S T A T E   O F   N E W   Y O R K
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     S. 8415                                                  A. 8871
 
                        2025-2026 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 IN SENATE -- Introduced by Sen. SALAZAR -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by M. of A. DILAN -- read once and referred to
   the Committee on Ways and Means
 
 AN ACT to amend the correction law, in relation to requiring the disclo-
   sure of video footage related to the death of an incarcerated individ-
   ual involving a correctional officer (Part A); to amend the correction
   law,  in  relation  to  requiring  institutions and local correctional
   facilities to adhere to certain camera footage, recording and investi-
   gation standards (Part B); to amend the correction law, in relation to
   providing notice of the death of an incarcerated individual  occurring
   in  the  custody of the department of corrections and community super-
   vision (Part C); directing  the  state  commission  of  correction  to
   conduct  a comprehensive study on deaths in state correctional facili-
   ties within New York state (Part D);  to  amend  the  county  law,  in
   relation  to  requiring autopsy reports to include photographs, micro-
   scopic slides, and post-mortem x-rays taken by, at the  direction  of,
   or  reviewed  by  the person performing the autopsy (Part E); to amend
   the executive law and the county law, in relation to conflicts  within
   the  office of special investigation (Part F); to amend the correction
   law, in relation to reports on  data  collected  from  the  office  of
   special  investigations  (Part  G);  to  amend  the correction law, in
   relation to the membership of the state commission of correction (Part
   H); to amend the correction law, in relation to correctional  facility
   visits  by  the  correctional  association  (Part I); and to amend the
   civil practice law and rules, the general municipal law and the  court
   of  claims  act,  in relation to the tolling of statute of limitations
   for individuals in state custody (Part J)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13360-02-5
 S. 8415                             2                            A. 8871
              

 
   Section  1.  This act enacts into law components of legislation neces-
 sary to implement an omnibus bill related to  correctional  services  in
 the  state of New York. Each component is wholly contained within a Part
 identified as Parts A through J. The effective date for each  particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found. Section three of this act sets forth the
 general effective date of this act.
 
                                  PART A
 
   Section 1. Legislative intent. The legislature finds and declares that
 transparency and accountability in correctional facilities are essential
 to maintaining public trust. This act seeks  to  promote  accountability
 and deter misconduct by requiring the timely disclosure of video footage
 related  to the death of incarcerated individuals involving correctional
 officers to the attorney general's office of special investigation.
   § 2. The correction law is amended by adding a  new  section  22-b  to
 read as follows:
   §  22-B. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF INCARCER-
 ATED INDIVIDUALS INVOLVING CORRECTIONAL OFFICERS.  1.    DEFINITION.  AS
 USED  IN THIS SECTION THE TERM "VIDEO FOOTAGE" SHALL INCLUDE, BUT NOT BE
 LIMITED TO, RECORDINGS  FROM  FIXED  OR  STATIONARY  CAMERAS,  BODY-WORN
 CAMERAS,  HANDHELD  DEVICES, OR ANY OTHER RECORDING EQUIPMENT MAINTAINED
 OR USED BY CORRECTIONAL STAFF  WITHIN  AN  INSTITUTION  OR  CORRECTIONAL
 FACILITY.
   2.  DUTY  TO  DISCLOSE.  THE DEPARTMENT SHALL DISCLOSE TO THE ATTORNEY
 GENERAL'S OFFICE OF SPECIAL INVESTIGATION ANY VIDEO  FOOTAGE  THAT  SUCH
 OFFICE  DEEMS  TO BE RELATED TO THE DEATH OF AN INCARCERATED INDIVIDUAL.
 THIS SHALL INCLUDE ANY CASE IN WHICH THE ATTORNEY  GENERAL'S  OFFICE  OF
 SPECIAL INVESTIGATION DETERMINES THE DEATH INVOLVES A CORRECTIONAL OFFI-
 CER.
   3.  TIMEFRAME  FOR  DISCLOSURE.  SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
 WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
   4. REDACTIONS AND EXCEPTIONS. (A) NO REDACTIONS SHALL BE MADE  TO  THE
 VIDEO FOOTAGE BEFORE IT IS DISCLOSED TO THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION. THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTI-
 GATION  SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
 DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
   (B) DISCLOSURE MAY BE DELAYED ONLY IF THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION CERTIFIES THAT SUCH DISCLOSURE WOULD COMPROMISE AN
 ONGOING CRIMINAL INVESTIGATION OR  PROSECUTION.  SUCH  DELAY  SHALL  NOT
 EXCEED NINETY DAYS WITHOUT ADDITIONAL CERTIFICATION.
   §  3.  The  correction law is amended by adding a new section 500-q to
 read as follows:
   § 500-Q. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF INCARCER-
 ATED  INDIVIDUALS  INVOLVING  CORRECTIONAL OFFICERS. 1.  DEFINITION.  AS
 USED IN THIS SECTION, "VIDEO  FOOTAGE" SHALL INCLUDE, BUT NOT BE LIMITED
 TO,  RECORDINGS  FROM  FIXED  OR  STATIONARY CAMERAS, BODY-WORN CAMERAS,
 HANDHELD DEVICES, OR ANY OTHER RECORDING  EQUIPMENT  MAINTAINED OR  USED
 BY CORRECTIONAL STAFF WITHIN A LOCAL CORRECTIONAL FACILITY.
   2. DUTY TO DISCLOSE. ANY LOCAL CORRECTIONAL FACILITY SHALL DISCLOSE TO
 THE  ATTORNEY  GENERAL'S OFFICE OF   SPECIAL   INVESTIGATION  ANY  VIDEO
 S. 8415                             3                            A. 8871
 
