S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1513
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT to amend the civil service law, in relation to safe staffing for
   public employees of institutional settings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent. It is in the interest and the responsi-
 bility  of the state and local governments to provide for a safe, stable
 and humane environment for residents and staff of the custodial  facili-
 ties  within  the state of New York. The maintenance of order, security,
 safety and care for all in custodial facilities currently falls  upon  a
 workforce  stretched  beyond  its  limits.  Recruitment and retention of
 staff is at a crisis at all levels and  in  all  facilities  within  the
 state. Double and triple shifts are the norm, creating unsafe conditions
 for  residents  and staff. Therefore, it is in the interest of the state
 to set maximum overtime levels to ensure staff safety and a humane envi-
 ronment for residents of custodial facilities.
   § 2. The civil service law is amended by adding a new section  137  to
 read as follows:
   §  137.  SAFE STAFFING FOR PUBLIC EMPLOYEES OF INSTITUTIONAL SETTINGS.
 1. THIS SECTION SHALL APPLY TO AND COVER THE FOLLOWING FACILITIES:
   (A) CORRECTIONAL FACILITIES, AS DEFINED BY SUBDIVISION FOUR OF SECTION
 TWO OF THE CORRECTION LAW.
   (B) LOCAL CORRECTIONAL FACILITIES, AS DEFINED BY  SUBDIVISION  SIXTEEN
 OF SECTION TWO OF THE CORRECTION LAW.
   (C)  FACILITIES  REGULATED  BY THE OFFICE OF MENTAL HEALTH PURSUANT TO
 SECTION 7.17 OF THE MENTAL HYGIENE LAW.
   (D) JUVENILE OFFENDER AND ADOLESCENT OFFENDER FACILITIES  PURSUANT  TO
 SECTION FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
   (E)  FACILITIES  REGULATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES PURSUANT TO TITLE FOURTEEN OF THE NEW YORK CODES, RULES AND
 REGULATIONS.
   2. (A) EXCEPT DURING A DECLARED STATE OF  EMERGENCY,  DEFINED  AS  THE
 EVENT  OF  RIOTS,  PRISON  BREAKS  OR OTHER SIMILAR EMERGENCIES, OR WITH
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03568-01-5
 A. 1513                             2
 
 TWENTY-FOUR HOUR  NOTICE  TO  THE  HEAD  OF  THE  FACILITY'S  COLLECTIVE
 BARGAINING  UNIT,  A  FACILITY  SHALL  NOT MANDATE OR OTHERWISE REQUIRE,
 DIRECTLY OR INDIRECTLY, AN EMPLOYEE TO WORK OR BE ON DUTY IN  EXCESS  OF
 ANY ONE OF THE FOLLOWING:
   (I) THE SCHEDULED WORK SHIFT OR DUTY PERIOD;
   (II)  SEVENTEEN HOURS IN A TWENTY-FOUR HOUR PERIOD, INCLUDING TIME FOR
 MEAL BREAKS; OR
   (III) EIGHTY HOURS IN A CONSECUTIVE FOURTEEN-DAY PERIOD.
   (B) FOR PURPOSES OF THIS  SUBDIVISION,  "MANDATE"  MEANS  ANY  REQUEST
 WHICH,  IF REFUSED OR DECLINED BY THE EMPLOYEE, MAY RESULT IN DISCHARGE,
 DISCIPLINE, LOSS OF PROMOTION, OR OTHER ADVERSE EMPLOYMENT  CONSEQUENCE.
 NOTHING  IN THIS SECTION IS INTENDED TO PROHIBIT AN EMPLOYEE FROM VOLUN-
 TARILY WORKING OVERTIME.
   (C) EXCEPT DURING A DECLARED STATE OF EMERGENCY, AS DEFINED  IN  PARA-
 GRAPH (A) OF THIS SUBDIVISION:
   (I)  NO EMPLOYEE SHALL WORK OR BE ON DUTY MORE THAN SEVENTEEN HOURS IN
 ANY TWENTY-FOUR HOUR PERIOD.
