Senate Bill S8825

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8825
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the correction law and the executive law, in relation to
   the disclosure of video footage and audio recordings  related  to  the
   death of an incarcerated individual involving certain correction offi-
   cers  or  peace  officers  (Part  A);  to amend the correction law, in
   relation to establishing comprehensive  camera  coverage  for  covered
   facilities  and  covered vehicles; and to repeal certain provisions of
   the correction  law  relating  to  requiring  institutions  and  local
   correctional facilities to adhere to certain camera footage, recording
   and  investigation standards (Part B); to amend the correction law, in
   relation to next of kin notifications where the death of an  incarcer-
   ated  individual  occurs  (Part  C); to amend a chapter of the laws of
   2025 directing the state commission of correction to conduct a compre-
   hensive study on deaths in state correctional  facilities  within  New
   York  state,  as  proposed  in legislative bill numbers S. 8415 and A.
   8871, in relation to the time within which  the  state  commission  of
   correction  shall  issue  a report of the findings of such study (Part
   D); to amend the county law, in relation to providing access to micro-
   scopic slides upon request for  certain  autopsies  (Part  E);  inten-
   tionally omitted (Part F); to amend the correction law, in relation to
   data  on  substantiated,  unfounded,  and  unsubstantiated allegations
   received by the office of special investigations (Part  G);  to  amend
   the  correction law, in relation to membership of the state commission
   of correction; and to amend a chapter of the laws of 2025 amending the
   correction law relating to the membership of the state  commission  of
   correction,  as  proposed  in  legislative bill numbers S. 8415 and A.
   8871, in relation to the effectiveness thereof (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; to amend part J of a chapter of the laws of 2025 amend-
   ing the civil practice law and rules, the general  municipal  law  and
   the  court of claims act relating to the tolling of statute of limita-
   tions for individuals in state custody,  as  proposed  in  legislative
   bill  numbers  S.  8415  and A. 8871, in relation to the effectiveness
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13360-03-6
 S. 8825                             2
 
   thereof; and to repeal certain provisions of the general municipal law
   relating thereto (Part J)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  updates to the omnibus bill of 2025 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, including 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. Section 22-b of the correction law, as added by  a  chapter
 of  the  laws  of 2025 amending the correction law relating to requiring
 the disclosure of video footage related to the death of an  incarcerated
 individual  involving a correctional officer, as proposed in legislative
 bill numbers S. 8415 and A. 8871, is amended to read as follows:
   § 22-b. Disclosure of video footage related to the death of  incarcer-
 ated  individuals  involving [correctional] CORRECTION officers OR PEACE
 OFFICERS EMPLOYED BY THE DEPARTMENT. 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  correc-
 tional 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]
 CORRECTION officer OR PEACE OFFICER EMPLOYED BY THE DEPARTMENT.
   3. Timeframe for disclosure. [Such video footage  shall  be  disclosed
 within seventy-two hours of the occurrence of the death] THE COMMISSION-
 ER  OR  COMMISSIONER'S DESIGNEE SHALL MAKE REASONABLE GOOD FAITH EFFORTS
 TO ASCERTAIN THE EXISTENCE OF AND OBTAIN ANY RELEVANT VIDEO  FOOTAGE  OR
 AUDIO  RECORDINGS  THAT  EXISTED OR THAT MAY BE RELATED TO THE DEATH AND
 SHALL DISCLOSE SUCH VIDEO FOOTAGE OR AUDIO  RECORDS  WITHIN  SEVENTY-TWO
 HOURS OF THE OCCURRENCE OF THE DEATH. IF THE COMMISSIONER OR COMMISSION-
 ER'S  DESIGNEE  LEARNS  OF  ADDITIONAL VIDEO FOOTAGE OR AUDIO RECORDINGS
 WHICH ARE RELATED TO  THE  DEATH,  THE  COMMISSIONER  OR  COMMISSIONER'S
 DESIGNEE SHALL DISCLOSE SUCH RECORDINGS WITHIN TWENTY-FOUR HOURS OF SUCH
 DISCOVERY  AND  PROVIDE  THE  CIRCUMSTANCES SURROUNDING THE DISCOVERY OF
 SUCH RECORDS TO THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATIONS.
   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  inves-
 tigation  shall  maintain  the  confidentiality of all video footage and
 S. 8825                             3

