Text of NY S 312 (2024)

STATE OF NEW YORK ________________________________________________________________________ 312 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT, CLEARE, KRUEGER, RIVERA, SEPULVE- DA -- 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 correctional facility visits by the correctional association The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 146 of the correction law, as 2 amended by chapter 32 of the laws of 2021, is amended to read as 3 follows: 4 3. a. Notwithstanding any other provision of law to the contrary, the 5 correctional association shall be permitted, at its pleasure on any day 6 at any time of day and without advance notice, to access, visit, 7 inspect, and examine all state correctional facilities [with seventy-two 8 hours advance notice to the department] and all facilities in which 9 people under the custody or supervision of the department are being held 10 or used for operational purposes, including, but not limited to, the 11 Central New York Psychiatric Center. Up to twelve people may comprise 12 the visiting party[; provided, however, that only four people from the 13 party may enter a special housing facility or unit at the same time]. 14 The correctional association shall have unfettered access to every area 15 of the facilities without department escort. The department shall 16 provide escort whenever requested by the correctional association. Prior 17 to the visitation authorized pursuant to this subdivision, the correc- 18 tional association shall provide to the department on, at least, an 19 annual basis a list of people who will be visiting the facility or 20 facilities, including names, dates of birth, driver's license numbers 21 and their designation as an employee, board member, or designee in order 22 for the department to perform prompt background checks, which shall not 23 be unreasonably disapproved and any objections must be provided in a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00661-01-3 S. 312 2 1 timely manner. The correctional association may from time to time 2 supplement the list of visitors by providing the same information with 3 the same prompt background check and disapproval requirements. During 4 all visits, the correctional association shall be given unfettered 5 access to all paper, electronic, and digital records, including, but not 6 limited to, documents, papers, logbooks, emails, books, data, video and 7 audio recordings, policies, and procedures pertaining to the management, 8 condition, issues or operation of any correctional facility, including 9 records concerning incarcerated individuals, except for records that are 10 protected from disclosure under state or federal law. At all times 11 during all visits and inspections, the correctional association shall be 12 permitted to use relevant electronic equipment, including but not limit- 13 ed to, audio and video recording devices, cameras, and computers and 14 tablets for purposes of typing, recording, documentation, the adminis- 15 tration of surveys, and other related purposes, as well as relevant 16 instruments of measurement, including but not limited to those used for 17 measuring distance, sound decibels, temperature, and air quality. The 18 department may not place restrictions on such visits and inspections, 19 including during periods when a facility is locked down or experiencing 20 a facility wide emergency[. In addition, the department may restrict 21 access to a portion of a facility in an emergency situation for the 22 duration of the emergency. For the purpose of this subdivision, an emer- 23 gency shall be determined by the commissioner or his or her designee and 24 defined as a significant risk to the safety or security of the facility, 25 or the health, safety or security of staff or incarcerated individuals, 26 or an event that significantly compromises the operations of the facili- 27 ty] except in extraordinary circumstances in which there is explicit 28 evidence that there is a specific, serious risk to the safety of the 29 correctional association visiting team if they enter the facility even 30 if security staff accompanies them during the visit. 31 b. [Upon twenty-four hours advance notice, at] At the commencement and 32 conclusion of any visits to, or inspections and examinations of, state 33 correctional facilities, the superintendent and executive team, [to the 34 extent practicable] upon request by the correctional association, shall 35 meet with the correctional association[. Upon twenty-four hours advance 36 notice, the] privately without representatives of the central office 37 present. Representatives of the office of mental health and any other 38 entities or agencies providing services in a facility shall meet with 39 the correctional association upon request. The correctional association 40 may meet privately with the inmate liaison committee and representatives 41 of the inmate grievance resolution committee or any other organization 42 of incarcerated individuals recognized by the department. 43 c. [During the course of any such visit, inspection or examination, 44 upon consent of the person being interviewed, the] The correctional 45 association shall have the power to interview and converse publicly or 46 confidentially with any correctional employee or administrator, any 47 incarcerated individual, and any other person providing, supervising, or 48 monitoring services in a correctional facility, whether or not employed 49 by such facility. Such interviews shall not be restricted by the depart- 50 ment or the office of mental health any other agency or attended by 51 anyone on behalf of the department or the office of mental health or any 52 other agency, nor shall there be any retaliation or adverse action taken 53 by the department or other state agency against [any incarcerated indi- 54 vidual] anyone who [agrees to speak] speaks with the correctional asso- 55 ciation. The department may not limit the number of individuals the 56 correctional association may interview or the duration of the inter- S. 312 3 1 views[, in any manner unreasonable under the circumstances]. The 2 correctional association shall have the power to conduct private, confi- 3 dential meetings [reasonable in number under the circumstances] at their 4 pleasure and without notice to the department with incarcerated people 5 in housing units and in attorney visiting rooms or other rooms in the 6 facility in which their conversations will remain confidential. No 7 department employee may attend or listen to any such meeting without the 8 consent of the correctional association. 