S T A T E O F N E W Y O R K
________________________________________________________________________
6640
2025-2026 Regular Sessions
I N A S S E M B L Y
March 6, 2025
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to correctional officer
conduct and penalty for maltreatment of an incarcerated individual
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "correctional abuse accountability act".
§ 2. Section 137 of the correction law is amended by adding a new
subdivision 5-a to read as follows:
5-A. (A) IF A DEPARTMENT CORRECTIONAL OFFICER IS INVOLVED IN THE SERI-
OUS INJURY, HARM, OR OTHER MALTREATMENT, AS PROVIDED FOR IN SUBDIVISION
FIVE OF THIS SECTION, OF AN INCARCERATED INDIVIDUAL, SUCH OFFICER SHALL
BE REMOVED IMMEDIATELY AND PLACED INTO A DIFFERENT POSITION WITHIN THE
DEPARTMENT IN WHICH THE OFFICER SHALL HAVE NO DIRECT CONTACT WITH ANY
INCARCERATED INDIVIDUAL.
(B) IF A DEPARTMENT CORRECTIONAL OFFICER IS CHARGED WITH INVOLVEMENT
IN THE HOMICIDE OF AN INCARCERATED INDIVIDUAL, SUCH OFFICER SHALL BE
PLACED ON LEAVE DURING THE COURSE OF THE DEPARTMENT'S INVESTIGATION. IF
THE OFFICER IS FOUND TO HAVE BEEN INVOLVED IN THE HOMICIDE, SUCH OFFI-
CER'S EMPLOYMENT WITH THE DEPARTMENT SHALL BE TERMINATED IMMEDIATELY.
(C) NO PROVISION OF THIS SUBDIVISION SHALL BE INTERPRETED AS SHIELDING
SUCH AN OFFICER FROM CIVIL OR CRIMINAL ACTION. DEPARTMENT INVESTIGATION
NEED NOT BE COMPLETED OR HAVE IMPLICATED THE OFFICER BEFORE A CIVIL OR
CRIMINAL ACTION MAY BE COMMENCED.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09229-02-5