NY State Senate Bill 2025-S651A

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2025	print number 651a
May 23, 2025	amend and recommit to crime victims, crime and correction
Jan 08, 2025	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

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2025-S651 - Details

See Assembly Version of this Bill:: A3781
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §146, Cor L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S9401, A10678
2023-2024: S312, A6489

2025-S651 - Summary

Relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time and without advance notice; grants the correctional association access to certain records and information of correctional facilities.

2025-S651 - Sponsor Memo

                                 
BILL NUMBER: S651

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to correctional facility
visits by the correctional association

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation seeks to provide the Correctional Association of NY
with the tools needed to properly fulfill its unique role as a watchdog
of the state's correctional system. This bill restores some of the
powers the legislature adopted in 2020 that were removed during the
chapter amendment process by the then-Governor, address roadblocks that
have restricted CANY's ability to perform its mandated role, and further
seeks to bring CANY's access authority in line with nationally recog-
nized best practices for correctional monitoring.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides legislative findings that detail CANY's history and

purpose and emphasizes the unique, critical, and necessary civilian
oversight role that CANY plays in NY State and the positive impact CANY
has had on informing public discourse relating to correctional reform
and the rights of incarcerated individuals.

Section 2 amends Correction Law section 146 (3) to provide the CANY with
the ability to access, visit, inspect, and examine all correctional
facilities. This section further provides CANY with access to all
records of the Department (except as limited by state or federal law).
The only time DOCCS can restrict access is during an emergency as
defined in this section, and even in an emergency situation, they may
only restrict access to the impacted portion of the facility. This
section also mandates the CANY to periodically issue public reports and
recommendations based on their inspections, after having provided draft
reports to the Department in advance and allowing the Department to
respond with a plan of action to address the findings. The finalized
CANY report must contain the Department's response, if any. This section
also requires that all mail sent to CANY be considered privileged corre-
spondence, and that all rules for privileged correspondence apply.

Section 3 provides for an effective date.

 
JUSTIFICATION:

The Correctional Association of NY serves a unique and vital role in
shedding light on conditions within NY's prisons and in advocating for
reforms. Founded in 1844, CANY was granted authority two years later by
the New York State Legislature to monitor prisons and to report findings
to the legislature and the broader public. The only private organization
in New York with such access to prisons, CANY has remained steadfast in
its commitment to inform the public debate on criminal justice for more
than 175 years. CANY has also played a role in shaping and securing
major criminal justice reforms in New York, on topics ranging from
repealing mandatory minimum sentences for drug crimes to ending the
shackling of incarcerated pregnant women during labor. Unfortunately,
certain of their powers were limited by a chapter amendment in 2021. The
goal of this legislation is to enhance and expand the ability of CANY to
monitor state prisons and to make transparent for the public, the legis-
lature, and the Governor what is actually happening behind prison walls.

The value of the work performed by CANY can be seen in the in-depth
periodic reports CANY issues, after in-person visits and inspections,
gathering of data, speaking directly with incarcerated individuals as
well as with DOCCS officials and staff, and obtaining input from DOCCS
on draft reports prior to the reports being finalized. The reports can
be found on CANNY's website at https://www.correctionalassociation.org/
.

The significance of the work of CANY was highlighted in December 2024
after the brutal killing of Robert Brooks by correction staff members at
Marcy Correctional Facility. The video recordings of the multiple
assaults by staff on Mr. Brooks in the facility infirmary as medical
staff members looked on were shocking to all. However, the violent
culture among staff members at Marcy CF visible in those video
recordings was not news to anyone who had reviewed the report issued by
CANY in 2023, which noted the particularly high level of reported
violence by staff members, including racialized incidents. See:
https://www.correctionalassociation.org/postvisit-
briefingrecommendations/ 2023-10-marcy

The modifications to existing law in this bill would enable CANY to
properly perform its unique role, thereby improving the safety, health,
and well-being of incarcerated individuals as well as staff.