 FOOTAGE  THAT SUCH OFFICE DEEMS TO BE RELATED TO THE DEATH OF AN  INCAR-
 CERATED INDIVIDUAL. THIS  SHALL  INCLUDE  ANY  CASE  IN WHICH THE ATTOR-
 NEY  GENERAL'S  OFFICE  OF  SPECIAL  INVESTIGATION  DETERMINES THE DEATH
 INVOLVES A CORRECTIONAL OFFICER.
   3.  TIMEFRAME  FOR  DISCLOSURE.  SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
 WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
   4. REDACTIONS AND EXCEPTIONS. (A) NO REDACTIONS SHALL BE MADE  TO  THE
 VIDEO FOOTAGE BEFORE IT IS DISCLOSED TO THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION. THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTI-
 GATION  SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
 DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
   (B) DISCLOSURE MAY BE DELAYED ONLY IF THE ATTORNEY GENERAL'S OFFICE OF
 SPECIAL INVESTIGATION CERTIFIES THAT SUCH DISCLOSURE WOULD COMPROMISE AN
 ONGOING CRIMINAL INVESTIGATION OR  PROSECUTION.  SUCH  DELAY  SHALL  NOT
 EXCEED NINETY DAYS WITHOUT ADDITIONAL CERTIFICATION.
   § 4. This act shall take effect immediately.
 
                                  PART B
 
   Section  1.  The correction law is amended by adding a new section 628
 to read as follows:
   § 628. SURVEILLANCE, RECORDING, AND  INVESTIGATIONS.  1.  DEFINITIONS.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "COVERED FACILITY" MEANS ANY INSTITUTION OR CORRECTIONAL FACILITY.
   (B) "RECORDING REQUEST" MEANS A FORMAL REQUEST FOR ACCESS TO FIXED  OR
 STATIONARY  CAMERA  FOOTAGE  MADE BY LEGAL REPRESENTATIVES, PROSECUTORS,
 DEFENDANTS, OR THEIR COUNSEL, RELEVANT TO  ANY  INVESTIGATION  OR  LEGAL
 PROCEEDING INVOLVING A COVERED FACILITY.
   (C)  "BLIND SPOT" MEANS ANY AREA, REGARDLESS OF SIZE, WITHIN A CORREC-
 TIONAL FACILITY THAT IS NOT UNDER CONTINUOUS  TWENTY-FOUR-HOUR  SURVEIL-
 LANCE BY FIXED, STATIONARY, OR REPOSITIONABLE CAMERAS, AND SHALL INCLUDE
 AREAS  THAT  CONTAIN  AN OBJECT THAT OBSTRUCTS THE VIEW OF SUCH CAMERAS,
 POORLY LIT AREAS, AREAS SUBJECT TO VIDEO DISTORTION  OR  GLARE,  OR  ANY
 AREA  OTHERWISE  INADEQUATELY  COVERED  SUCH THAT INGRESS, EGRESS OR ANY
 OTHER ACTIVITY OCCURRING IN SUCH AREA, CANNOT  BE  CLEARLY  OR  RELIABLY
 DETECTED OR RECORDED.
   2.  COMPREHENSIVE  CAMERA  COVERAGE. (A) ALL COVERED FACILITIES IN THE
 STATE SHALL BE REQUIRED TO  INSTALL,  OPERATE,  AND  MAINTAIN  FIXED  OR
 STATIONARY  CAMERAS SUFFICIENT TO CAPTURE THE ACTIVITIES AND MOVEMENT OF
 ALL PERSONS WITHIN EACH SUCH COVERED FACILITIES, WITH THE  EXCEPTION  OF
 THE INTERIOR OF CELLS, SHOWERS, AND TOILET AREAS. FOR EACH AREA IN WHICH
 THERE IS NOT FIXED OR STATIONARY CAMERA COVERAGE OF THE INTERIOR OF SUCH
 AREA, CAMERAS SHALL BE INSTALLED, OPERATED, AND MAINTAINED WHICH CAPTURE
 THE INGRESS AND EGRESS OF SUCH AREAS.
   (B)  FIXED OR STATIONARY CAMERAS INSTALLED IN COVERED FACILITIES SHALL
 CAPTURE BOTH AUDIO AND VISUAL FOOTAGE.
   (C) EACH COVERED FACILITY SHALL ENSURE THAT ALL  FIXED  OR  STATIONARY
 CAMERAS  CAPTURE  A  CLEAR  VISUAL OF THE ACTIVITIES WITHIN SUCH COVERED
 FACILITY.  THE SUPERINTENDENT OR WARDEN OR THEIR DESIGNEE SHALL  PERFORM
 REGULAR  ASSESSMENTS  AND  IMPROVEMENTS  TO  FIXED  OR STATIONARY CAMERA
 PLACEMENT AND FUNCTIONALITY TO ENSURE COMPLETE COVERAGE. IF AT ANY TIME,
 THE SUPERINTENDENT OR WARDEN OR THEIR  DESIGNEE  BECOMES  AWARE  OF  ANY
 NON-FUNCTIONING  FIXED  OR  STATIONARY  CAMERAS, OR ANY BLIND SPOT, SUCH
 ISSUES SHALL BE DOCUMENTED, INVESTIGATED AND ACTIONS SHALL BE  TAKEN  TO
 S. 8415                             4                            A. 8871
 