 will determine redactions pursuant to its published video release  poli-
 cy.
   (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.]
   § 2. Section 500-q of the correction law, as added by a chapter of the
 laws of 2025 amending the  correction  law  relating  to  requiring  the
 disclosure  of  video  footage  related  to the death of an incarcerated
 individual involving a correctional officer, as proposed in  legislative
 bill numbers S. 8415 and A. 8871, is amended to read as follows:
   § 500-q. Disclosure of video footage related to the death of incarcer-
 ated  individuals  involving [correctional] CORRECTION officers OR PEACE
 OFFICERS EMPLOYED AT A LOCAL CORRECTIONAL FACILITY.  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
 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] CORRECTION officer OR PEACE OFFICER EMPLOYED
 AT A LOCAL CORRECTIONAL FACILITY.
   3. Timeframe for disclosure. [Such video footage  shall  be  disclosed
 within  seventy-two  hours  of  the  occurrence  of the death] THE CHIEF
 ADMINISTRATIVE OFFICER OF  THE  LOCAL  CORRECTIONAL  FACILITY  OR  CHIEF
 ADMINISTRATIVE  OFFICER'S  DESIGNEE  SHALL  MAKE  REASONABLE  GOOD FAITH
 EFFORTS TO ASCERTAIN THE EXISTENCE OF  AND  OBTAIN  ANY  RELEVANT  VIDEO
 FOOTAGE  OR  AUDIO RECORDINGS THAT EXISTED OR THAT MAY BE RELATED TO THE
 DEATH AND SHALL DISCLOSE SUCH VIDEO  FOOTAGE  OR  AUDIO  RECORDS  WITHIN
 SEVENTY-TWO  HOURS OF THE OCCURRENCE OF THE DEATH. IF THE CHIEF ADMINIS-
 TRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY OR CHIEF  ADMINISTRA-
 TIVE  OFFICER'S DESIGNEE SUBSEQUENTLY LEARNS OF ADDITIONAL VIDEO FOOTAGE
 OR AUDIO RECORDINGS WHICH ARE RELATED TO THE DEATH, THE  CHIEF  ADMINIS-
 TRATIVE  OFFICER  OR  THE  CHIEF ADMINISTRATIVE OFFICER'S DESIGNEE SHALL
 DISCLOSE SUCH RECORDINGS WITHIN TWENTY-FOUR HOURS OF SUCH DISCOVERY  AND
 PROVIDE  THE  CIRCUMSTANCES SURROUNDING THE DISCOVERY OF SUCH RECORDS TO
 THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATIONS.
   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  inves-
 tigation  shall  maintain  the  confidentiality of all video footage and
 will determine redactions pursuant to its published video release  poli-
 cy.
   (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. Section 70-b of the executive law is  amended  by  adding  a  new
 subdivision 3-a to read as follows:
   3-A.  (A)  THE  ATTORNEY GENERAL SHALL MAINTAIN THE CONFIDENTIALITY OF
 ALL VIDEO FOOTAGE AND AUDIO RECORDINGS RECEIVED AND REVIEWED.
   (B) DISCLOSURE OF ANY AUDIO  RECORDINGS  OR  VIDEO  FOOTAGE  SHALL  BE
 DELAYED, AT THE ATTORNEY GENERAL'S DISCRETION, ONLY IF SUCH A DISCLOSURE
 S. 8825                             4
 
 WOULD COMPROMISE AN ONGOING CRIMINAL INVESTIGATION OR PROSECUTION, OR AT
 THE REQUEST OF THE DECEDENT'S FAMILY.
   (C)  REDACTIONS OF AUDIO RECORDS OR VIDEO FOOTAGE SHALL BE MADE PURSU-
 ANT TO ITS VIDEO RELEASE POLICY.
   (D) NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED  TO  PROHIBIT  OR
 RESTRICT  THE  DISCLOSURE  OF  AUDIO  RECORDINGS OR VIDEO FOOTAGE TO ANY
 PERSON OR ENTITY OTHERWISE LAWFULLY ENTITLED TO RECEIVE SUCH  RECORDINGS
 OR FOOTAGE PURSUANT TO LAW, COURT ORDER, OR LAWFUL PROCESS.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as part A  of  a  chapter  of  the  laws  of  2025  amending  the
 correction  law  relating  to  requiring the disclosure of video footage
 related to the death of an incarcerated individual involving  a  correc-
 tional  officer,  as proposed in legislative bill numbers S. 8415 and A.
 8871, takes effect.
 
                                  PART B
 
   Section 1. Section 628 of the correction law, as added by a chapter of
 the laws of 2025 relating to requiring institutions  and  local  correc-
 tional  facilities  to  adhere  to certain camera footage, recording and
 investigation standards, as proposed  in  legislative  bill  numbers  S.
 8415 and A. 8871, is REPEALED.
   §  2.  The  correction law is amended by adding a new section 135-a to
 read as follows:
   § 135-A. FIXED CAMERA COVERAGE. 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
 OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   (B) "COVERED VEHICLE" MEANS ANY VEHICLE  USED  FOR  THE  TRANSPORT  OF
 INCARCERATED INDIVIDUALS.
   (C) "COMPREHENSIVE CAMERA COVERAGE" MEANS THE INSTALLATION, OPERATION,
 AND  MAINTENANCE  OF  FIXED OR STATIONARY CAMERAS SUFFICIENT TO CAPTURE,
 WITHOUT COMPLETE FIXED OBSTRUCTION, AUDIO AND CLEAR  VISUAL  FOOTAGE  OF
 THE  ACTIVITIES  AND  MOVEMENT  OF ALL PERSONS WITHIN ALL HOUSING UNITS,
 COMMON AREAS, MEDICAL  UNITS,  CORRIDORS,  PROGRAM  AND  SERVICE  AREAS,
 ENTRANCES, EXITS, AND OTHER SPACES IN WHICH INCARCERATED INDIVIDUALS ARE
 PRESENT  IN  EACH  SUCH  COVERED FACILITY, OPERATING TWENTY-FOUR HOURS A
 DAY, WITH THE EXCEPTION OF THE INTERIOR OF CELLS,  SHOWERS,  AND  TOILET
 AREAS AND OPERATING WITHIN EACH COVERED VEHICLE AT ANY TIME SUCH VEHICLE
 IS OCCUPIED BY ANY INDIVIDUAL.
   (D)  "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.
   2. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  COMMISSIONER SHALL DEVELOP A PLAN TO ESTABLISH COMPREHEN-
 SIVE CAMERA COVERAGE FOR EACH COVERED FACILITY AND WITHIN  EACH  COVERED
 VEHICLE,  WHICH  SHALL INCLUDE THE FINANCIAL AND OPERATIONAL FEASIBILITY
 OF ESTABLISHING SUCH COVERAGE AND STORING AND RETAINING FOOTAGE OF  SUCH
 COVERAGE,  AS  WELL AS REASONABLE PROJECTED TIMELINES FOR IMPLEMENTATION
 AT EACH FACILITY.  UPON COMPLETION OF THE WRITTEN PLAN, THE COMMISSIONER
 SHALL PROMPTLY TRANSMIT THE PLAN TO THE SPEAKER  OF  THE  ASSEMBLY,  THE
 TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR.
   3.  FOLLOWING  TRANSMISSION  OF  THE WRITTEN PLAN REQUIRED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL IMMEDIATELY TAKE
 ALL REASONABLE AND NECESSARY STEPS TO  COMMENCE  IMPLEMENTATION  OF  THE
 S. 8825                             5
 
