THE LOCATION WITHIN THE FACILITY, THE NAME AND CODE OF THE CATEGO-
 RIES  AND  SUBCATEGORIES INDICATED IN THE REPORT, THE ROLES OF ALL INDI-
 VIDUALS   INVOLVED   IN   THE   REPORT   (INCLUDING   INCARCERATED   AND
 NONINCARCERATED  INDIVIDUALS),  THE WEAPONS USED BY EACH INDIVIDUAL, THE
 TYPE OF FORCE APPLIED BY DEPARTMENT STAFF ON EACH INDIVIDUAL, IF  APPLI-
 CABLE, AND THE DEGREE OF INJURY TO STAFF AND INCARCERATED INDIVIDUALS;
 A. 6489--B                          4
 
   (I)  DISCIPLINARY CHARGES AND PENALTIES, WHICH SHALL CONTAIN, AT MINI-
 MUM, CHARGE-LEVEL INFORMATION FOR ALL DISCIPLINARY INCIDENTS, INCLUDING:
 THE INCARCERATED INDIVIDUAL'S DEPARTMENTAL ID  AND  FACILITY  NAME;  THE
 LOCATION,   DATE,  AND  TIME  OF  THE  INCIDENT;  THE  TIER,  CODE,  AND
 DESCRIPTION OF EACH CHARGE; THE DATE OF THE HEARING; AND THE OUTCOME AND
 PENALTY ASSOCIATED WITH EACH CHARGE;
   (J)  GRIEVANCES  AND  APPEALS, WHICH SHALL CONTAIN, AT MINIMUM, GRIEV-
 ANCE-LEVEL INFORMATION FOR ALL GRIEVANCES  FILED  WITH  THE  DEPARTMENT,
 INCLUDING  THOSE  RESOLVED INFORMALLY, INCLUDING: THE INCARCERATED INDI-
 VIDUAL'S DEPARTMENTAL ID; ID, DATE FILED, CATEGORY, TYPE,  AND  FACILITY
 OF  THE  GRIEVANCE;  AND THE OUTCOMES AND OUTCOME DATES FOR ALL REVIEWS,
 INCLUDING THOSE BY  THE  INCARCERATED  GRIEVANCE  RESOLUTION  COMMITTEE,
 SUPERINTENDENT, AND CENTRAL OFFICE REVIEW COMMITTEE;
   (K)  DEPARTMENT EMPLOYEE DISCIPLINARY RECORDS, WHICH SHALL CONTAIN, AT
 MINIMUM, INCIDENT-LEVEL INFORMATION FOR ALL EMPLOYEE  DISCIPLINE  ISSUED
 BY  THE  DEPARTMENT,  INCLUDING THE INCIDENT FACILITY, DATE, POSITION OF
 THE RELEVANT EMPLOYEE, A BRIEF DESCRIPTION  OF  THE  INCIDENT,  AND  THE
 RESULTING PENALTY; AND
   (L)  PAROLE  ELIGIBILITY AND HEARING OUTCOMES, WHICH SHALL CONTAIN, AT
 MINIMUM,  INDIVIDUAL-LEVEL  RECORDS  FOR  ALL  INCARCERATED  INDIVIDUALS
 CURRENTLY UNDER CUSTODY, INCLUDING THE INCARCERATED INDIVIDUAL'S DEPART-
 MENTAL ID, PAROLE ELIGIBILITY DATE, TYPE AND DATE OF INTERVIEW, AND DATE
 AND OUTCOME OF INTERVIEW.
   (II)  THE  CORRECTIONAL  ASSOCIATION  SHALL  HAVE ACCESS TO THE ANNUAL
 BUDGET OF CORRECTIONAL FACILITIES AND RECORDS ON A YEARLY BASIS.    SUCH
 RECORDS  SHALL  CONTAIN FACILITY AND SPENDING CATEGORY-LEVEL INFORMATION
 OF THE DEPARTMENTAL BUDGET FOR THE YEAR.
   E. The correctional association shall periodically[, but not less than
 every five years,] conduct inspections of each state correctional facil-
 ity, PRIORITIZED BASED ON THE CORRECTIONAL ASSOCIATION'S  ASSESSMENT  OF
 SYSTEMIC  ISSUES,  and  [shall] issue reports and recommendations to the
 governor, the legislature and the public about the conditions and issues
 at [each such facility] CORRECTIONAL  FACILITIES.  When  preparing  such
 formal  reports  and recommendations, the correctional association shall
 submit a tentative copy  of  such  report  and  recommendations  to  the
 commissioner.  The commissioner [may] SHALL submit a written response to
 such tentative report within [sixty] THIRTY days of the receipt thereof,
 INCLUDING A PLAN OF ACTION FOR ADDRESSING THE FINDINGS  AND  RECOMMENDA-
 TIONS.  When  the  correctional association thereafter submits its final
 report and recommendations, it shall contain  a  complete  copy  of  the
 response, if any, submitted to the tentative report and recommendations.
   [e.]  F.  The correctional association may send, AND DISTRIBUTE DURING
 PRISON VISITS, CONFIDENTIAL WRITTEN AND ELECTRONIC surveys or  question-
 naires  to  people  in  custody  OR  EMPLOYEES  concerning conditions of
 confinement, WORKING CONDITIONS, or other subjects within the  scope  of
 their  mission  without prior approval of the department.  PEOPLE INCAR-
 CERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE AND RETURN TO  THE
 CORRECTIONAL  ASSOCIATION SUCH SURVEYS EITHER IN WRITTEN FORMAT OR ELEC-
 TRONICALLY. The correctional association may also receive FREE CONFIDEN-
 TIAL phone calls AND EMAILS from incarcerated individuals and/or set  up
 a  CONFIDENTIAL hotline for individuals to use if they choose to contact
 them. PHYSICAL MAIL RECEIVED AND SENT TO THE CORRECTIONAL ASSOCIATION IS
 DEFINED  AS  PRIVILEGED  CORRESPONDENCE,  AND  ANY  AND  ALL  PROCESSING
 CONTROLS, ALLOWANCES FOR LIMITED FREE POSTAGE, AND ADVANCES OF INCARCER-
 ATED  INDIVIDUAL FUNDS FOR POSTAGE SHALL APPLY TO PRIVILEGED CORRESPOND-
 ENCE RECEIVED AND SENT TO THE CORRECTIONAL ASSOCIATION. FOR THE PURPOSES
 A. 6489--B                          5
 