 REMEDY  THE  PROBLEMS THAT LED TO INCOMPLETE CAMERA COVERAGE OR UNAVAIL-
 ABLE CAMERA FOOTAGE.
   (D)  FIXED  OR  STATIONARY CAMERAS IN COVERED FACILITIES SHALL OPERATE
 CONTINUOUSLY FOR TWENTY-FOUR HOURS A DAY.
   3. RETENTION. ALL FIXED OR STATIONARY CAMERA  FOOTAGE  CAPTURED  UNDER
 THIS  SECTION  SHALL BE PRESERVED FOR A MINIMUM OF ONE YEAR. IF THERE IS
 AN ALLEGATION OR REPORT OF ANY STAFF MISCONDUCT OR RULE VIOLATION,  SUCH
 FOOTAGE  FROM  THE TIME PERIOD OF SUCH INCIDENT SHALL BE PRESERVED FOR A
 MINIMUM OF FIVE YEARS.
   4. ACCESS TO RECORDINGS. (A) FIXED OR STATIONARY CAMERA  FOOTAGE  FROM
 COVERED  FACILITIES UNDER THIS SECTION SHALL BE PROVIDED UPON REQUEST IF
 SUCH REQUEST IS ACCOMPANIED BY A VALID SUBPOENA OR A COURT ORDER  ISSUED
 BY A COURT OF COMPETENT JURISDICTION.
   (B)  FIXED  OR  STATIONARY  CAMERA  FOOTAGE RELEVANT TO ANY COMPLAINT,
 INVESTIGATION, OR LEGAL PROCEEDING SHALL BE PRESERVED FOR A  MINIMUM  OF
 FIVE YEARS FROM THE DATE OF SUCH COMPLAINT OR INCIDENT.
   5.  ENFORCEMENT.  THE  OFFICE OF THE INSPECTOR GENERAL SHALL DETERMINE
 WHETHER ANY ENFORCEMENT ACTIONS ARE WARRANTED FOR FAILURE TO INSTALL  OR
 MAINTAIN  ADEQUATE  FIXED  OR  STATIONARY CAMERA COVERAGE, INCLUDING THE
 RECOMMENDATION OF MONETARY PENALTIES OR CORRECTIVE ACTIONS.
   6. ACCOUNTABILITY AND REVIEW. (A) THE OFFICE OF  THE  STATE  INSPECTOR
 GENERAL  SHALL  CONDUCT  ANNUAL  AUDITS  OF COVERED FACILITIES TO ENSURE
 COMPLIANCE WITH THIS SECTION. THE FINDINGS OF SUCH AUDITS SHALL BE  MADE
 AVAILABLE TO THE PUBLIC THROUGH AN ANNUAL REPORT.
   (B) THE COMMISSIONER SHALL MAKE AN ANNUAL REPORT TO THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR OF ALL
 THE  INCIDENTS  DOCUMENTED,  INVESTIGATED,  AND ALL OF THE ACTIONS TAKEN
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION BEGINNING ONE YEAR AFTER THE
 EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                  PART C
 
   Section 1. Section 624 of the correction law, as  amended  by  chapter
 322 of the laws of 2021, is amended to read as follows:
   §  624.  Next  of  kin;  death of incarcerated individual. 1.  (A) The
 department shall [be responsive to inquiries from] PROMPTLY  NOTIFY  the
 next of kin and ANY other person designated as the representative of any
 incarcerated  individual whose death takes place during custody [regard-
 ing].
   (B) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE NEXT OF KIN AND ANY OTHER
 PERSON DESIGNATED AS A REPRESENTATIVE OF the  circumstances  surrounding
 the  death  of such incarcerated individual, the medical procedures used
 and the cause of death including preliminary  determinations  and  final
 determination  as  reported  by  an  autopsy  report AS SUCH INFORMATION
 BECOMES AVAILABLE.
   (C) The next of kin and other person designated  as  a  representative
 shall  be  identified  from the emergency contact information previously
 provided by the incarcerated individual to the department.
   2. WITHIN TWENTY-FOUR HOURS AFTER THE NEXT OF KIN AND ANY OTHER PERSON
 DESIGNATED AS A REPRESENTATIVE HAS BEEN  NOTIFIED  OF  SUCH  DEATH,  THE
 S. 8415                             5                            A. 8871
 
