Bill Text: NY A04373 | 2019-2020 | General Assembly | Amended
Bill Title: Creates a temporary state commission relating to local correctional facilities in upstate New York; emphasis shall be placed on medical and mental health care, overcrowding, inmate deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04373 Detail]
Download: New_York-2019-A04373-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4373--A 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. WEPRIN, RYAN, LIFTON -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT creating a temporary state commission relating to local correc- tional facilities in upstate New York; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. A temporary state commission is hereby created to study and 2 make recommendations relating to local correctional facilities located 3 outside of the boundaries of a city with a population of more than one 4 million people. The commission will place particular emphasis on medical 5 and mental health care (including the use of private contractors), over- 6 crowding, inmate deaths, use of force, restraints, and all segregation 7 and confinement practices and solitary confinement, but will not be 8 restricted to those topics. 9 § 2. The commission shall consist of eleven members to be appointed as 10 follows: 11 a. The chairman of the temporary state commission of correction estab- 12 lished pursuant to subdivision 1 of this section and the executive 13 director of the independent agency which conducts and coordinates the 14 protection and advocacy and client assistance programs, as established 15 pursuant to subdivision (b) of section 558 of the executive law and 16 federal law, or their representatives; 17 b. Nine members to be appointed as follows: three shall be appointed 18 by the governor; two shall be appointed by the temporary president of 19 the senate and one by the minority leader of the senate; and two shall 20 be appointed by the speaker of the assembly and one by the minority 21 leader of the assembly. Of the three members appointed by the governor, 22 none shall be an elected official or current employee of a local correc- 23 tional facility or other branch of county government. Such nine members EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05627-02-9A. 4373--A 2 1 of the commission must reside in counties under the purview of this 2 commission. Vacancies in the appointed membership of the commission 3 shall be filled in the manner provided for original appointments. 4 c. Membership on the commission shall not constitute a public office. 5 The governor shall appoint the chair of the commission. 6 § 3. The members of the commission shall receive no compensation for 7 their services, but shall be allowed their actual and necessary expenses 8 incurred in the performance of their duties pursuant to this act. 9 § 4. The members of the commission shall be given unrestricted access 10 to all local correctional facilities in the state, including the ability 11 to conduct confidential interviews of inmates and employees of such 12 facilities and to receive unredacted copies of any documents maintained 13 by such facilities, although documents that are confidential under state 14 or federal law may not be disclosed to individuals or organizations 15 otherwise unauthorized to obtain such documents by the commission or its 16 members. The commission shall also hold at least one public hearing in 17 each of the cities of Albany, Buffalo, Plattsburgh, Poughkeepsie, 18 Rochester, Syracuse and Utica, and shall have all the powers of a legis- 19 lative committee pursuant to the legislative law. 20 § 5. The commission shall issue periodic reports, no less than annual- 21 ly, of its findings and publish a final report of its findings and make 22 any recommendations it may deem necessary and appropriate to the gover- 23 nor, the temporary president of the senate, the speaker of the assembly, 24 the chairperson of the senate crime victims, crime and correction 25 committee, and the chairperson of the assembly committee on correction 26 no later than three years after the effective date of this act. The 27 report shall also make recommendations for needed regulatory changes to 28 the chairperson of the state commission of correction. 29 § 6. This act shall take effect immediately and shall expire and be 30 deemed repealed 3 years after such date.