BILL NUMBER: S8106

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to establishing the
office of chief medical examiner

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to enhance transparency and accountability in the inves-
tigation of deaths within correctional facilities by establishing an
independent Office of the Chief Medical Examiner (OCME). By removing
death investigations from the jurisdiction of county coroners, who may
lack forensic expertise and have potential conflicts of interest, this
bill ensures that incarcerated individuals' deaths are examined impar-
tially by qualified forensic pathologists.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the correction law by adding a new section 12 to
establish an independent Office of the Chief Medical Examiner within the
              

department, consisting of the chief medical examiner, a deputy chief
medical examiner, and eight associate medical examiners, all appointed
by the governor and certified in forensic pathology with significant
experience in death investigations.

Section 2: Grants the commissioner authority over the Office of the
Chief Medical Examiner but prohibits interference with the office's
duties as prescribed by law.

Section 3: Authorizes the chief medical examiner or their designee to
conduct independent autopsies and forensic investigations for all deaths
in correctional facilities, collect relevant data, require testimony and
document production, publish public annual reports detailing incarcerat-
ed deaths, release preliminary death reports within ninety days, and
deliver all reports to the appropriate district attorney, attorney
general, the commissioner, and the legislature.

 
JUSTIFICATION:

The recent murders of Robert Brooks and Messiah Nantwi while incarcerat-
ed at NYS DOCCS facilities, as well as numerous other deaths in DOCCS
custody in recent years, highlight the importance of transparency and
accountability in death investigations within DOCCS facilities. Reports
indicate that between 2000 and 2023, 199 incarcerated individuals died
in custody with their causes of death marked as unknown. The New York
State Department of Corrections and Community Supervision (DOCCS) 2023
Mortality Report indicates that there were 107 incarcerated deaths
across state facilities emphasizing the mass need for greater oversight,
independent investigations, and systemic reforms to ensure accountabil-
ity and transparency in reporting deaths within DOCCS facilities.

Currently, DOCCS incarcerated person deaths are investigated by county
coroners' offices, which often lack the specialized expertise and
resources needed for thorough investigations in correctional settings.
Moreover, their proximity to local law enforcement and government enti-
ties creates potential conflicts of interest, undermining, at least, the
appearance of impartiality and credibility of these investigations. By
establishing the OCME as an autonomous agency, the state can rebuild
public trust by ensuring that deaths are examined by qualified, inde-
pendent professionals who operate shielded from external influence.
OCME's independence from DOCCS will ensure impartiality, preventing
conflicts of interest that could arise from local influence. Drawing
from Connecticut's Office of the Chief Medical Examiner and the federal
Mortality in Correctional Institutions (MCI) framework, the proposed
OCME will provide transparent, timely, and reliable data on inmate
deaths, serving as an accountability mechanism for the state's correc-
tional system. This legislation prioritizes the humanity of incarcerated
individuals by addressing systemic issues within the corrections system
through data-driven insights and accountability.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.