 PLAN  AND  TO  ESTABLISH  COMPREHENSIVE  CAMERA COVERAGE AT EACH COVERED
 FACILITY AND WITHIN EACH COVERED VEHICLE IN ACCORDANCE  WITH  THE  TIME-
 LINES  SET  FORTH  THEREIN,  SUBJECT TO THE AVAILABILITY OF APPROPRIATED
 FUNDS.    NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO PROHIBIT OR
 DISCOURAGE THE COMMISSIONER FROM INITIATING IMPLEMENTATION OF ANY COMPO-
 NENT OF THE PLAN PRIOR TO SUCH TRANSMISSION.
   4. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  COMMISSIONER  SHALL  PROMULGATE  RULES AND REGULATIONS TO
 ENSURE THAT ONCE A COVERED FACILITY OR COVERED VEHICLE HAS BEEN EQUIPPED
 WITH COMPREHENSIVE CAMERA COVERAGE, SUCH  COVERED  FACILITY  OR  COVERED
 VEHICLE  SHALL  MAINTAIN  A CONSISTENT STATE OF COVERAGE. SUCH RULES AND
 REGULATIONS SHALL, AT A MINIMUM, INCLUDE:
   (A) ROUTINE INSPECTION OF CAMERA PLACEMENT, FUNCTIONALITY, IMAGE QUAL-
 ITY, AND DATA RETENTION;
   (B)  PROTOCOLS  FOR  ADDRESSING  NON-FUNCTIONING  CAMERAS,   INCLUDING
 REASONABLE TIMEFRAMES FOR REPAIR OR REPLACEMENT;
   (C) PROCEDURES FOR DOCUMENTING AND INVESTIGATING EQUIPMENT FAILURES OR
 GAPS IN COVERAGE, INCLUDING BLIND SPOTS;
   (D)  REQUIREMENTS  FOR RETENTION, STORAGE, AND SECURE ACCESS TO CAMERA
 FOOTAGE, INCLUDING A MINIMUM RETENTION PERIOD OF NO LESS THAN SIXTY DAYS
 FOR ALL FOOTAGE, AND A REQUIREMENT THAT ANY FOOTAGE RELATED TO AN INVES-
 TIGATION BY THE DEPARTMENT'S OFFICE OF SPECIAL INVESTIGATIONS  REGARDING
 AN  ALLEGATION OF STAFF MISCONDUCT OR CRIMINAL ACTIVITY BE PRESERVED FOR
 NO LESS THAN FIVE YEARS, OR LONGER IF REQUIRED  BY  LAW,  INVESTIGATION,
 LITIGATION HOLD, OR ADMINISTRATIVE PROCEEDING; AND
   (E) REGULAR REVIEW OF CAMERA SYSTEMS TO ENSURE CONTINUED EFFECTIVENESS
 IN PROMOTING SAFETY, ACCOUNTABILITY, AND FACILITY OPERATIONS.
   5.  FIXED  OR  STATIONARY  CAMERA  FOOTAGE FROM COVERED FACILITIES AND
 COVERED VEHICLES UNDER THIS  SECTION  SHALL  BE  PROVIDED  IF  A  FORMAL
 RECORDING REQUEST IS MADE AND ACCOMPANIED BY A VALID SUBPOENA OR A COURT
 ORDER  ISSUED  BY  A  COURT  OF  COMPETENT JURISDICTION. NOTHING IN THIS
 SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT OR RESTRICT THE DISCLOSURE OF
 AUDIO RECORDINGS OR VIDEO FOOTAGE TO  ANY  PERSON  OR  ENTITY  OTHERWISE
 LAWFULLY ENTITLED TO RECEIVE SUCH RECORDINGS OR FOOTAGE PURSUANT TO LAW,
 COURT ORDER, OR LAWFUL PROCESS.
   6.  THE OFFICE OF THE STATE INSPECTOR GENERAL MAY RECEIVE AND INVESTI-
 GATE COMPLAINTS FROM ANY SOURCE, OR UPON  THE  INSPECTOR  GENERAL'S  OWN
 INITIATIVE,   CONCERNING   ALLEGATIONS  OF  FAILURE  TO  ADHERE  TO  THE
 PROVISIONS OF THIS SECTION. THE OFFICE OF THE  STATE  INSPECTOR  GENERAL
 MAY ALSO CONDUCT AUDITS OF COVERED FACILITIES, AS APPROPRIATE, TO ENSURE
 COMPLIANCE WITH THIS SECTION.
   7.  THE COMMISSIONER SHALL MAKE AN ANNUAL REPORT TO THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE GOVERNOR,  AND  THE
 STATE  INSPECTOR  GENERAL  OF THE ACTIONS TAKEN PURSUANT TO THIS SECTION
 INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION OF INCIDENTS  AND  INVESTI-
 GATIONS  REGARDING  EQUIPMENT FAILURES OR GAPS IN COVERAGE BEGINNING ONE
 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION; PROVIDED,  HOWEVER,  THAT
 THE  REPORT  SHALL  BE  PREPARED  IN A MANNER THAT DOES NOT UNDERMINE OR
 COMPROMISE FACILITY SECURITY, THE SAFETY OF STAFF OR INCARCERATED  INDI-
 VIDUALS, OR ONGOING INVESTIGATIONS.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section  1. Section 624 of the correction law, as amended by part C of
 a chapter of the laws of 2025 amending the correction  law  relating  to
 S. 8825                             6
 
 providing notice of the death of an incarcerated individual occurring in
 the  custody of the department of corrections and community supervision,
 as proposed in legislative bill numbers S. 8415 and A. 8871, is  amended
 to read as follows:
   §  624.  Next  of  kin;  death of incarcerated individual. 1.  (a) The
 department shall promptly notify the next of kin and  any  other  person
 designated  as  the  representative of any incarcerated individual whose
 death takes place during custody.
   (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] IN THE FINAL autopsy report as such
 information becomes available. THE DEPARTMENT  SHALL  BE  RESPONSIVE  TO
 INQUIRIES FROM THE NEXT OF KIN AND OTHER PERSON DESIGNATED AS THE REPRE-
 SENTATIVE REGARDING THE PRELIMINARY DETERMINATION.
   (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]  FORTY-EIGHT hours after the next of kin and
 any other person designated as a representative  has  been  notified  of
 such  death, the department shall publish public notice of such death on
 the department's website.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as section 2 of part C of a chapter of the laws of 2025 amending
 the correction law relating to providing  notice  of  the  death  of  an
 incarcerated  individual  occurring  in the custody of the department of
 corrections and community supervision, as proposed in  legislative  bill
 numbers S. 8415 and A. 8871, takes effect.

