NY State Senate Bill 2023-S8438

Senate Bill S8438

2023-2024 Legislative Session

Requires the county sheriff to oversee an annual jail staffing analysis and provide a report to the commission of corrections and community supervision

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2024	referred to crime victims, crime and correction

2023-S8438 (ACTIVE) - Details

See Assembly Version of this Bill:: A8444
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §500-b, Cor L; amd §264, Exec L

2023-S8438 (ACTIVE) - Summary

Requires the county sheriff to oversee an annual jail staffing analysis and provide a report to the commission of corrections and community supervision and give the public the opportunity to view the statistics of their local county jail.

2023-S8438 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8438

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law and the executive law, in relation to
setting standards for jail staffing analysis; providing the public the
opportunity to view the statistics of their local county jail

 
PURPOSE:

Requires the county sheriff to oversee an annual jail staffing analysis
and provide a report to the commission of corrections and community
supervision.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 500-b of the correction law to
direct county sheriffs or their designees to conduct an annual jail
staffing analysis and describes the methodology and criteria for consid-
eration of such an analysis.

Section 2 amends subdivision 9 of section 500-b of the corrections law
to clarify requirements for jail staffing levels at county jails.

Section 3 amends subdivision 10 of section 500-b of the correction law
to describe the requirements of a quarterly report on the housing of
incarcerated individuals.

Section 4 amends subdivision 1 of section 264 of the executive law to
describe the abilities of the commission on corrections to ensure
compliance with the terms of this act.

Section 5 sets the effective date.

 
JUSTIFICATION:

County Jails in New York State have experienced a steady population
decline over the past several years. The 2022 population of all jail
facilities in the state was 15,494 compared to 25,059 in 2015. Given
this trend, as well as the diverse array of programmatic needs in Count
Jails, the mandatory staffing ratios set by the NYS Commission on
Corrections may be misaligned with the demands of efficient and effec-
tive Jail administration by County Sheriffs' Departments.

Mandatory minimum staffing ratios present both administrative and fiscal
challenges for jail administration. County Jail administrators have
cited the mandatory minimum staffing ratios as a challenge in adminis-
tering medication assisted treatment programs as well as other educa-
tional and career programs for individuals incarcerated at these facili-
ties. Moreover, mandatory minimum staffing ratios can result in a
maldistribution of department resources by artificially inflating oper-
ating expenses in situations where there is minimal implication of these
ratios on Correction Officer safety.

This legislation allows local County Sheriff's Departments to conduct
their own analyses of County Jail staffing utilizing nationally recog-
nized methodologies that balance staff safety and Department efficiency
in lieu of utilizing the analysis Commission on Corrections analysis.
The local analysis would account for the staffing needs of a particular
jail's population and account for disability and medical related
demands. This change would allow local Departments greater flexibility
and enable them to rely on more localized analysis of in serving the
needs of their community.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8438 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8438
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 and the executive law, in relation to
   setting standards for jail staffing analysis; providing the public the
   opportunity to view the statistics of their local county jail