9 d. The correctional association shall be provided within fourteen 10 days of any request to the department or other agency with records rele- 11 vant to correctional facilities, by mail and electronically in easily 12 searchable and usable formats, such paper, electronic, and digital 13 records that are not otherwise protected from disclosure by state or 14 federal law including but not limited to any and all documents, papers, 15 logbooks, books, data, video, audio, policies, procedures, directives 16 and emails related to the management, conditions of confinement and 17 treatment of persons under custody, issues or operation of any state 18 correctional facility, including policies, practices, and procedures 19 relating to staff training and recruitment, so as to enable the correc- 20 tional association to carry out its mission and duties. 21 e. The correctional association shall periodically[, but not less than 22 every five years,] conduct inspections of [each state] correctional 23 [facility] facilities, prioritized based on the correctional associ- 24 ation's assessment of systemic issues, and [shall] issue reports and 25 recommendations to the governor, the legislature and the public about 26 the conditions and issues at [each such facility] correctional facili- 27 ties. When preparing such formal reports and recommendations, the 28 correctional association shall submit a tentative copy of such report 29 and recommendations to the commissioner[. The commissioner may], and, if 30 the correctional association so chooses, to the commissioner of mental 31 health, commissioner of the parole board, commissioner of the department 32 of health, and any other relevant commissioners or administrators. All 33 commissioners receiving such report shall submit a written response to 34 such tentative report within [sixty] thirty days of the receipt thereof, 35 including a plan of action for addressing the findings and recommenda- 36 tions. When the correctional association thereafter submits its final 37 report and recommendations, it shall contain a complete copy of the 38 response, if any, submitted to the tentative report and recommendations. 39 The department, the office of mental health, the parole board, the 40 department of health and any other agency that received recommendations 41 shall implement their plan of action and shall publicly report on the 42 progress of such plan within sixty days of the correctional associ- 43 ation's final report. 44 [e.] f. The correctional association may send, and distribute during 45 prison visits, confidential written and electronic surveys or question- 46 naires to people in custody or employees concerning conditions of 47 confinement, working conditions, or other subjects within the scope of 48 their mission without prior approval of the department. People incar- 49 cerated shall be permitted to confidentially complete and return to the 50 correctional association such surveys either in written format or elec- 51 tronically. The correctional association may also receive free confiden- 52 tial phone calls and emails from incarcerated individuals and/or set up 53 a confidential hotline for individuals to use if they choose to contact 54 them. 55 [f.] g. The department, in consultation with the office of mental 56 health, the department of health, the parole board, the office of S. 312 4 1 special investigations, and any other relevant agency, shall publicly 2 report on its website on a monthly basis, and with semi-annual and annu- 3 al cumulative reports, with a word searchable database and cumulative 4 subject matter index, data relevant to the conditions and experiences of 5 people in correctional facilities, with any personal identifying infor- 6 mation redacted, including but not limited to: all data on individuals 7 under custody; department daily population data; all data on people 8 under community supervision including but not limited to as related to 9 sentence, aggregate time on parole, and location; all data on deaths, 10 suicides and incidents of self-harm and attempted suicide; parole board 11 hearings, release decisions, and appeals all disaggregated by basis for 12 the revocation, outcome, and location; grievances aggregated by type and 13 outcome; prison rape elimination act complaints disaggregated by type 14 and outcome; disciplinary data disaggregated by type and outcome; unusu- 15 al incidents disaggregated by type and outcome; staff uses of force 16 disaggregated by level of injury to incarcerated individuals and staff 17 and outcome of any disciplinary or other action taken; office of special 18 investigations complaints received disaggregated by date received, date 19 closed, and outcome; operational and capital expenditure disaggregated 20 by facility; Corcraft and other industry revenue and expenditures; and 21 wages paid to incarcerated individuals. All such data in this section 22 shall be disaggregated by facility, location within a facility where 23 relevant, and all relevant demographic categories, including but not 24 limited to, race, ethnicity, age, gender, gender identity, mental health 25 treatment level, medical conditions, pregnancy or postpartum status, and 26 identification as lesbian, gay, bisexual, transgender, intersex, or 27 gender non-conforming. The department shall also publicly report on its 28 website in an easily accessible location, all policies, directives, and 29 memorandums that are not privileged or confidential, all new and reis- 30 sued directives, and all new memorandums issued to the incarcerated 31 population or staff. 32 h. The access, visits, and inspection of state correctional facilities 33 by the correctional association pursuant to this subdivision shall be 34 undertaken solely in furtherance of the correctional association's 35 lawful powers, duties and obligations, and information obtained pursuant 36 to these powers shall be used solely in furtherance of the correctional 37 association's mission. Employees, board members and designees shall be 38 required to sign [a waiver] an acknowledgement of the foregoing as a 39 condition of entry into a correctional facility pursuant to this subdi- 40 vision. 41 i. In all circumstances in which the department has, or enters into, 42 any memorandum of understanding or similar agreement with any other 43 state or local agency, such agency shall also be subject to the 44 provisions of this subdivision. 45 j. In any case where the department or other agency operating in the 46 prisons or an employee thereof shall fail to comply with the provisions 47 of this subdivision, the correctional association may apply to the 48 supreme court for an order directed to the department or such employee 49 of the department requiring compliance therewith. Upon such application, 50 the court may issue such order as may be just, and a failure to comply 51 with the order of the court shall be a contempt of court and be punisha- 52 ble as such; any action or proceeding commenced by the correctional 53 association pursuant to this subdivision shall have expedited treatment 54 by the court. 55 § 2. This act shall take effect immediately.