 
SOCIAL JUSTICE IMPACT:

This legislation will have a significant social justice impact as it
would help to hold DOCCS accountable to the people of NY and would
improve the safety, health, and well-being of all incarcerated individ-
uals and staff. This legislation would also serve to inform the legisla-
ture and the Governor of what is actually taking place in the state's
prisons and would provide the basis for further positive and necessary
reforms of the state's prison system.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2024: S312B (Salazar) - Referred to Crime Victims, Crime and Correction,
Amended.

2023: S312A (Salazar)- Referred to Crime Victims, Crime and Correction.

2022: S9401 (Salazar)- Referred to Crime Victims, Crime and Correction.

ASSEMBLY:

2024: A6489B (Weprin) - Referred to Correction, Amended.

2023: A6489A (Weprin)- Referred to Correction

2022: A10678 (Weprin)- Referred to Correction

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2025-S651 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    651
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT,  CLEARE,  FERNANDEZ, KRUEGER,
   MYRIE, RIVERA, SEPULVEDA -- read twice and ordered printed,  and  when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00543-01-5
 S. 651                              2
 
 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
 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:
 S. 651                              3
 
   (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,
 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;
 S. 651                              4
 
   (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-
 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
 S. 651                              5
 
 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
 FOREGOING  as a condition of entry into a correctional facility pursuant
 to this subdivision.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S651A (ACTIVE) - Details

See Assembly Version of this Bill:: A3781
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §146, Cor L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S9401, A10678
2023-2024: S312, A6489

2025-S651A (ACTIVE) - Summary

2025-S651A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S651A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to correctional facility
visits by the correctional association

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This legislation seeks to provide the Correctional Association of NY
with the tools needed to properly fulfill its unique role as a watchdog
of the state's correctional system. This bill restores some of the
powers the legislature adopted in 2020 that were removed during the
chapter amendment process by the then-Governor, address roadblocks that
have restricted CANY's ability to perform its mandated role, and further
seeks to bring CANY's access authority in line with nationally recog-
nized best practices for correctional monitoring.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides legislative findings that detail CANY's history and

purpose and emphasizes the unique, critical, and necessary civilian
oversight role that CANY plays in NY State and the positive impact CANY
has had on informing public discourse relating to correctional reform
and the rights of incarcerated individuals.

Section 2 amends Correction Law section 146 (3) to provide the CANY with
the ability to access, visit, inspect, and examine all correctional
facilities without notice. This section further provides CANY with
access to records of the Department (except as limited by state or
federal law). The only time DOCCS can restrict access is during an emer-
gency as defined in this section, and even in an emergency situation,
they may only restrict access to the impacted portion of the facility.
This section also mandates the CANY to periodically issue public reports
and recommendations based on their inspections, after having provided
draft reports to the Department in advance and allowing the Department
to respond with a plan of action to address the findings. The finalized
CANY report must contain the Department's response, if any. This section
also requires that all mail sent to CANY be considered privileged corre-
spondence, and that all rules for privileged correspondence apply.

Section 3 provides for an effective date.

 
AMENDED BILL:

The "A" print clarifies some of the data the correctional association
will receive and removes some of the data that would be required for
DOCCS to provide.

 
JUSTIFICATION:

The Correctional Association of NY serves a unique and vital role in
shedding light on conditions within NY's prisons and in advocating for
reforms. Founded in 1844, CANY was granted authority two years later by
the New York State Legislature to monitor prisons and to report findings
to the legislature and the broader public. The only private organization
in New York with such access to prisons, CANY has remained steadfast in
its commitment to inform the public debate on criminal justice for more
than 175 years. CANY has also played a role in shaping and securing
major criminal justice reforms in New York, on topics ranging from
repealing mandatory minimum sentences for drug crimes to ending the
shackling of incarcerated pregnant women during labor.  Unfortunately,
certain of their powers were limited by a chapter amendment in 2021. The
goal of this legislation is to enhance and expand the ability of CANY to
monitor state prisons and to make transparent for the public, the legis-
lature, and the Governor what is actually happening behind prison walls.

