Legislation

* § 41. State commission of correction; organization. 1. There shall
be within the executive department a state commission of correction. It
shall consist of three persons to be appointed by the governor, by and
with the advice and consent of the senate. The governor shall designate
one of the appointed members as chairman to serve as such at the
pleasure of the governor. 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 serve
for a term of five years from January first next succeeding their
appointment. No member shall serve for more than ten years. Any member
of the commission may be removed by the governor for cause after an
opportunity to be heard in his defense.

3. Any member chosen to fill a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
member whom he is to succeed. Vacancies caused by expiration of term or
otherwise shall be filled in the same manner as original appointments.

* NB Effective until May 9, 2026

* § 41. State commission of correction; organization. 1. (a) There
shall be within the executive department a state commission of
correction. It shall consist of five persons, to be appointed by the
governor by and with the consent of the senate.

(b) 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; licensure 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 individuals; 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 governor shall designate one of the appointed full-time
members as chairperson to serve as such at 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.

2. The members shall hold office for terms of five years. No member
shall serve for more than ten years. Any member of the commission may be
removed by the 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
expiration 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.

* NB Effective May 9, 2026