                                  PART D
 
   Section  1.  Section  2  of  part  D  of a chapter of the laws of 2025
 directing the state commission of correction to conduct a  comprehensive
 study  on deaths in state correctional facilities within New York state,
 as proposed in legislative bill numbers S. 8415 and A. 8871, is  amended
 to read as follows:
   §  2.  Within [one year] EIGHTEEN MONTHS 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.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  part  D of a chapter of the laws of 2025 directing the state
 commission of correction to conduct a comprehensive study on  deaths  in
 state  correctional  facilities  within  New  York state, as proposed in
 legislative bill numbers S. 8415 and A. 8871, takes effect.
 
                                  PART E
 
   Section 1. Subdivision 6 of section 677 of the county law, as  amended
 by  section  3  of  part E of a chapter of the laws of 2025 amending the
 county law relating to requiring autopsy reports to include photographs,
 microscopic slides, and post-mortem x-rays taken by,  at  the  direction
 of,  or  reviewed  by  the person performing the autopsy, as proposed in
 legislative bill numbers S. 8415 and A. 8871,  is  amended  to  read  as
 follows:
 S. 8825                             7
 
   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  [chairperson]  CHAIR  of  the
 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 their county; and shall promptly provide the exec-
 utive director of the justice center for the protection of  people  with
 special  needs  with  copies of any autopsy report, toxicology report or
 any report of any examination or inquiry prepared with  respect  to  the
 death  of  any service recipient occurring while such person was a resi-
 dent in any facility operated, licensed or certified by any agency with-
 in 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 agen-
 cy with the coroner or medical examiner, such report shall  be  promptly
 provided  to  the  [chairperson]  CHAIR of the correction medical review
 board, the commissioner of corrections and community supervision or  the
 executive  director  of  the justice center for THE PROTECTION OF people
 with special needs, as appropriate, by such person, partnership,  corpo-
 ration  or governmental agency. For the purposes of this subdivision, in
 addition to anything else required by law, [an] THE COPY OF THE  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.    SUCH  COPY  OF  THE
 AUTOPSY  REPORT  MAY ALSO INCLUDE IMAGES OF ALL MICROSCOPIC SLIDES TAKEN
 BY OR AT THE DIRECTION OF THE PERSON PERFORMING THE AUTOPSY  AND  IMAGES
 OF  ALL MICROSCOPIC SLIDES 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. IF SUCH IMAGES
 OF MICROSCOPIC SLIDES ARE NOT INCLUDED IN THE COPY OF THE AUTOPSY REPORT
 PROVIDED PURSUANT TO THIS SUBDIVISION, THE COPY OF  THE  AUTOPSY  REPORT
 SHALL INDICATE THAT SUCH IMAGES OF MICROSCOPIC SLIDES HAVE BEEN OMITTED,
 AND,  UPON  REQUEST OF THE CHAIR OF THE CORRECTION MEDICAL REVIEW BOARD,
 THE COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE  EXECU-
 TIVE  DIRECTOR  OF  THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH
 SPECIAL NEEDS, A CORONER, CORONER'S PHYSICIAN OR MEDICAL EXAMINER  SHALL
 PROMPTLY  PROVIDE  ACCESS  TO  INSPECT SUCH MICROSCOPIC SLIDES OR, WHERE
 PRACTICABLE, PROVIDE IMAGES OF SUCH MICROSCOPIC SLIDES.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  part  E of a chapter of the laws of 2025 amending the county
 law relating 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, as proposed in legisla-
 tive bill numbers S. 8415 and A. 8871, takes effect.
 
                                  PART F
 
                           Intentionally Omitted
 S. 8825                             8
 
                                  PART G
 
   Section  1.  Subdivision  7  of  section 112 of the correction law, as
 added by a chapter of the laws  of  2025  amending  the  correction  law
 relating  to reports on data collected from the office of special inves-
 tigations, as proposed in legislative bill numbers S. 8415 and A.  8871,
 is amended to read as follows:
   7.  (a) FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "SUBSTANTIATED ALLEGATION" MEANS AN ALLEGATION THAT  WAS  INVESTI-
 GATED  AND  DETERMINED  TO HAVE OCCURRED. AN ALLEGATION IS DETERMINED TO
 HAVE OCCURRED BASED ON A PREPONDERANCE OF THE EVIDENCE;
   (II) "UNFOUNDED ALLEGATION" MEANS AN ALLEGATION THAT WAS  INVESTIGATED
 AND DETERMINED NOT TO HAVE OCCURRED;
   (III) "UNSUBSTANTIATED ALLEGATION" MEANS AN ALLEGATION THAT WAS INVES-
 TIGATED  AND  THE INVESTIGATION PRODUCED INSUFFICIENT EVIDENCE TO MAKE A
 FINAL DETERMINATION AS TO WHETHER OR NOT THE EVENT OCCURRED.
   (B) 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]  SUBSTANTI-
 ATED,  UNSUBSTANTIATED, AND UNFOUNDED ALLEGATIONS received by the office
 of special investigations categorized by [facility the complaint  origi-
 nated  from] LOCATION OF THE ALLEGED INCIDENT, complaint type or allega-
 tion, subject of the [complaint] ALLEGATION (i.e. incarcerated  individ-
 ual,  security staff, civilian staff, or other), and how the [complaint]
 ALLEGATION 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
 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] LOCATION OF THE ALLEGED INCIDENT 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] LOCATION OF
 THE ALLEGED INCIDENT, the complaint type or allegation, and the  subject
 of  the  [complaint]  ALLEGATION (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]  THE  LOCATION  OF  THE
 ALLEGED INCIDENT; and
   (vi)  office   of   special investigations staffing data including the
 total number of staff, position type, and number of open positions.
   [(b)] (C) The commissioner shall report annually the average length of
 time to close an investigation by the office of special investigation by
 S. 8825                             9
 