The value of the work performed by CANY can be seen in the in-depth
periodic reports CANY issues, after in-person visits and inspections,
gathering of data, speaking directly with incarcerated individuals as
well as with DOCCS officials and staff, and obtaining input from DOCCS
on draft reports prior to the reports being finalized. The reports can
be found on CANNY's website at https://www.correctionalassociation.org/

The significance of the work of CANY was highlighted in December 2024
after the brutal killing of Robert Brooks by correction staff members at
Marcy Correctional Facility. The video recordings of the multiple
assaults by staff on Mr. Brooks in the facility infirmary as medical
staff members looked on were shocking to all. However, the violent
culture among staff members at Marcy CF visible in those video
recordings was not news to anyone who had reviewed the report issued by
CANY in 2023, which noted the particularly high level of reported
violence by staff members, including racialized incidents. See:
https://www.correctionalassociation.org/postvisit- briefingrecommenda-
tions/ 2023-10-marcy

The modifications to existing law in this bill would enable CANY to
properly perform its unique role, thereby improving the safety, health,
and well-being of incarcerated individuals as well as staff.

 
SOCIAL JUSTICE IMPACT:

This legislation will have a significant social justice impact as it
would help to hold DOCCS accountable to the people of NY and would
improve the safety, health, and well-being of all incarcerated individ-
uals and staff. This legislation would also serve to inform the legisla-
ture and the Governor of what is actually taking place in the state's
prisons and would provide the basis for further positive and necessary
reforms of the state's prison system.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2024: S312B (Salazar) - Referred to Crime Victims, Crime and Correction,
Amended.

2023: S312A (Salazar)- Referred to Crime Victims, Crime and Correction.

2022: 59401 (Salazar)- Referred to Crime Victims, Crime and Correction.

ASSEMBLY:

2024: A64898 (Weprin) - Referred to Correction, Amended.


2023: A6489A (Weprin)- Referred to Correction 2022: A10678 (Weprin)-
Referred to Correction

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2025-S651A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  651--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT,  CLEARE, FERNANDEZ, GONZALEZ,
   HARCKHAM, JACKSON, KRUEGER, MYRIE, RIVERA, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Crime  Victims,  Crime  and  Correction  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 citizens
 of the state and deputized by the state to provide independent  monitor-
 ing and oversight of the state's prisons in 1846, the Correctional Asso-
 ciation  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 organization to provide
 insight into the policies and procedures of the state's prisons  through
 its  monitoring and reporting on prison conditions, policies, and proce-
 dures for the executive, legislature, and public, playing  an  important
 role  in informing debates on correctional reform and incarcerated indi-
 viduals' rights.
   § 2. Subdivision 3 of section 146 of the correction law, as amended by
 chapter 32 of the laws of 2021, paragraph b 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]  WITH  NO  notice  to the department.   Up to twelve people may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00543-04-5
 S. 651--A                           2
 
 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  correctional  association  shall  provide  to the department on, at
 least, an annual basis a list of people who will be visiting the facili-
 ty or 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, the department may]; PROVIDED,
 HOWEVER,  THAT  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 emergency 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] 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  AND  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 THE  CORRECTIONAL  ASSOCIATION'S
 REQUEST DURING THE COURSE OF ANY VISIT. THE correctional association may
 meet  privately  with  the incarcerated individual liaison committee and
 representatives of  the  incarcerated  individual  grievance  resolution
 committee  or  any other organization of incarcerated individuals recog-
 nized by the department.
   c. During the course of any such visit, inspection or examination, AND
 upon consent of the person being interviewed, the  correctional  associ-
 ation  shall have the power to interview and converse publicly or confi-
 dentially with any correctional employee or ADMINISTRATOR, any incarcer-
 ated  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 correc-
 tional association shall have the power to conduct private, confidential
 meetings reasonable in number under [the] A FACILITY'S IMMEDIATE circum-
 stances AT THEIR PLEASURE AND WITHOUT  NOTICE  TO  THE  DEPARTMENT  with
 incarcerated  [people]  INDIVIDUALS  in  housing  units  and in attorney
 visiting rooms or other rooms in the facility in which  their  conversa-
 tions  will  remain  confidential.  No department employee may attend or
 listen to any such meeting without the consent of the correctional asso-
 ciation.
 S. 651--A                           3
 