 DEPARTMENT SHALL PUBLISH PUBLIC NOTICE OF SUCH DEATH ON THE DEPARTMENT'S
 WEBSITE.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section  1. The state commission of correction shall conduct a compre-
 hensive study on deaths in correctional facilities of the department  of
 corrections  and  community  supervision to provide data-driven insights
 and recommendations to improve prison conditions, healthcare, and  poli-
 cies to prevent future tragedies. Such study shall:
   1. Determine the number and causes of deaths in New York state correc-
 tional facilities over the past decade;
   2.  Assess  the  adequacy  of  the  mental health services and medical
 services within correctional facilities of the department of corrections
 and community supervision;
   3. Identify any patterns or trends  in  the  data  that  may  indicate
 systemic issues or areas needing improvement;
   4.  Evaluate  the effectiveness of existing policies and procedures in
 preventing deaths in custody; and
   5. Recommend measures to improve the health and safety of incarcerated
 individuals.
   § 2. Within one year of the effective date  of  this  act,  the  state
 commission  of  correction  shall  issue a report of the findings of the
 study to the governor, the temporary president of  the  senate  and  the
 speaker of the assembly.
   § 3. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  This  act  shall  be known and may be cited as the "Terry
 Cooper autopsy accountability act".
   § 2. Subdivision 5 of section 674 of the county  law,  as  amended  by
 chapter 322 of the laws of 2021, is amended to read as follows:
   5.  Notwithstanding section six hundred seventy of this article or any
 other provision of law, the  coroner,  coroner's  physician  or  medical
 examiner  shall promptly perform or cause to be performed an autopsy and
 to prepare an autopsy report which shall include a toxicological  report
 and  any  report of any examination or inquiry with respect to any death
 occurring within [his or her] SUCH CORONER'S, CORONER'S  PHYSICIAN'S  OR
 MEDICAL EXAMINER'S county to an incarcerated individual of a correction-
 al  facility  as  defined  by  subdivision three of section forty of the
 correction law, whether or not the death occurred inside such  facility.
 FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  IN ADDITION TO ANYTHING ELSE
 REQUIRED BY LAW, AN AUTOPSY REPORT SHALL INCLUDE ALL PHOTOGRAPHS OF  THE
 BODY,  MICROSCOPIC  SLIDES,  AND  POST-MORTEM  X-RAYS TAKEN BY OR AT THE
 DIRECTION OF THE PERSON PERFORMING THE  AUTOPSY,  AND  ALL  PHOTOGRAPHS,
 MICROSCOPIC  SLIDES,  AND  POST-MORTEM  X-RAYS  REVIEWED  BY  THE PERSON
 PERFORMING THE AUTOPSY IN THE COURSE OF  THEIR  EXAMINATION  OR  IN  THE
 COURSE  OF THEIR DIAGNOSIS OF THE CAUSE OF DEATH AND THE MEANS OR MANNER
 OF DEATH.
   § 3. Subdivision 6 of section 677 of the county  law,  as  amended  by
 chapter 322 of the laws of 2021, is amended to read as follows:
   6.  Notwithstanding section six hundred seventy of this article or any
 other provision of law, the  coroner,  coroner's  physician  or  medical
 examiner  shall  promptly  provide  the  [chairman]  CHAIRPERSON  of the
 S. 8415                             6                            A. 8871

 correction medical review board and the commissioner of corrections  and
 community  supervision  with copies of any autopsy report, toxicological
 report or any report of any examination or inquiry prepared with respect
 to  any  death occurring to an incarcerated individual of a correctional
 facility as defined  by  subdivision  three  of  section  forty  of  the
 correction  law  within  [his  or  her] THEIR county; and shall promptly
 provide the executive director of the justice center for the  protection
 of people with special needs with copies of any autopsy report, toxicol-
 ogy  report  or  any  report of any examination or inquiry prepared with
 respect to the death of any service recipient  occurring  while  [he  or
 she]  SUCH  PERSON  was a resident in any facility operated, licensed or
 certified by any agency within the department  of  mental  hygiene,  the
 office  of children and family services, the department of health or the
 state education department. If  the  toxicological  report  is  prepared
 pursuant  to  any  agreement  or  contract with any person, partnership,
 corporation or governmental agency with the coroner or medical examiner,
 such report shall be promptly provided to the [chairman] CHAIRPERSON  of
 the correction medical review board, the commissioner of corrections and
 community  supervision  or  the executive director of the justice center
 for people with special needs, as appropriate, by such person,  partner-
 ship,  corporation  or  governmental  agency.  FOR  THE PURPOSES OF THIS
 SUBDIVISION, IN ADDITION TO ANYTHING ELSE REQUIRED BY  LAW,  AN  AUTOPSY
 REPORT  SHALL  INCLUDE  ALL PHOTOGRAPHS OF THE BODY, MICROSCOPIC SLIDES,
 AND POST-MORTEM X-RAYS TAKEN BY  OR  AT  THE  DIRECTION  OF  THE  PERSON
 PERFORMING  THE  AUTOPSY,  AND  ALL PHOTOGRAPHS, MICROSCOPIC SLIDES, AND
 POST-MORTEM X-RAYS REVIEWED BY THE PERSON PERFORMING THE AUTOPSY IN  THE
 COURSE  OF  THEIR EXAMINATION OR IN THE COURSE OF THEIR DIAGNOSIS OF THE
 CAUSE OF DEATH AND THE MEANS OR MANNER OF DEATH.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law and shall apply to all autopsies conducted on or after
 such date.
 
                                  PART F
 
   Section  1.    Legislative intent and findings. The legislature vested
 the Office of the Attorney General with important statutory duties under
 section 17 of the public officers law, to provide  for  the  defense  of
 state  employees  in civil actions arising from their public employment,
 and section 70-b of the executive law, to investigate and, where  appro-
 priate, prosecute the deaths of individuals involving police officers or
 peace  officers.  There  are  circumstances where the Attorney General's
 duties under these two laws could conflict. It is the objective  of  the
 legislature  that the Attorney General carries out its duties under both
 laws and does so in a manner  that  is  consistent  with  the  rules  of
 professional conduct. To that end, this legislation will ensure that the
 Office  of  the Attorney General puts in place appropriate protocols and
 procedures to fulfill its statutory obligations under section 17 of  the
 public  officers  law  and  section 70-b of the executive law while also
 meeting the standards of the rules of professional conduct.  This legis-
 lation also recognizes the unique challenges that the  Attorney  General
 faces  when  a conflict arises in a matter involving section 70-b of the
 executive law and adapts the process already used by District Attorneys,
 and at times the Attorney General, authorizing the courts to  appoint  a
 special  district attorney to act in place of the Attorney General where
 they may be disqualified from a matter.
 S. 8415                             7                            A. 8871
 