 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 on the same date and in the same
 manner as a chapter of the laws of  2025  amending  the  correction  law
 relating  to reports on data collected from the office of special inves-
 tigations, as proposed in legislative bill numbers S. 8415 and A.  8871,
 takes effect.
 
                                  PART H
 
   Section  1.  Section 41 of the correction law, as amended by section 1
 and subdivision 1 as amended by section 2 of part H of a chapter of  the
 laws  of  2025 amending the correction law relating to the membership of
 the state commission of correction,  as  proposed  in  legislative  bill
 numbers S. 8415 and A. 8871, 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 [nine] FIVE  persons,  [three  of  whom  shall]  TO  be
 appointed by the governor[, two of whom shall be appointed by the speak-
 er  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] BY AND WITH THE CONSENT OF THE SENATE.
   (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] AT A MINIMUM,
 ONE MEMBER APPOINTED SHALL  BE  A  PERSON  FORMERLY  INCARCERATED  IN  A
 CORRECTIONAL FACILITY LOCATED IN NEW YORK AND ONE MEMBER APPOINTED SHALL
 HAVE  ONE  OR  MORE  OF  THE  FOLLOWING QUALIFICATIONS:   LICENSURE AS A
 HEALTHCARE PROFESSIONAL AUTHORIZED TO PRACTICE IN NEW YORK STATE; LICEN-
 SURE AS AN ATTORNEY AUTHORIZED TO PRACTICE  IN  THIS  STATE  WHO  HAS  A
 PROFESSIONAL  BACKGROUND  IN  INDIGENT  CRIMINAL  DEFENSE  OR PRISONER'S
 RIGHTS LITIGATION OR EXPERIENCE AS A LEGAL POLICY PROFESSIONAL  WHO  HAS
 PROFESSIONAL  EXPERIENCE  RELATED TO THE RIGHTS OF INCARCERATED INDIVID-
 UALS; OR PROFESSIONAL EXPERIENCE IN ANOTHER FIELD DEEMED RELEVANT TO THE
 PROMOTION OF AN EFFICIENT, HUMANE, AND LAWFUL CORRECTIONAL SYSTEM.   TWO
 OF THE MEMBERS SHALL BE PART-TIME.
   (c)  The  [members of the commission] GOVERNOR shall [annually] desig-
 nate one of the appointed FULL-TIME members as chairperson to  serve  AS
 SUCH at [such members of the commission's] THE pleasure OF THE GOVERNOR.
 THE  PART-TIME  MEMBERS  APPOINTED TO THE COMMISSION SHALL RECEIVE A PER
 DIEM OF FIVE HUNDRED DOLLARS FOR WORK ACTUALLY PERFORMED NOT  TO  EXCEED
 FIFTY  THOUSAND  DOLLARS IN ANY ONE CALENDAR YEAR. The FULL-TIME members
 shall devote full time to their duties and shall hold no other  salaried
 public position.
 S. 8825                            10
 
   2.  The  members  shall hold office for terms of five years[; provided
 that the 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
 [appointing authority who nominated the member] GOVERNOR for cause after
 an opportunity to be heard in 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 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 (a) of section 42 of the correction law, as added  by
 chapter 865 of the laws of 1975, paragraph 1 as amended by section 34 of
 part  PP  of  chapter  56 of the laws of 2022, paragraph 2 as amended by
 chapter 309 of the laws of 1996, paragraph 3 as amended  by  section  2,
 paragraph  4  as  amended  by  section  3, and paragraph 5 as amended by
 section 4 of part HH of chapter 55 of the laws of 2025,  is  amended  to
 read as follows:
   (a)  1.  There  shall  be within the commission a citizen's policy and
 complaint review council. It shall consist of nine persons [to], SIX  OF
 WHOM  SHALL  be  appointed  by  the governor, by and with the advice and
 consent of the senate. One person so appointed shall have served in  the
 armed  forces of the United States in any foreign war, conflict or mili-
 tary occupation, who (i)  was  discharged  therefrom  under  other  than
 dishonorable  conditions, or (ii) has a qualifying condition, as defined
 in section one of  the  veterans'  services  law,  and  has  received  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (iii) is a discharged LGBT veteran, as defined in  section  one  of  the
 veterans'  services  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or shall be a  duly  licensed
 mental  health  professional who has professional experience or training
 with regard to post-traumatic stress syndrome. One person  so  appointed
 shall  be  an attorney admitted to practice in this state. One person so
 appointed shall be a former incarcerated individual  of  a  correctional
 facility.  One person so appointed shall be a former correction officer.
 One person so appointed shall be a former resident  of  a  division  for
 youth secure center or a health care professional duly licensed to prac-
 tice  in  this state. One person so appointed shall be a former employee
 of the office of children and family services who  has  directly  super-
 vised  youth in a secure residential center operated by such office.  In
 addition, THE PART-TIME COMMISSION MEMBERS APPOINTED SHALL SERVE ON  THE
 COUNCIL.  LASTLY,  the  governor  shall  designate  one of the full-time
 members other than the chair of the commission as chair of  the  council
 to serve as such at the pleasure of the governor.
   2.  The  [nine] SIX appointed members of the council shall hold office
 for five years[; provided that of the seven members first appointed, two
 shall be appointed for a term of one year, two shall be appointed for  a
 term of two years, one shall be appointed for a term of three years, one
 shall  be  appointed for a term of four years and one shall be appointed
 for a term of five  years  from  January  first  next  succeeding  their
 appointment].  Any appointed member of the council may be removed by the
 governor  for  cause  after  an  opportunity  to be heard in [his] THEIR
 defense.
 S. 8825                            11
 