   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.
   THE CORRECTIONAL ASSOCIATION SHALL HAVE ACCESS TO THE FOLLOWING INFOR-
 MATION AND RECORDS ON A QUARTERLY BASIS:
   (I)  INDIVIDUALS  ADMITTED INTO CUSTODY, WHICH SHALL CONTAIN, AT MINI-
 MUM, INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS  ADMITTED  TO  CUSTODY,
 INCLUDING  THE  INDIVIDUAL'S  DEPARTMENT  ID,  DEMOGRAPHIC  INFORMATION,
 ADMISSION TYPE, RECEPTION FACILITY  NAME  AND  HOUSING  UNIT,  RECEPTION
 DATE, SENTENCING, AND CRIME INFORMATION;
   (II) INDIVIDUALS UNDER CUSTODY, WHICH SHALL CONTAIN, AT MINIMUM, INDI-
 VIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS PRESENTLY UNDER CUSTODY, INCLUD-
 ING  THE  INDIVIDUAL'S  DEPARTMENT  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;
   (III) INDIVIDUALS RELEASED FROM CUSTODY, WHICH SHALL CONTAIN, AT MINI-
 MUM,  INDIVIDUAL-LEVEL RECORDS OF ALL INDIVIDUALS RELEASED FROM CUSTODY,
 INCLUDING  THE  INDIVIDUAL'S  DEPARTMENT  ID,  DEMOGRAPHIC  INFORMATION,
 RELEASING  FACILITY NAME AND HOUSING UNIT, RELEASE DATE, RELEASE COUNTY,
 SENTENCING AND CRIME INFORMATION, AND PAROLE  ELIGIBILITY  AND  RELEVANT
 DATES;
   (IV) INDIVIDUALS ON PAROLE, WHICH SHALL CONTAIN, AT MINIMUM, INDIVIDU-
 AL-LEVEL  RECORDS  OF  ALL INDIVIDUALS ON PAROLE, INCLUDING THE INDIVID-
 UAL'S DEPARTMENT ID, DEMOGRAPHIC INFORMATION, DISCHARGING FACILITY  NAME
 AND  HOUSING UNIT, START AND RELEASE DATE, SENTENCING AND CRIME INFORMA-
 TION, CUSTODY STATUS, AND VOTING PARDON STATUS;
   (V) 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 DEPARTMENT ID, PROGRAMS MANDATED  BY  THE  DEPARTMENT,  AND
 INDICATORS  OF  WHETHER  THE INDIVIDUAL IS NOT ENROLLED, IS ON THE WAIT-
 LIST, OR HAS ALREADY COMPLETED ANY SUCH REQUIREMENT;
   (VI) 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  AGGRE-
 GATE  DATA  ON  STAFF ON LEAVE, AND ON THE AVERAGE OF DAILY CLOSED POSTS
 FOR EACH QUARTER;
   (VII)  DEATHS,  WHICH  SHALL  CONTAIN,  AT  MINIMUM,  INDIVIDUAL-LEVEL
 RECORDS  OF  ALL INDIVIDUALS WHO DIED WHILE UNDER CUSTODY, INCLUDING THE
 INDIVIDUAL'S DEPARTMENT ID, DATE AND TIME  OF  DEATH,  DATE  OF  REPORT,
 DEMOGRAPHIC  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;
   (VIII) UNUSUAL INCIDENTS, WHICH SHALL CONTAIN, AT MINIMUM, REPORT-LEV-
 EL 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
 INCIDENT,  THE  LOCATION  WITHIN  THE FACILITY, THE NAME AND CODE OF THE
 CATEGORIES AND SUBCATEGORIES INDICATED IN THE REPORT, THE ROLES  OF  ALL
 INDIVIDUALS INVOLVED IN THE REPORT (INCLUDING INCARCERATED AND NONINCAR-
 CERATED  INDIVIDUALS),  THE WEAPONS USED BY EACH INDIVIDUAL, IF APPLICA-
 BLE, THE TYPE OF FORCE APPLIED BY DEPARTMENT STAFF ON  EACH  INDIVIDUAL,
 IF  APPLICABLE, AND THE DEGREE OF INJURY TO STAFF AND INCARCERATED INDI-
 VIDUALS;
 S. 651--A                           4
 
