Assembly Bill A2315

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2315
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by M. of A. GALLAGHER, FORREST, MAMDANI, JACOBSON, SHRESTHA,
   EPSTEIN, KELLES, WEPRIN, MITAYNES, LEVENBERG,  GIBBS,  DAVILA,  REYES,
   RAGA,   TAPIA,  SHIMSKY,  GONZALEZ-ROJAS,  GALLAHAN,  BURDICK,  SIMON,
   TAYLOR, COOK -- read once and referred to the Committee on 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.
   (B) THE MEMBERS APPOINTED SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  AT
 LEAST ONE OF EACH OF THE FOLLOWING:
   (I)  A PERSON FORMERLY INCARCERATED IN A CORRECTIONAL FACILITY LOCATED
 IN NEW YORK;
   (II) A PUBLIC HEALTH PROFESSIONAL;
   (III) A BEHAVIORAL HEALTHCARE PROFESSIONAL;
   (IV) AN ATTORNEY DULY LICENSED TO PRACTICE IN THIS  STATE  WHO  HAS  A
 PROFESSIONAL BACKGROUND IN INDIGENT CRIMINAL DEFENSE SERVICES OR PRISON-
 ER'S RIGHTS LITIGATION; AND
   (V)  A PROFESSIONAL IN ANY OTHER FIELD DEEMED USEFUL FOR THE PROMOTION
 OF AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM.
   (C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY  designate
 one  of  the  appointed  members  as [chairman] CHAIRPERSON to serve [as
 such] at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure [of the  gover-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00923-01-5
              

 A. 2315                             2

 nor].  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] APPOINTING AUTHORITY WHO NOMINATED THE MEMBER for cause after
 an opportunity to be heard in [his] SUCH MEMBER'S 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] SUCH NEW MEMBER is to succeed.  Vacancies caused by expiration
 of term or otherwise shall be filled in  the  same  manner  as  original
 appointments.
   § 2. This act shall take effect immediately.