   3. Any member chosen to fill in a vacancy created other than by  expi-
 ration  of  term  shall  be  appointed  for  the  unexpired  term of the
 succeeded member. Vacancies caused by the expiration of term  or  other-
 wise shall be filled in the same manner as original appointments.
   4.  The  members  of  the  council  other  than the [chair] COMMISSION
 MEMBERS shall receive no compensation for their services but each member
 other than the [chair] COMMISSION MEMBERS shall be entitled  to  receive
 actual  and  necessary  expenses  incurred in the performance of council
 duties.
   5. No appointed member of the council shall qualify or enter upon  the
 duties of office, or remain therein, while an officer or employee of the
 department  of corrections and community supervision or any correctional
 facility or is in a position to exercise administrative supervision over
 any correctional facility. The council shall have such staff as shall be
 necessary to assist it in the  performance  of  its  duties  within  the
 amount  of  the appropriation therefor as determined by the chair of the
 commission.
   6. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  ANY
 MEMBER  OF  THE  COUNCIL SERVING ON THE EFFECTIVE DATE OF THIS PARAGRAPH
 MAY CONTINUE TO SERVE UNTIL SUCH MEMBER RESIGNS, IS REMOVED,  OR  OTHER-
 WISE VACATES SUCH OFFICE.
   §  3. Subdivisions 1 and 4 of section 43 of the correction law, subdi-
 vision 1 as amended by section 7 of part HH of chapter 55 of the laws of
 2025, and subdivision 4 as added by chapter 865 of the laws of 1975, are
 amended to read as follows:
   1. There shall be within the commission a  correction  medical  review
 board.  It  shall consist of six persons to be appointed by the governor
 by and with the advice and consent of the senate. In addition, THE PART-
 TIME COMMISSION MEMBERS SHALL SERVE ON THE BOARD. LASTLY,  the  governor
 shall  designate  [one of] the full-time [members] MEMBER other than the
 chair of the commission and the chair of the council  as  chair  of  the
 board to serve as such at the pleasure of the governor. Of the appointed
 members  of the board one shall be a physician duly licensed to practice
 in this state; one shall be a physician duly  licensed  to  practice  in
 this  state  and  a board certified forensic pathologist; one shall be a
 physician duly licensed to practice in this state and shall be  a  board
 certified  forensic  psychiatrist;  one shall be an attorney admitted to
 practice in this state; two shall be members appointed at large.
   4. The members of the board, OTHER THAN THE COMMISSION MEMBERS,  shall
 receive  no  compensation  for  their  services but each member shall be
 entitled to receive [his] THEIR actual and necessary  expenses  incurred
 in the performance of [his] THEIR duties.
   § 4. Section 3 of part H of a chapter of the laws of 2025 amending the
 correction  law  relating  to  the membership of the state commission of
 correction, as proposed in legislative bill numbers S. 8415 and A. 8871,
 is amended to read as follows:
   § 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  HH
 of [such] chapter 55 of the laws of 2025 takes effect.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one, two, and three of this act shall take effect on  the  same
 date  and  in  the same manner as a chapter of the laws of 2025 amending
 the correction law relating to the membership of the state commission of
 S. 8825                            12
 
 correction, as proposed in legislative bill numbers S. 8415 and A. 8871,
 takes effect.
 
                                  PART I
 
   Section  1.  Subdivision  3  of  section 146 of the correction law, as
 amended by section 2 of part I of a chapter of the laws of 2025 amending
 the correction law relating  to  correctional  facility  visits  by  the
 correctional  association,  as  proposed  in legislative bill numbers S.
 8415 and A. 8871, 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  twenty-four  hours
 advance notice to the department.  FOR ANY VISIT THAT WILL INCLUDE UNITS
 OR  AREAS STAFFED BY THE OFFICE OF MENTAL HEALTH, SUCH NOTICE SHALL ALSO
 BE PROVIDED TO THE OFFICE OF MENTAL HEALTH.  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[; provided, however, that]. IN  ADDITION,  the
 department may restrict access to a portion of a facility in an emergen-
 cy  situation for the duration of the emergency. For the purpose of this
 subdivision, an emergency shall be determined by the commissioner or 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.    [At]  UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AT the commencement
 [and] OR 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.  [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  asso-
 ciation,  upon  the correctional association's request during the course
 of any visit. The] UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AND  WITH  THE
 CONSENT  OF  THE PARTY, THE correctional association may meet privately,
 WITHOUT REPRESENTATIVES OF THE CENTRAL OFFICE  PRESENT,  with  REPRESEN-
 TATIVES  OF  THE OFFICE OF MENTAL HEALTH AND ANY OTHER ENTITIES OR AGEN-
 CIES THAT ARE PROVIDING SERVICES IN A FACILITY, the  incarcerated  indi-
 vidual   liaison  committee  and  representatives  of  the  incarcerated
 individual grievance resolution committee or any other  organization  of
 incarcerated individuals recognized 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
 S. 8825                            13
 
 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 anyone who speaks with
 the correctional association. The department may not limit the number of
 individuals the correctional association may interview or  the  duration
 of  the  interviews, in any manner unreasonable under the circumstances.
 [The] DURING THE COURSE OF ANY VISIT,  INSPECTION  OR  EXAMINATION,  THE
 correctional association shall have the power to conduct private, confi-
 dential meetings reasonable in number under [a facility's immediate] THE
 circumstances  [at  their pleasure and without notice to the department]
 with incarcerated individuals 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.
   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;
 S. 8825                            14

