Legislation

§ 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 persons, three of whom shall be
appointed by the governor, 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
prisoner'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 members of the commission shall annually designate one of the
appointed members as chairperson to serve at such members of the
commission's pleasure. The members shall devote full time to their
duties and shall hold no other salaried public position.

* NB Effective until May 9, 2026

* 1. (a) There shall be within the executive department a state
commission of correction. It shall consist of nine persons, three of
whom shall be appointed by the governor, 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
prisoner'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 members of the commission shall annually designate one of the
appointed members as chairperson to serve at such members of the
commission's pleasure. The members shall devote full time to their
duties and shall hold no other salaried public position.

* NB Effective May 9, 2026

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
association 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 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.