S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3781
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. WEPRIN, HUNTER, BURDICK, GONZALEZ-ROJAS, MEEKS,
   KELLES -- 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.   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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00543-01-5
              

 A. 3781                             2
 
 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]  THE
 COMMISSIONER'S  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 facility.
   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.
   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,
 A. 3781                             3

 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;
   (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-
 A. 3781                             4
 
 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
 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
 A. 3781                             5
 
 FOREGOING  as a condition of entry into a correctional facility pursuant
 to this subdivision.
   § 3. This act shall take effect immediately.