   § 2. Section 70-b of the executive law is  amended  by  adding  a  new
 subdivision 8 to read as follows:
   8.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
 TO THE CONTRARY, IN A MATTER IN WHICH THE ATTORNEY  GENERAL'S  AUTHORITY
 ESTABLISHED  UNDER  THIS  SECTION CONFLICTS, OR HAS A REASONABLE RISK OF
 CONFLICTING, WITH THE ATTORNEY GENERAL'S REPRESENTATION OF STATE EMPLOY-
 EES IN CIVIL LITIGATION UNDER SECTION SEVENTEEN OF THE  PUBLIC  OFFICERS
 LAW,  THE  ATTORNEY  GENERAL  MAY DESIGNATE A DEPUTY ATTORNEY GENERAL OR
 ASSISTANT ATTORNEY GENERAL, INCLUDING ANY PERSON DESIGNATED UNDER SUBDI-
 VISION FIVE OF THIS SECTION, AS PROVIDED BY SECTION NINE OF  THE  PUBLIC
 OFFICERS LAW, TO ACT AS ATTORNEY GENERAL FOR THAT MATTER IN THE ATTORNEY
 GENERAL'S STEAD.
   (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THE ATTORNEY GENERAL SHALL  ESTABLISH  THROUGH  RULES  AND
 REGULATIONS,  PROCESSES  AND  PROCEDURES FOR SCREENING (I) THE PERSON SO
 DESIGNATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE ENTIRE
 PROSECUTION TEAM, FROM RECORDS, COMMUNICATION, AND  INFORMATION  RELATED
 TO  THE CIVIL DEFENSE OF A POLICE OFFICER OR PEACE OFFICER AS DEFINED IN
 SUBDIVISION ONE OF THIS SECTION, AND (II) PERSONS INVOLVED IN THE  CIVIL
 DEFENSE  OF  A POLICE OFFICER OR PEACE OFFICER AS DEFINED IN SUBDIVISION
 ONE OF THIS SECTION FROM RECORDS, COMMUNICATION, AND INFORMATION RELATED
 TO THE INVESTIGATION AND, WHERE APPROPRIATE, PROSECUTION OF STATE  PEACE
 OR  POLICE OFFICERS UNDER THIS SECTION. THE RULES AND REGULATIONS ESTAB-
 LISHING SCREENS SHALL BE SUFFICIENT TO SATISFY THE RULES OF PROFESSIONAL
 CONDUCT REGARDING CONFLICTS AND TO PROTECT THE RIGHTS OF STATE PEACE AND
 POLICE OFFICERS WHO ARE THE SUBJECT OF AN INVESTIGATION  OR  PROSECUTION
 UNDER THIS SECTION BY ENSURING THAT THE INDIVIDUALS CONDUCTING OR OTHER-
 WISE INVOLVED IN SUCH INVESTIGATION OR PROSECUTION DO NOT HAVE ACCESS TO
 ANY  CONFIDENTIAL  INFORMATION  OBTAINED  IN  THE COURSE OF THE OFFICE'S
 CIVIL DEFENSE OF STATE EMPLOYEES.
   § 3. Section 701 of the county law is amended by adding a new subdivi-
 sion 6 to read as follows:
   6. (A) THIS SUBDIVISION SHALL APPLY TO THE  ATTORNEY  GENERAL  IN  ANY
 CIRCUMSTANCE  WHERE  THE  ATTORNEY  GENERAL  ACTS IN PLACE OF A DISTRICT
 ATTORNEY. NOTHING IN THIS SUBDIVISION SHALL INVALIDATE A COURT  APPOINT-
 MENT  OF  A DISTRICT ATTORNEY OR OTHER ATTORNEY MADE PRIOR TO THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION TO SERVE IN  THE  PLACE  OF  THE  ATTORNEY
 GENERAL  ON  A  PARTICULAR  MATTER  UNDER  ANY OTHER SUBDIVISION OF THIS
 SECTION.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  WHEN-
 EVER  THE  ATTORNEY  GENERAL AND SUCH ASSISTANTS AS THE ATTORNEY GENERAL
 MAY HAVE,  IS  DISQUALIFIED  FROM  ACTING  IN  A  PARTICULAR  MATTER  TO
 DISCHARGE THEIR DUTIES AT A TERM OF ANY COURT, A SUPERIOR CRIMINAL COURT
 IN THE COUNTY WHEREIN THE ACTION IS TRIABLE MAY UPON ARTICULABLE REASONS
 SET FORTH BY THE ATTORNEY GENERAL FOR SUCH APPOINTMENT, BY ORDER:
   (I) APPOINT SOME ATTORNEY AT LAW HAVING RELEVANT EXPERIENCE AND EXPER-
 TISE,  WITHOUT REGARD TO JUDICIAL DEPARTMENT OR OTHER GEOGRAPHIC LIMITA-
 TIONS WITHIN THE STATE, TO ACT AS SPECIAL DISTRICT ATTORNEY  DURING  THE
 DISQUALIFICATION OF THE ATTORNEY GENERAL AND SUCH ASSISTANTS AS THEY MAY
 HAVE; OR
   (II)  APPOINT  A  DISTRICT  ATTORNEY  OF  ANY COUNTY TO ACT AS SPECIAL
 DISTRICT ATTORNEY, PROVIDED SUCH  DISTRICT  ATTORNEY  AGREES  TO  ACCEPT
 APPOINTMENT  BY  SUCH CRIMINAL COURT DURING SUCH DISQUALIFICATION OF THE
 ATTORNEY GENERAL AND SUCH ASSISTANTS AS THEY MAY HAVE.
   (C) THE SPECIAL DISTRICT  ATTORNEY  SO  APPOINTED  SHALL  POSSESS  THE
 POWERS AND DISCHARGE THE DUTIES OF THE ATTORNEY GENERAL DURING THE PERI-
 S. 8415                             8                            A. 8871
 
