NY State Senate Bill 2023-S5877

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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
Jan 03, 2024	referred to crime victims, crime and correction
Mar 20, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S5877 (ACTIVE) - Details

See Assembly Version of this Bill:: A5709
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §41, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S8161, A8461

2023-S5877 (ACTIVE) - Summary

Increases the number of members on the state commission of correction and provides for the manner of confirmation of such members.

2023-S5877 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5877

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the membership of the
state commission of correction

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill expands the membership of the state commission of correction
from three to nine members, adds requirements for certain types of
professional expertise among members, and reapportions the nominations
of members between the legislature, governor, and correctional associ-
ation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 1 of section forty-one of the correction
law to add six new members to the commission of correction. The governor
retains the right to appoint three members, while the speaker of the
assembly, president pro tempore of the senate, and the correctional

association gain two nominations each.  Provisions requiring a joint
legislative hearing on the qualifications of nominees and one month's
notice of such nomination before an appointment may be made are added.

Paragraph (b) of section forty-one is amended to require that nominees
put forward by the legislature must have professional expertise in
public health, behavioral healthcare, and indigent defense services or
prisoner's rights litigation, and that one appointee be a person who was
formerly incarcerated. The remaining members may be at-large, and the
members of the commission are authorized to designate their own chairman
annually.

Subdivision two of section forty-one is amended to stagger the appoint-
ments of the new commissioners.

Subdivision three of section forty-one is amended to permit the members
of the commission to temporarily fill seats that have been vacant for a
period of 180 days or longer.

Section two is the effective date.

 
JUSTIFICATION:

The State Commission of Correction was created pursuant to the 1894
constitution of the state of New York and originally featured nine
commissioners. It has always been intended to provide independent over-
sight and regulatory power over any correctional facility in New York
State, from police lock-ups to jails and state prisons. In order to
increase the diversity of the perspectives and expertise of the commis-
sioners, six new commissioners are added to the commission, which
currently features only three members, all of whom have spent their
careers in correctional administration. In order to curtail the influ-
ence of the executive branch over the commission's activities, given
that the state prison system is a part of the executive branch of
government, four of the nominations are delegated to the legislature and
two to the correctional association.

The correctional association is a state-chartered, independent non-pro-
fit organization that has been inspecting New York state prisons since
the 1840s pursuant to unique statutory privileges and is well-suited to
participate in the determination of the commission's membership. This
bill, if enacted, would strengthen the role of the SCOC in providing
independent oversight over state and local correctional facilities in
New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill. A prior version of this bill, S 8161 (Hoylman-Sigal) (2022)
died in committee.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This bill is effective immediately.

2023-S5877 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5877
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00210-05-3

 S. 5877                             2
 
 PRISONER'S  RIGHTS LITIGATION.   THE REMAINING MEMBERS OF THE COMMISSION
 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.

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Senate Bill S5877

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

2023-S5877 (ACTIVE) - Details

2023-S5877 (ACTIVE) - Summary

2023-S5877 (ACTIVE) - Sponsor Memo

2023-S5877 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5877

Share this bill

Sponsored By

Julia Salazar

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

co-Sponsors

James Skoufis

2023-S5877 (ACTIVE) - Details

2023-S5877 (ACTIVE) - Summary

2023-S5877 (ACTIVE) - Sponsor Memo

2023-S5877 (ACTIVE) - Bill Text download pdf

Comments