Senate Bill S9535

                                 
BILL NUMBER: S9535

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law, in relation to preserving records of
certain violations in correctional facilities

 
PURPOSE:

The purpose of this legislation is to reinforce accountability and tran-
sparency while protecting the rights of incarcerated individuals to
track Tier 1 violations in investigations of potential retaliation or
discrimination in accordance with current legislation that requires
these records to be removed from an incarcerated individuals' discipli-
nary records.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 112 of the correction law by adding a new
subdivision 7, which directs the Commissioner of Corrections to promul-
gate rules and regulations for establishing and maintaining a system to
              

preserve data on Tier 1 violations. These records shall be kept separate
from an individual's institutional record and shall not prevent the
removal of such violations from the individual's personal record in
accordance with existing policy.

Section 2: Sets forth the effective date, which is immediate upon
passage.

 
JUSTIFICATION:

Individuals incarcerated in state prison can be written up for Tier 1
violations for trivial disciplinary matters. Tier I hearings may involve
offenses such as Disorderly Conduct, creating a Disturbance, disobeying
a Direct Order, or being Out of Place.

Current DOCCS policy requires that records of Tier 1 violations be
destroyed after 14 days so that an incarcerated individual's institu-
tional record is not permanently tainted. However, a 2022 Inspector
General Report on Racial Disparities in the Administration of Discipline
in New York State Prisons recommended preserving Tier 1 data to evaluate
potential racial discrimination in disciplinary enforcement.

This legislation responds to those recommendations by requiring Tier 1
violations to be scanned and digitally preserved for oversight purposes
while upholding the removal of these records from an individual's disci-
plinary file after 14 days.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Minimal. Any costs associated with implementing the recordkeeping system
are expected to be absorbed by existing administrative budgets.

 
EFFECTIVE DATE:
This act shall take effect immediately.