 OD,  OR  FOR  THE  DURATION  OF  THE  MATTER,  FOR  WHICH  THEY SHALL BE
 APPOINTED.
   (D) WHERE A SPECIAL DISTRICT ATTORNEY IS APPOINTED UNDER THIS SUBDIVI-
 SION,  THE  SPECIAL  DISTRICT  ATTORNEY  MAY DIRECT THE EXERCISE OF SUCH
 POWERS AND THE PERFORMANCE OF SUCH DUTIES  BY  ANY  ASSISTANT  OR  OTHER
 STAFF  IN  THEIR  OFFICE TO ASSIST SUCH SPECIAL DISTRICT ATTORNEY TO THE
 SAME EXTENT PERMITTED BY LAW.
   (E) ANY SPECIAL DISTRICT ATTORNEY APPOINTED UNDER THIS SUBDIVISION FOR
 A MATTER ARISING OUT OF THE ATTORNEY GENERAL'S AUTHORITY  UNDER  SECTION
 SEVENTY-B  OF  THE  EXECUTIVE  LAW  SHALL  BE RESPONSIBLE FOR THE PUBLIC
 REPORT REQUIRED BY SUBDIVISION SIX OF SUCH SECTION.
   (F) WHERE A SPECIAL DISTRICT ATTORNEY IS APPOINTED UNDER THIS SUBDIVI-
 SION, THE DEPARTMENT OF BUDGET, AFTER HAVING BEEN NOTIFIED AND  PROVIDED
 WITH  AN  OPPORTUNITY TO BE HEARD, SHALL PAY THE NECESSARY DISBURSEMENTS
 OF, AND A REASONABLE COMPENSATION FOR, THE SERVICES  OF  THE  PERSON  SO
 APPOINTED AND ACTING, AS CERTIFIED BY THE PRESIDING JUDGE OR JUSTICE.
   §  4.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 5. This act shall take effect immediately; provided,  however,  that
 section  two  of this act shall take effect on the sixtieth day after it
 shall have become a law; and provided further, however, that the  attor-
 ney general  shall be authorized to  establish  through  executive order
 or  other  formal action within the office, processes and procedures for
 screenings required by paragraph (b) of subdivision 8 of section 70-b of
 the executive law, as added by section two of this act, until such  time
 as  the  attorney general is prepared to promulgate such rules and regu-
 lations as are necessary pursuant to such paragraph (b) of subdivision 8
 of section 70-b of the executive law.
 
                                  PART G

   Section 1. Section 112 of the correction law is amended  by  adding  a
 new subdivision 7 to read as follows:
   7.  (A) THE COMMISSIONER SHALL COLLECT DATA FROM THE OFFICE OF SPECIAL
 INVESTIGATIONS ESTABLISHED BY THE DEPARTMENT AND REPORT QUARTERLY TO THE
 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND  THE
 GOVERNOR  REGARDING  COMPLAINTS  RECEIVED  THE  PREVIOUS  QUARTER BY THE
 OFFICE. FOR THE REPORT PERIOD, SUCH DATA AND REPORT SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (I) THE NUMBER OF CONFIRMED AND UNCONFIRMED COMPLAINTS RECEIVED BY THE
 OFFICE  OF  SPECIAL INVESTIGATIONS CATEGORIZED BY FACILITY THE COMPLAINT
 ORIGINATED FROM, COMPLAINT TYPE OR ALLEGATION, SUBJECT OF THE  COMPLAINT
 (I.E.  INCARCERATED  INDIVIDUAL,  SECURITY  STAFF,  CIVILIAN  STAFF,  OR
 OTHER), AND HOW THE COMPLAINT WAS RECEIVED BY THE OFFICE;
   (II) THE TOTAL NUMBER OF COMPLAINTS: ASSIGNED FOR AN INVESTIGATION  BY
 THE  OFFICE OF SPECIAL INVESTIGATIONS; ASSIGNED TO EACH DIVISION OR UNIT
 WITHIN THE OFFICE OF SPECIAL INVESTIGATIONS; REFERRED TO THE APPROPRIATE
 CENTRAL OFFICE DIVISION HEAD; REFERRED TO A FACILITY  SUPERINTENDENT  OR
 COMMUNITY  SUPERVISION  BUREAU  CHIEF  FOR  INVESTIGATION; REFERRED TO A
 S. 8415                             9                            A. 8871
 