   (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;
   (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.], ON A QUARTERLY
 BASIS, MAY REQUEST AND, TO THE  EXTENT  PRACTICABLE,  RECEIVE  FROM  THE
 DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT THE FOLLOW-
 ING INFORMATION AND RECORDS:
   (I) INDIVIDUAL-LEVEL RECORDS FOR ALL INDIVIDUALS ADMITTED INTO CUSTODY
 DURING  THE  PREVIOUS  QUARTER, UNDER CUSTODY AT THE END OF THE PREVIOUS
 QUARTER, RELEASED FROM CUSTODY  DURING  THE  PREVIOUS  QUARTER,  AND  ON
 PAROLE AT THE END OF THE PREVIOUS QUARTER;
   (II)  DEPARTMENTAL  STAFFING LEVELS AT EACH FACILITY AT THE END OF THE
 PREVIOUS QUARTER;
   (III) UNDER CUSTODY DEATHS AT EACH FACILITY DURING THE PREVIOUS  QUAR-
 TER;
   (IV) REPORT-LEVEL UNUSUAL INCIDENTS DURING THE PREVIOUS QUARTER;
   (V) THE NUMBER AND TYPE OF DISCIPLINARY HEARINGS HELD AT EACH FACILITY
 DURING THE PREVIOUS QUARTER, INCLUDING CHARGES AND SANCTIONS IMPOSED;
   (VI)  THE  NUMBER AND TYPE OF GRIEVANCES FILED AT EACH FACILITY DURING
 THE PREVIOUS QUARTER; AND
   (VII) INCARCERATED INDIVIDUALS AT EACH FACILITY ENROLLED  IN  PROGRAM-
 MING AND ACADEMIC AND VOCATIONAL EDUCATION DURING THE PREVIOUS QUARTER.
   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 issue reports and recommendations to the governor,
 the  legislature  and  the  public  about  the  conditions and issues at
 correctional facilities. When preparing such formal reports  and  recom-
 mendations,  the  correctional association shall submit a tentative copy
 of such report and recommendations to the commissioner. The commissioner
 S. 8825                            15
 
 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 there-
 after  submits  its final report and recommendations, it shall contain a
 complete copy of the response, if any, submitted to the tentative report
 and recommendations.
   f.  The correctional association may send [written and/or  electronic]
 surveys  or  questionnaires 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 incarcerated shall be permitted to  confidentially  complete  and
 return  to  the correctional association such surveys [either in written
 format or  electronically].    The  correctional  association  may  also
 receive  free  [confidential] phone calls [and emails] from incarcerated
 individuals [and/or set up] THROUGH a [confidential] hotline SET  UP  BY
 THE  CORRECTIONAL  ASSOCIATION  for individuals to use if they choose to
 contact them, AND THE DEPARTMENT SHALL NOT TRACK OR MONITOR SUCH  CALLS.
 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.
   g.    The access, visits, and inspection of state correctional facili-
 ties by the correctional association pursuant to this subdivision  shall
 be  undertaken  solely  in furtherance of the correctional association'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 designees shall be
 required to sign an acknowledgement of the foregoing as a  condition  of
 entry into a correctional facility pursuant to this subdivision.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as part I  of  a  chapter  of  the  laws  of  2025  amending  the
 correction  law  relating to correctional facility visits by the correc-
 tional association, as proposed in legislative bill numbers S. 8415  and
 A. 8871, takes effect.
 
                                  PART J
 
   Section  1. Section 208-a of the civil practice law and rules as added
 by section 1 of part J of a chapter of the laws  of  2025  amending  the
 civil practice law and rules, the general municipal law and the court of
 claims  act  relating to the tolling of statute of limitations for indi-
 viduals in state custody, as proposed in  legislative  bill  numbers  S.
 8415 and A.  8871, is amended 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-
 S. 8825                            16

 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] HAVE THE FULL BENEFIT OF THE LIMITATIONS  PERIOD  PROVIDED
 IN  THE  RELEVANT SECTION OF LAW AND, IN ADDITION, SHALL HAVE A TWO-YEAR
 WINDOW FOLLOWING THE DATE OF THE  PERSON'S  RELEASE  FROM  THE  RELEVANT
 PERIOD OF CUSTODY WITHIN WHICH TO COMMENCE AN ACTION BASED ON SUCH INJU-
 RY  OR CONDITION. FOR ANY CLAIM THAT WOULD HAVE BEEN TIME-BARRED BUT FOR
 THE APPLICATION OF THIS SECTION, NO NOTICE OF CLAIM OR NOTICE OF  INTEN-
 TION  TO  FILE A CLAIM SHALL BE REQUIRED AS A CONDITION PRECEDENT TO THE
 COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS EXEMPTION  SHALL
 NOT  APPLY  TO  ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE
 STATUTE OF LIMITATIONS.
   § 2. Paragraph (c) of subdivision 8 of section  50-e  of  the  general
 municipal  law, as added by section 2 of part J of a chapter of the laws
 of 2025 amending the civil practice law and rules, the general municipal
 law and the court of claims act relating to the tolling  of  statute  of
 limitations for individuals in state custody, as proposed in legislative
 bill numbers S. 8415 and A. 8871, is REPEALED.
   §  3.  Paragraph  (a)  of subdivision 1 of section 50-e of the general
 municipal law, as amended by chapter 738 of the laws of 1981, is amended
 to read as follows:
   (a) In any case founded upon tort where a notice of claim is  required
 by  law  as  a  condition  precedent to the commencement of an action or
 special proceeding against a  public  corporation,  as  defined  in  the
 general construction law, or any officer, appointee or employee thereof,
 the  notice  of claim shall comply with and be served in accordance with
 the provisions of this  section  within  ninety  days  after  the  claim
 arises; except that in wrongful death actions, the ninety days shall run
 from  the  appointment  of  a  representative  of the decedent's estate.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION SHALL
 NOT APPLY TO ANY OTHERWISE TIME-BARRED CIVIL CLAIMS OR CAUSES OF  ACTION
 REVIVED  BY  SECTION  TWO  HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND
 RULES. THIS EXEMPTION SHALL NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER
 THE OTHERWISE APPLICABLE STATUTE OF LIMITATIONS.
   § 4. Subdivision 6 of section 50-i of the general  municipal  law,  as
 added  by  section 3 of part J of a chapter of the laws of 2025 amending
 the civil practice law and rules, the  general  municipal  law  and  the
 court  of  claims  act relating to the tolling of statute of limitations
 for individuals in  state  custody,  as  proposed  in  legislative  bill
 numbers S.  8415 and A. 8871, is amended 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]  ANY  PERSON  WHO  SUFFERS
 PHYSICAL,  PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION WHILE IN  CUSTODY
 SHALL HAVE, PURSUANT TO SECTION TWO  HUNDRED EIGHT-A OF THE CIVIL  PRAC-
 TICE  LAW AND RULES, THE FULL BENEFIT OF THE LIMITATIONS PERIOD PROVIDED
 IN THIS SECTION AND, IN ADDITION, SHALL HAVE A TWO-YEAR WINDOW FOLLOWING
 THE DATE OF THE PERSON'S RELEASE FROM  THAT  PERIOD  OF  CUSTODY  WITHIN
 S. 8825                            17
 