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 8, 9, 10, 11, 12 and 13 of  section  500-b  of
 the correction law are renumbered subdivisions 9, 10, 11, 12, 13 and 14,
 and a new subdivision 8 is added to read as follows:
   8.  (A)  THE  COUNTY  SHERIFF OR SUCH DESIGNEE SHALL OVERSEE AN ANNUAL
 JAIL STAFFING ANALYSIS USING THE STAFFING ANALYSIS METHODOLOGY DEVELOPED
 BY THE NATIONAL INSTITUTE OF CORRECTIONS.    SUCH  ANALYSIS  SHALL  ALSO
 CONSIDER THE FOLLOWING CRITERIA:
   (1)  BEST PRACTICES IN THE PRISON RAPE ELIMINATION ACT AND OTHER STATE
 AND FEDERAL GUIDELINES REGARDING THE  RATIO  OF  UNIFORMED  OFFICERS  TO
 INCARCERATED  PEOPLE,  WHERE  SUCH RATIO IS CALCULATED USING THE AVERAGE
 OFFICER HEADCOUNT AND AVERAGE DAILY POPULATION FROM THE PREVIOUS  CALEN-
 DAR YEAR;
   (2) OFFICERS WHO REQUIRED MEDICAL TREATMENT, WERE PERMANENTLY DISABLED
 IN THE COURSE OF THEIR DUTY, OR PLACED ON LIGHT DUTY PURSUANT TO SECTION
 TWO HUNDRED SEVEN-C OF THE GENERAL MUNICIPAL LAW; AND
   (3)  EFFICIENT  USE OF STAFF AND RESOURCES THAT DEPLOY UNIFORMED OFFI-
 CERS ONLY TO POSTS UNSUITABLE FOR CIVILIAN STAFF.
   (B) THE SHERIFF OR DESIGNEE SHALL SUBMIT ITS JAIL STAFFING ANALYSIS TO
 THE COMMISSION BY APRIL FIRST OF EVEN-NUMBERED YEARS, AND THE COMMISSION
 SHALL PROVIDE WRITTEN APPROVAL, OR DENIAL WITH COMMENTS, FOR ALL  STAFF-
 ING  ANALYSES  WITHIN  NINETY DAYS OF THE SUBMISSION OF THE ANALYSIS. IF
 THE COMMISSION DENIES THE ANALYSIS, THE SHERIFF OR DESIGNEE  SHALL  HAVE
 THIRTY DAYS FROM THE RECEIPT OF ANY DENIAL TO REMEDIATE AND RESUBMIT ITS
 STAFFING  ANALYSIS,  WHICH  THE  COMMISSION  SHALL REVIEW AND RESPOND TO
 WITHIN THIRTY DAYS OF RECEIPT. THE COMMISSION SHALL NOT GRANT  VARIANCES
 TO  ANY  COUNTIES  REGARDING  THEIR  ANNUAL  JAIL STAFFING ANALYSIS. THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13756-01-3
 S. 8438                             2
 