 FACILITY SUPERINTENDENT OR COMMUNITY SUPERVISION BUREAU CHIEF FOR  OTHER
 APPROPRIATE  ACTION;  AND  REFERRED TO A STATE, LOCAL, OR FEDERAL AGENCY
 WITH JURISDICTION. SUCH DATA SHALL INCLUDE THE  FACILITY  THE  COMPLAINT
 ORIGINATED FROM AND THE COMPLAINT TYPE OR ALLEGATION;
   (III)  THE  TOTAL  NUMBER  OF  INVESTIGATIONS CLOSED BY EACH OFFICE OF
 SPECIAL INVESTIGATIONS UNIT OR DIVISION WITHIN THE REPORTING TIME  PERI-
 OD;
   (IV) THE TOTAL NUMBER OF REFERRALS FOR CRIMINAL PROSECUTION. SUCH DATA
 SHALL  INCLUDE THE FACILITY THE COMPLAINT ORIGINATED FROM, THE COMPLAINT
 TYPE OR ALLEGATION, AND THE SUBJECT OF THE COMPLAINT (I.E.  INCARCERATED
 INDIVIDUAL, SECURITY STAFF, CIVILIAN STAFF, OR OTHER);
   (V)  THE TOTAL NUMBER OF REFERRALS TO THE DEPARTMENT'S BUREAU OF LABOR
 RELATIONS FOR CONSIDERATION OF EMPLOYEE DISCIPLINARY  CHARGES  INCLUDING
 WHICH FACILITY THE REFERRAL ORIGINATED FROM; AND
   (VI)  OFFICE   OF   SPECIAL INVESTIGATIONS STAFFING DATA INCLUDING THE
 TOTAL NUMBER OF STAFF, POSITION TYPE, AND NUMBER OF OPEN POSITIONS.
   (B) THE COMMISSIONER SHALL REPORT ANNUALLY THE AVERAGE LENGTH OF  TIME
 TO  CLOSE  AN  INVESTIGATION  BY  THE OFFICE OF SPECIAL INVESTIGATION BY
 DIVISION FOR EACH CORRECTIONAL FACILITY AND ANY RECOMMENDATIONS MADE  BY
 THE  OFFICE  OF  SPECIAL  INVESTIGATIONS  TO  THE  RELEVANT DEPARTMENTAL
 PROGRAM AREAS FOR CONSIDERATION OF A REVISION TO A POLICY OR  PROCEDURE.
 SUCH  REPORT  SHALL  CATEGORIZE  SUCH  RECOMMENDATIONS  BY FACILITY, THE
 NATURE OF THE RECOMMENDATION, AND ANY ACTION TAKEN IN  RESPONSE  TO  THE
 RECOMMENDATION.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Section 41 of the correction law, as added by chapter 865
 of the laws of 1975, is amended to read as follows:
   § 41. State commission of correction; organization. 1. (A) There shall
 be within the executive department a state commission of correction.  It
 shall  consist  of  [three] NINE persons [to be], THREE OF WHOM SHALL BE
 appointed by the governor[, by and with the advice and  consent  of  the
 senate],  TWO OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
 TWO OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
 AND TWO OF WHOM SHALL BE APPOINTED BY THE CORRECTIONAL ASSOCIATION.
   (B) THE MEMBERS APPOINTED SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  AT
 LEAST ONE OF EACH OF THE FOLLOWING:
   (I)  A PERSON FORMERLY INCARCERATED IN A CORRECTIONAL FACILITY LOCATED
 IN NEW YORK;
   (II) A PUBLIC HEALTH PROFESSIONAL;
   (III) A BEHAVIORAL HEALTHCARE PROFESSIONAL;
   (IV) AN ATTORNEY DULY LICENSED TO PRACTICE IN THIS  STATE  WHO  HAS  A
 PROFESSIONAL BACKGROUND IN INDIGENT CRIMINAL DEFENSE SERVICES OR PRISON-
 ER'S RIGHTS LITIGATION; AND
   (V)  A PROFESSIONAL IN ANY OTHER FIELD DEEMED USEFUL FOR THE PROMOTION
 OF AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM.
   (C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY  designate
 one  of  the  appointed  members  as [chairman] CHAIRPERSON to serve [as
 such] at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure [of the  gover-
 nor].  The members shall devote full time to their duties and shall hold
 no other salaried public position.
   2.  The  members  shall  hold office for terms of five years; provided
 that [of] the [three members first appointed, one shall serve for a term
 of two years, one shall serve for a term of three years  and  one  shall
 S. 8415                            10                            A. 8871