   (IX) DISCIPLINARY CHARGES AND PENALTIES, WHICH SHALL CONTAIN, AT MINI-
 MUM, CHARGE-LEVEL INFORMATION FOR ALL DISCIPLINARY INCIDENTS, INCLUDING:
 THE INCARCERATED INDIVIDUAL'S  DEPARTMENT  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; AND
   (X)  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-
 VIDUAL'S DEPARTMENT 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.
   E.  The correctional association shall periodically, but not less than
 every five years, conduct inspections of each state correctional facili-
 ty, 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  submit a written response to such
 tentative report within sixty days of the receipt thereof,  INCLUDING  A
 PLAN OF ACTION FOR ADDRESSING THE FINDINGS AND RECOMMENDATIONS. When the
 correctional  association thereafter submits its final report and recom-
 mendations, 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 WRITTEN AND/OR ELECTRON-
 IC  surveys or questionnaires to people in custody OR EMPLOYEES concern-
 ing conditions of confinement, WORKING  CONDITIONS,  or  other  subjects
 within  the scope of their mission without prior approval of the depart-
 ment.  PEOPLE INCARCERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE
 AND RETURN TO THE CORRECTIONAL ASSOCIATION SUCH SURVEYS EITHER IN  WRIT-
 TEN  FORMAT  OR  ELECTRONICALLY.  The  correctional association may also
 receive FREE CONFIDENTIAL phone calls AND EMAILS from incarcerated indi-
 viduals 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 INCARCERATED INDIVIDUAL FUNDS FOR POSTAGE SHALL APPLY TO
 PRIVILEGED CORRESPONDENCE RECEIVED AND SENT TO THE CORRECTIONAL  ASSOCI-
 ATION.  FOR  THE  PURPOSES  OF  THIS  SECTION,  IDENTICAL INCOMING BLANK
 SURVEYS AND QUESTIONNAIRES SHALL NOT BE  DEFINED  AS  PRIVILEGED  CORRE-
 SPONDENCE.
   [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
 FOREGOING  as a condition of entry into a correctional facility pursuant
 to this subdivision.
   § 3. This act shall take effect immediately.

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Senate Bill S651A

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2025-S651 - Details

2025-S651 - Summary

2025-S651 - Sponsor Memo

2025-S651 - Bill Text download pdf

co-Sponsors

2025-S651A (ACTIVE) - Details

2025-S651A (ACTIVE) - Summary

2025-S651A (ACTIVE) - Sponsor Memo

2025-S651A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S651A

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Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

2025-S651 - Details

2025-S651 - Summary

2025-S651 - Sponsor Memo

2025-S651 - Bill Text download pdf

co-Sponsors

2025-S651A (ACTIVE) - Details

2025-S651A (ACTIVE) - Summary

2025-S651A (ACTIVE) - Sponsor Memo

2025-S651A (ACTIVE) - Bill Text download pdf

Comments