   (II) ANY EMPLOYEE WORKING SEVENTEEN  HOURS  IN  ANY  TWENTY-FOUR  HOUR
 PERIOD  MUST HAVE AT LEAST EIGHT CONSECUTIVE HOURS OFF DUTY BEFORE BEING
 REQUIRED TO RETURN TO DUTY.
   (III) NO EMPLOYEE SHALL BE REQUIRED TO WORK OR BE ON  DUTY  MORE  THAN
 SEVEN CONSECUTIVE DAYS WITHOUT AT LEAST ONE CONSECUTIVE TWENTY-FOUR HOUR
 PERIOD OFF DUTY WITHIN THAT TIME.
   3. A WORK SHIFT SCHEDULE OR OVERTIME PROGRAM ESTABLISHED PURSUANT TO A
 COLLECTIVE  BARGAINING  AGREEMENT NEGOTIATED ON BEHALF OF THE HEALTHCARE
 EMPLOYEES BY A BONA FIDE LABOR ORGANIZATION MAY  PROVIDE  FOR  MANDATORY
 ON-DUTY  HOURS  IN EXCESS OF THAT PERMITTED UNDER THIS SECTION, PROVIDED
 ADEQUATE MEASURES ARE INCLUDED IN THE AGREEMENT TO ENSURE AGAINST EXCES-
 SIVE FATIGUE ON THE PART OF THE AFFECTED EMPLOYEES.
   4. THE ADMINISTRATORS OF A FACILITY COVERED UNDER THIS  SECTION  SHALL
 FILE A REPORT ON A QUARTERLY BASIS TO THE EXECUTIVE OFFICER, LEGISLATIVE
 BODY  OF THE POLITICAL SUBDIVISION OF SUCH FACILITY AND THE HEAD OF SUCH
 FACILITY'S COLLECTIVE BARGAINING UNITS, WHO  SHALL,  UPON  REVIEW,  MAKE
 SUCH  REPORTS  AVAILABLE  TO  THE  PUBLIC ON THE FACILITY'S OR GOVERNING
 AGENCY'S WEBSITE. SUCH QUARTERLY REPORT SHALL INCLUDE THE FOLLOWING:
   (A) INFORMATION ON CURRENT STAFFING LEVELS BY POSITION OR TITLE;
   (B) STAFF RESIGNATIONS AND RETIREMENTS;
   (C) NUMBER OF FULL-TIME EQUIVALENT POSITIONS THAT HAVE  BEEN  BUDGETED
 FOR;
   (D)  WAITING LISTS FOR INDIVIDUALS ELIGIBLE TO RECEIVE CARE IN A RESI-
 DENTIAL SETTING;
   (E) STEPS TAKEN TO RECRUIT STAFF FOR NEW OR VACANT POSITIONS;
   (F) ASSAULTS AND INJURIES TO STAFF, INCLUDING BUT NOT LIMITED TO SEXU-
 AL ASSAULTS; AND STAFF ON MEDICALLY MONITORED OR INDEFINITE SICK  LEAVE;
 AND
   (G)  ADDITIONAL  INFORMATION  FOR  CORRECTIONAL  FACILITIES, INCLUDING
 CLASSIFICATION OF INCARCERATED INDIVIDUALS BY FACILITY  AND  INFORMATION
 ON MANNED POSTS, PERMANENT FACILITY POSTS, AND TEMPORARY POSTS.
   5.  THE  PROVISIONS OF THIS SECTION ARE INTENDED AS A REMEDIAL MEASURE
 TO ENSURE STAFF SAFETY AND A HUMANE ENVIRONMENT FOR RESIDENTS OF  CUSTO-
 DIAL  FACILITIES,  AND  SHALL  NOT BE CONSTRUED TO DIMINISH OR WAIVE ANY
 RIGHTS OF ANY EMPLOYEE PURSUANT TO ANY OTHER LAW, REGULATION, OR COLLEC-
 TIVE BARGAINING AGREEMENT.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.