Assembly Bill A8453

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8453
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Correction
 
 AN ACT in relation to directing the hiring of  an  independent  investi-
   gator to investigate correctional facilities in the state; and provid-
   ing for the repeal of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act,  the  following  terms  shall
 have the following meanings:
   (a)  "Correctional facility" shall have the same meaning as defined by
 section 2 of the correction law.
   (b) "Independent  investigator"  means  the  independent  investigator
 chosen pursuant to section two of this act.
   §  2.   The comptroller shall, through a request for proposal process,
 hire an independent investigator, upon joint approval by  the  governor,
 the  temporary president of the senate, and the speaker of the assembly.
 The independent investigator shall be a corporation, partnership, limit-
 ed liability company, or other entity chosen from  the  private  sector.
 The  purpose of the independent investigator shall be to investigate all
 42 correctional facilities in the state to identify any  negative  poli-
 cies and practices existing at such correctional facilities.
   §  3.  The independent investigator shall have the power and authority
 to:
   (a) conduct investigations in accordance with its  purpose  as  estab-
 lished under section two of this act;
   (b) consult with any organization, government entity, or person in the
 performance of its duties under this act;
   (c)  direct the department of corrections or any correctional facility
 in the state to grant the independent investigator access to the depart-
 ment of corrections or any such correctional facility or records  there-
 of; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11980-02-5
              

 A. 8453                             2
 
   (d) conduct interviews with employees of the department of corrections
 or  any correctional facility in the state, or any incarcerated individ-
 uals held at any such correctional facilities.
   §  4.  The  independent  investigator  shall demonstrate impartiality,
 ethical conduct, thoroughness, professionalism, and accurate  documenta-
 tion  of  all activities during the performance of all duties under this
 act.
   § 5. Upon completion of a thorough  investigation  as  required  under
 this  act,  the  independent  investigator  shall submit a report to the
 governor, the temporary president of the  senate,  the  speaker  of  the
 assembly, and the commissioner of corrections and community supervision,
 that shall include the findings and any recommendations of the independ-
 ent investigator.
   §  6. This act shall take effect immediately and shall expire upon the
 submission of the report as required under section  five  of  this  act;
 provided,  however,  that  the commissioner of corrections and community
 supervision shall notify the legislative bill drafting  commission  upon
 the  submission of such report in order that the commission may maintain
 an accurate and timely effective data base of the official text  of  the
 laws  of  the  state  of  New  York  in  furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.