Bill Text: NY S05877 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Increases the number of members on the state commission of correction and provides for the manner of confirmation of such members.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05877 Detail]

Download: New_York-2023-S05877-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5877

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN ACT to amend the correction law, in relation to the membership of the
          state commission of correction

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 41 of the correction law, as added by  chapter  865
     2  of the laws of 1975, is amended to read as follows:
     3    § 41. State commission of correction; organization. 1. (a) There shall
     4  be  within the executive department a state commission of correction. It
     5  shall consist of [three] nine persons [to be], three of  whom  shall  be
     6  appointed  by  the  governor[, by and with the advice and consent of the
     7  senate], two of whom shall be appointed by the speaker of the  assembly,
     8  two of whom shall be appointed by the temporary president of the senate,
     9  and  two of whom shall be appointed by the correctional association.  No
    10  nominee shall be confirmed unless: (i) at least thirty days have  passed
    11  from the date that such nominee was nominated by the appointing authori-
    12  ty; (ii) at least ten days have passed after the convening of a legisla-
    13  tive  hearing  or  hearings  conducted by the relevant committees of the
    14  senate and assembly regarding the nominee's qualifications at which  the
    15  nominee  shall  appear; and (iii) a majority of members of each relevant
    16  senate committee shall have voted to report the nomination to  the  full
    17  senate.
    18    (b) Of the members appointed by the speaker of the assembly, one shall
    19  be  a person formerly incarcerated in a correctional facility located in
    20  New York and one shall have a professional background in public  health.
    21  Of  the  members appointed by the temporary president of the senate, one
    22  shall have a professional background in behavioral  healthcare  and  one
    23  shall  be  an attorney duly licensed to practice in this state and shall
    24  have a professional background in indigent criminal defense services  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00210-05-3
        S. 5877                             2

     1  prisoner's  rights litigation.   The remaining members of the commission
     2  may have professional expertise in any other field deemed useful for the
     3  promotion of an efficient, humane, and lawful correctional  system.  The
     4  [governor] members of the commission shall annually designate one of the
     5  appointed  members as [chairman] chairperson to serve [as such] at [the]
     6  their pleasure [of the governor].  The members shall devote full time to
     7  their duties and shall hold no other salaried public position.
     8    2. The members shall hold office for terms  of  five  years;  provided
     9  that [of] the [three members first appointed, one shall serve for a term
    10  of  two  years,  one shall serve for a term of three years and one shall
    11  serve for a term of five years from January first next succeeding  their
    12  appointment]  first two members appointed by the speaker of the assembly
    13  shall serve for a term of two years; the first two members appointed  by
    14  the  temporary  president  of the senate shall serve for a term of three
    15  years; and the first two members appointed by the  correctional  associ-
    16  ation  shall  serve  for a term of four years. No member shall serve for
    17  more than ten years. Any member of the commission may be removed by  the
    18  governor  for  cause  after  an  opportunity  to  be heard in his or her
    19  defense.
    20    3. Any member chosen to fill a vacancy created other than  by  expira-
    21  tion  of  term  shall  be appointed for the unexpired term of the member
    22  whom he or she is to succeed.  Vacancies caused by expiration of term or
    23  otherwise shall be filled in the same manner as  original  appointments;
    24  provided,  however,  that if a position on the commission remains vacant
    25  for any period longer than one hundred eighty days, the members  of  the
    26  commission  may  select  an  individual to temporarily fill such vacancy
    27  whose selection satisfies the original requirements of  the  appointment
    28  pursuant to paragraph (b) of subdivision one of this section.
    29    § 2. This act shall take effect immediately.