 OF THIS SECTION, IDENTICAL INCOMING  BLANK  SURVEYS  AND  QUESTIONNAIRES
 SHALL NOT BE DEFINED AS PRIVILEGED CORRESPONDENCE.
   [f.]  G.  The  ACCESS,  VISITS,  AND  inspection of state correctional
 facilities by the correctional association pursuant to this  subdivision
 shall  be  undertaken  solely in furtherance of the correctional associ-
 ation's lawful powers, duties and obligations, and information  obtained
 pursuant  to  these  powers  shall  be used solely in furtherance of the
 correctional association's mission.  Employees, board members and desig-
 nees shall be required to sign [a  waiver]  AN  ACKNOWLEDGEMENT  OF  THE
 FOREGOING  as a condition of entry into a correctional facility pursuant
 to this subdivision.
   § 3. This act shall take effect immediately.

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Assembly Bill A6489B

Sponsored By

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2023-A6489 - Details

2023-A6489 - Summary

2023-A6489 - Bill Text download pdf

co-Sponsors

2023-A6489A - Details

2023-A6489A - Summary

2023-A6489A - Bill Text download pdf

co-Sponsors

2023-A6489B (ACTIVE) - Details

2023-A6489B (ACTIVE) - Summary

2023-A6489B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A6489B

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Sponsored By

WEPRIN

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Kenny Burgos

Jeffrion Aubry

2023-A6489 - Details

2023-A6489 - Summary

2023-A6489 - Bill Text download pdf

co-Sponsors

Kenny Burgos

Jeffrion Aubry

Pamela J. Hunter

Chris Burdick

2023-A6489A - Details

2023-A6489A - Summary

2023-A6489A - Bill Text download pdf

co-Sponsors

Kenny Burgos

Jeffrion Aubry

Pamela J. Hunter

Chris Burdick

2023-A6489B (ACTIVE) - Details

2023-A6489B (ACTIVE) - Summary

2023-A6489B (ACTIVE) - Bill Text download pdf

Comments