 COMMISSION  SHALL  PUBLISH  ALL  STAFFING  ANALYSES,  REMEDIATIONS,  AND
 APPROVALS  IN  A  PROMINENT  PLACE  ON ITS WEBSITE IN A MACHINE-READABLE
 FORMAT.
   § 2. Paragraph (a) of subdivision 9 of section 500-b of the correction
 law,  as  added  by chapter 907 of the laws of 1984 and as renumbered by
 section one of this act, is amended to read as follows:
   (a) [minimum staffing requirements] THE APPROPRIATE LEVEL AND  DEPLOY-
 MENT OF STAFF FOR EACH COUNTY JAIL; or
   § 3. Subdivision 10 of section 500-b of the correction law, as amended
 by  chapter 574 of the laws of 1985 and the opening paragraph as amended
 by chapter 322 of the laws of 2021 and as renumbered by section  one  of
 this act, is amended to read as follows:
   10. The chief administrative officer shall forward to the commission a
 quarterly  report  relative  to the housing of incarcerated individuals.
 SUCH UPDATES SHALL ALSO BE POSTED CONSPICUOUSLY ON THE  WEBSITE  OF  THE
 COMMISSION  AND OF THE LOCAL CORRECTIONAL FACILITY IN A MACHINE-READABLE
 FORMAT. The report shall include, but not be limited to:
   (a) all unusual incidents or assaults  occurring  in  a  housing  unit
 CATEGORIZED  BY  USE  OF  FORCE  AGAINST  PEOPLE IN CUSTODY, ASSAULTS ON
 STAFF, VIOLENCE AMONG PEOPLE IN CUSTODY, AND OTHER INCIDENTS,  INCLUDING
 PLACEMENT  IN  SOLITARY  CONFINEMENT,  AND  THE RACE, SEX, MENTAL HEALTH
 DIAGNOSIS, PHYSICAL DISABILITY, INTELLECTUAL  DISABILITY,  DEVELOPMENTAL
 DISABILITY,  AND/OR  TRAUMATIC BRAIN INJURY OF THE INCARCERATED INDIVID-
 UALS INVOLVED;
   (b) staffing SEGMENTED INTO THE FOLLOWING CATEGORIES: UNIFORMED  OFFI-
 CERS  PERFORMING  CUSTODY-RELATED  WORK,  UNIFORMED  OFFICERS PERFORMING
 ADMINISTRATIVE DUTIES, AND CIVILIAN ADMINISTRATIVE STAFF;
   (c) daily prisoner population counts SEGMENTED BY CHARGE TYPE,  ADMIS-
 SION STATUS (SENTENCED, BOARDED IN, BOARDED OUT, CIVIL, FEDERAL, TECHNI-
 CAL PAROLE VIOLATORS, STATE READIES, PRETRIAL, OTHER), RACE, SEX, MENTAL
 HEALTH DIAGNOSIS, PHYSICAL DISABILITY, INTELLECTUAL DISABILITY, DEVELOP-
 MENTAL  DISABILITY,  TRAUMATIC  BRAIN INJURY, AND/OR DIAGNOSED SUBSTANCE
 USE DISORDER;
   (D) MEAN AND MEDIAN LENGTH OF STAY;
   [(d)] (E) verification that the locality is maintaining  security  and
 supervision  records  as mandated pursuant to the commission's rules and
 regulations;
   (F) A LIST AND BRIEF DESCRIPTION OF ALL PROGRAMS AVAILABLE  TO  PEOPLE
 IN  DETENTION,  INCLUDING  BUT  NOT  LIMITED TO PROGRAMS OFFERING MENTAL
 HEALTH TREATMENT, SUBSTANCE  USE  TREATMENT,  AND  VOCATIONAL  TRAINING;
 REQUIREMENTS  FOR  PARTICIPATION;  NUMBER OF PARTICIPANTS PER QUARTER BY
 PROGRAM; CAPACITY OF EACH PROGRAM; AND COMPLETION RATES;
   (G) NOTIFICATION  OF  ANY  INSTANCE  IN  WHICH  A  JAIL  EMPLOYS  MORE
 CORRECTIONS  OFFICERS  THAN  THE  AVERAGE  DAILY POPULATION, WHICH SHALL
 INCLUDE ANY RELEVANT JUSTIFICATION AND A REMEDIATION PLAN TO BE EXECUTED
 WITHIN SIX MONTHS;
   [(e)] (H) court orders which have been  issued  and  which  relate  to
 staffing, jail capacity or security requirements; and
   [(f)] (I) any other information requested by the commission and avail-
 able to the chief administrative officer with respect to this section.
   §  4. Subdivision 1 of section 264 of the executive law, as amended by
 section 30 of part A of chapter 56 of the laws of 2010,  is  amended  to
 read as follows:
   1.  If  at  any  time  the office determines that a county plan is not
 being complied with, it shall notify  the  advisory  board  through  the
 chairperson  and  the  state commission of correction in writing of such
 S. 8438                             3
 
 fact, and it shall withhold any portion of state funds  not  theretofore
 allocated. Such notice shall state the particular reasons for the deter-
 mination  and  demand  compliance with the plan within sixty days of the
 notice,  setting  forth  the specific actions deemed necessary to secure
 compliance. If compliance is forthcoming the board and the state commis-
 sion of correction shall be notified of such fact  in  writing  and  any
 state  funds  heretofore  withheld shall be released. If compliance with
 the plan is not fulfilled within such time or within a thirty day exten-
 sion period as authorized herein, the office shall notify  the  advisory
 board  through  the  chairperson and the state commission of correction.
 Upon such notification, the county shall be deemed in noncompliance with
 the approved plan and the provisions  of  subdivision  [eight]  NINE  of
 section five hundred-b of the correction law shall be applied.
   An extension may be granted by the office for a thirty day period upon
 a  request by the board through the chairperson, where the office deter-
 mines it to be appropriate, setting forth specific reasons  for  a  need
 for  an  extension  and  the  steps  which  shall be undertaken to be in
 compliance at the end of such period.
   Any notification by the office  of  non-compliance  pursuant  to  this
 section  shall  be deemed a final determination for purposes of judicial
 review.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided however, that:
   1. the amendments to section 500-b  of  the  correction  law  made  by
 sections  one, two and three of this act, shall not affect the repeal of
 such section and shall be deemed repealed therewith.
   2. the amendments to subdivision 1 of section 264 of the executive law
 made by section four of this act shall not affect  the  repeal  of  such
 section and shall be deemed repealed therewith.
   3. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made  and  completed  by  the  state
 commissioner  of corrections and community supervision on or before such
 effective date.

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