 WHICH  TO  COMMENCE AN ACTION BASED ON SUCH INJURY OR CONDITION. FOR ANY
 OTHERWISE TIME-BARRED CIVIL  CLAIMS  OR  CAUSES  OF  ACTION  REVIVED  BY
 SECTION  TWO  HUNDRED  EIGHT-A  OF  THE CIVIL PRACTICE LAW AND RULES, NO
 NOTICE  OF  CLAIM  SHALL  BE  REQUIRED  AS  A CONDITION PRECEDENT TO THE
 COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS EXEMPTION  SHALL
 NOT  APPLY  TO  ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE
 STATUTE OF LIMITATIONS.
   § 5. Subdivision 11 of section 10 of the court of claims act, as added
 by section 4 of part J of a chapter of the laws  of  2025  amending  the
 civil practice law and rules, the general municipal law and the court of
 claims  act  relating to the tolling of statute of limitations for indi-
 viduals in state custody, as proposed in  legislative  bill  numbers  S.
 8415 and A.  8871, is amended 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] ANY PERSON WHO
 SUFFERS PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  WHILE  IN
 CUSTODY SHALL HAVE, PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE CIVIL
 PRACTICE  LAW  AND  RULES,  THE  FULL  BENEFIT OF THE LIMITATIONS PERIOD
 PROVIDED IN THIS SECTION AND, IN ADDITION, SHALL HAVE A TWO-YEAR  WINDOW
 FOLLOWING  THE  DATE OF THE PERSON'S RELEASE FROM THAT PERIOD OF CUSTODY
 WITHIN WHICH TO COMMENCE AN ACTION BASED ON SUCH  INJURY  OR  CONDITION.
 FOR  ANY  OTHERWISE TIME-BARRED CIVIL CLAIMS OR CAUSES OF ACTION REVIVED
 BY SECTION TWO HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND  RULES,  NO
 NOTICE  OF  INTENTION  TO  FILE A CLAIM SHALL BE REQUIRED AS A CONDITION
 PRECEDENT TO THE COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS
 EXEMPTION SHALL NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE  OTHER-
 WISE APPLICABLE STATUTE OF LIMITATIONS.
   §  6. Subdivision d of section 11 of the court of claims act, as added
 by section 5 of part J of a chapter of the laws  of  2025  amending  the
 civil practice law and rules, the general municipal law and the court of
 claims  act  relating to the tolling of statute of limitations for indi-
 viduals in state custody, as proposed in  legislative  bill  numbers  S.
 8415 and A.  8871, is amended 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] ANY OTHERWISE TIME-
 BARRED CIVIL CLAIMS OR CAUSES OF ACTION REVIVED BY SECTION  TWO  HUNDRED
 EIGHT-A  OF  THE  CIVIL PRACTICE LAW AND RULES. THIS EXEMPTION SHALL NOT
 APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE  STAT-
 UTE  OF  LIMITATIONS,  PROVIDED  THAT,  THE  COURT,  IN  EXERCISING  ITS
 DISCRETION AS OTHERWISE PERMITTED BY LAW REGARDING THE CLAIM  OR  NOTICE
 OF INTENTION TO FILE A CLAIM SHALL, IN THE INTEREST OF JUSTICE, GIVE DUE
 CONSIDERATION TO DIFFICULTIES OF PROOF CAUSED BY INCARCERATION.
   § 7. Section 6 of part J of a chapter of the laws of 2025 amending the
 civil practice law and rules, the general municipal law and the court of
 claims  act  relating to the tolling of statute of limitations for indi-
 viduals in state custody, as proposed in  legislative  bill  numbers  S.
 8415 and A. 8871, is amended to read as follows:
   §  6.  This  act shall take effect immediately AND APPLY TO PERIODS OF
 CUSTODY THAT END ON OR AFTER THE EFFECTIVE DATE OF THIS  ACT  AND  SHALL
 NOT  REVIVE  OR OTHERWISE EXTEND ANY CLAIM THAT WAS TIME-BARRED PRIOR TO
 SUCH EFFECTIVE DATE.
 S. 8825                            18
 
   § 8. This act shall take effect immediately; provided,  however,  that
 sections  one,  two,  three,  four,  five and six of this act shall take
 effect on the same date and in the same manner as part J of a chapter of
 the laws of 2025 amending the civil practice law and rules, the  general
 municipal  law  and  the  court of claims act relating to the tolling of
 statute of limitations for individuals in state custody, as proposed  in
 legislative bill numbers S. 8415 and A. 8871, takes effect.
   § 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.