 serve  for a term of five years from January first next succeeding their
 appointment] FIRST TWO MEMBERS APPOINTED BY THE SPEAKER OF THE  ASSEMBLY
 SHALL  SERVE FOR A TERM OF TWO YEARS; THE FIRST TWO MEMBERS APPOINTED BY
 THE  TEMPORARY  PRESIDENT  OF THE SENATE SHALL SERVE FOR A TERM OF THREE
 YEARS; AND THE FIRST TWO MEMBERS APPOINTED BY THE  CORRECTIONAL  ASSOCI-
 ATION  SHALL  SERVE  FOR A TERM OF FOUR YEARS. No member shall serve for
 more than ten years. Any member of the commission may be removed by  the
 [governor] APPOINTING AUTHORITY WHO NOMINATED THE MEMBER for cause after
 an opportunity to be heard in [his] SUCH MEMBER'S defense.
   3.  Any  member chosen to fill a vacancy created other than by expira-
 tion of term shall be appointed for the unexpired  term  of  the  member
 whom [he] SUCH NEW MEMBER is to succeed.  Vacancies caused by expiration
 of  term  or  otherwise  shall  be filled in the same manner as original
 appointments.
   § 2. Subdivision 1 of section 41 of the correction law, as amended  by
 section  1  of  part HH of chapter 55 of the laws of 2025, is amended to
 read as follows:
   1. (A) There shall be within the executive department a state  commis-
 sion  of  correction.  It shall consist of [three] NINE persons [to be],
 THREE OF WHOM SHALL BE appointed by  the  governor[,  by  and  with  the
 advice and consent of the senate], TWO OF WHOM SHALL BE APPOINTED BY THE
 SPEAKER OF THE ASSEMBLY, TWO OF WHOM SHALL BE APPOINTED BY THE TEMPORARY
 PRESIDENT  OF  THE  SENATE,  AND  TWO  OF WHOM SHALL BE APPOINTED BY THE
 CORRECTIONAL ASSOCIATION.
   (B) THE MEMBERS APPOINTED SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  AT
 LEAST ONE OF EACH OF THE FOLLOWING:
   (I)  A PERSON FORMERLY INCARCERATED IN A CORRECTIONAL FACILITY LOCATED
 IN NEW YORK;
   (II) A PUBLIC HEALTH PROFESSIONAL;
   (III) A BEHAVIORAL HEALTHCARE PROFESSIONAL;
   (IV) AN ATTORNEY DULY LICENSED TO PRACTICE IN THIS  STATE  WHO  HAS  A
 PROFESSIONAL BACKGROUND IN INDIGENT CRIMINAL DEFENSE SERVICES OR PRISON-
 ER'S RIGHTS LITIGATION; AND
   (V)  A PROFESSIONAL IN ANY OTHER FIELD DEEMED USEFUL FOR THE PROMOTION
 OF AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM.
   (C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY  designate
 one  of  the appointed members as [chair] CHAIRPERSON to serve [as such]
 at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure  [of  the  governor].
 The  members  shall  devote  full time to their duties and shall hold no
 other salaried public position.
   § 3. This act shall take effect immediately; provided,  however,  that
 if section 1 of part HH of chapter 55 of the laws of 2025 shall not have
 taken  effect  on or before such date then section two of this act shall
 take effect on the same date and in the same manner as such part of such
 chapter of the laws of 2025 takes effect.
 
                                  PART I

   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
 S. 8415                            11                            A. 8871
 
 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]  TWEN-
 TY-FOUR 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 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-
 S. 8415                            12                            A. 8871
 
 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.
   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;
 S. 8415                            13                            A. 8871
 
   (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;
   (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.
 S. 8415                            14                            A. 8871
 
   [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.
 
                                  PART J
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 208-a to read as follows:
   § 208-A. IN CUSTODY AT TIME OF CAUSE OF ACTION.   NOTWITHSTANDING  ANY
 PROVISIONS  OF LAW THAT IMPOSE A PERIOD OF LIMITATION TO THE CONTRARY OR
 ANY PROVISIONS OF ANY OTHER LAW PERTAINING TO THE FILING OF A NOTICE  OF
 CLAIM  OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION PRECEDENT
 TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, WITH RESPECT TO  ALL
 CIVIL  CLAIMS  OR  CAUSES  OF  ACTION  BROUGHT  BY ANY PERSON TO RECOVER
 DAMAGES FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
 SUFFERED  WHILE  UNDER  THE  JURISDICTION AND IN THE CARE AND CUSTODY OR
 SUPERVISION OF: THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, EXCEPT A PERSON UNDER COMMUNITY SUPERVISION AS DEFINED IN SUBDI-
 VISION THIRTY-ONE OF SECTION TWO OF THE CORRECTION LAW,  A  HOSPITAL  AS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION FOUR HUNDRED OF THE CORRECTION
 LAW, A CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION THREE OF  SECTION
 FORTY OF THE CORRECTION LAW, A LOCAL CORRECTIONAL FACILITY AS DEFINED IN
 SUBDIVISION  TWO OF SECTION FORTY OF THE CORRECTION LAW, OR AN ALTERNATE
 CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION ONE OF  SECTION  EIGHTY-
 SEVEN OF THE CORRECTION LAW, THE TIME IN WHICH SUCH ACTION MUST COMMENCE
 SHALL BE EXTENDED TO THREE YEARS AFTER SUCH PERSON IS RELEASED FROM SUCH
 CUSTODY.
   §  2.  Subdivision  8  of section 50-e of the general municipal law is
 amended by adding a new paragraph (c) to read as follows:
   (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT  BY  ANY
 PERSON  TO  RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY
 OR CONDITION SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION  TWO  HUNDRED
 EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES.
   §  3. Section 50-i of the general municipal law is amended by adding a
 new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
 SHALL  NOT  APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
 PERSON TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR  OTHER  INJURY
 OR  CONDITION  SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION TWO HUNDRED
 EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. Section 10 of the court of claims act is amended by adding a  new
 subdivision 11 to read as follows:
   11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL  NOT  APPLY TO ANY CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
 PERSON TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR  OTHER  INJURY
 OR  CONDITION SUFFERED WHILE IN CUSTODY PURSUANT TO SECTION  TWO HUNDRED
 EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES.
 S. 8415                            15                            A. 8871
 
   § 5. Section 11 of the court of claims act is amended by adding a  new
 subdivision d to read as follows:
   D. SUBDIVISION B OF THIS SECTION SHALL NOT APPLY TO A CLAIM BROUGHT BY
 ANY  PERSON  TO  RECOVER  DAMAGES  FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
 INJURY OR CONDITION SUFFERED WHILE IN CUSTODY PURSUANT  TO  SECTION  TWO
 HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES.
   § 6. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through J of this act shall be
 as specifically set forth in the last section of such Parts.