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S T A T E O F N E W Y O R K
________________________________________________________________________
9516
I N A S S E M B L Y
January 12, 2026
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law and the executive law, in relation to
the disclosure of video footage and audio recordings related to the
death of an incarcerated individual involving certain correction offi-
cers or peace officers (Part A); to amend the correction law, in
relation to establishing comprehensive camera coverage for covered
facilities and covered vehicles; and to repeal certain provisions of
the correction law relating to requiring institutions and local
correctional facilities to adhere to certain camera footage, recording
and investigation standards (Part B); to amend the correction law, in
relation to next of kin notifications where the death of an incarcer-
ated individual occurs (Part C); to amend a chapter of the laws of
2025 directing the state commission of correction to conduct a compre-
hensive study on deaths in state correctional facilities within New
York state, as proposed in legislative bill numbers S. 8415 and A.
8871, in relation to the time within which the state commission of
correction shall issue a report of the findings of such study (Part
D); to amend the county law, in relation to providing access to micro-
scopic slides upon request for certain autopsies (Part E); inten-
tionally omitted (Part F); to amend the correction law, in relation to
data on substantiated, unfounded, and unsubstantiated allegations
received by the office of special investigations (Part G); to amend
the correction law, in relation to membership of the state commission
of correction; and to amend a chapter of the laws of 2025 amending the
correction law relating to the membership of the state commission of
correction, as proposed in legislative bill numbers S. 8415 and A.
8871, in relation to the effectiveness thereof (Part H); to amend the
correction law, in relation to correctional facility visits by the
correctional association (Part I); and to amend the civil practice law
and rules, the general municipal law and the court of claims act, in
relation to the tolling of statute of limitations for individuals in
state custody; to amend part J of a chapter of the laws of 2025 amend-
ing the civil practice law and rules, the general municipal law and
the court of claims act relating to the tolling of statute of limita-
tions for individuals in state custody, as proposed in legislative
bill numbers S. 8415 and A. 8871, in relation to the effectiveness
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13360-03-6
A. 9516 2
thereof; and to repeal certain provisions of the general municipal law
relating thereto (Part J)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement updates to the omnibus bill of 2025 related to
correctional services in the state of New York. Each component is wholly
contained within a Part identified as Parts A through J. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 22-b of the correction law, as added by a chapter
of the laws of 2025 amending the correction law relating to requiring
the disclosure of video footage related to the death of an incarcerated
individual involving a correctional officer, as proposed in legislative
bill numbers S. 8415 and A. 8871, is amended to read as follows:
§ 22-b. Disclosure of video footage related to the death of incarcer-
ated individuals involving [correctional] CORRECTION officers OR PEACE
OFFICERS EMPLOYED BY THE DEPARTMENT. 1. Definition. As used in this
section the term "video footage" shall include, but not be limited to,
recordings from fixed or stationary cameras, body-worn cameras, handheld
devices, or any other recording equipment maintained or used by correc-
tional staff within an institution or correctional facility.
2. Duty to disclose. The department shall disclose to the attorney
general's office of special investigation any video footage that such
office deems to be related to the death of an incarcerated individual.
This shall include any case in which the attorney general's office of
special investigation determines the death involves a [correctional]
CORRECTION officer OR PEACE OFFICER EMPLOYED BY THE DEPARTMENT.
3. Timeframe for disclosure. [Such video footage shall be disclosed
within seventy-two hours of the occurrence of the death] THE COMMISSION-
ER OR COMMISSIONER'S DESIGNEE SHALL MAKE REASONABLE GOOD FAITH EFFORTS
TO ASCERTAIN THE EXISTENCE OF AND OBTAIN ANY RELEVANT VIDEO FOOTAGE OR
AUDIO RECORDINGS THAT EXISTED OR THAT MAY BE RELATED TO THE DEATH AND
SHALL DISCLOSE SUCH VIDEO FOOTAGE OR AUDIO RECORDS WITHIN SEVENTY-TWO
HOURS OF THE OCCURRENCE OF THE DEATH. IF THE COMMISSIONER OR COMMISSION-
ER'S DESIGNEE LEARNS OF ADDITIONAL VIDEO FOOTAGE OR AUDIO RECORDINGS
WHICH ARE RELATED TO THE DEATH, THE COMMISSIONER OR COMMISSIONER'S
DESIGNEE SHALL DISCLOSE SUCH RECORDINGS WITHIN TWENTY-FOUR HOURS OF SUCH
DISCOVERY AND PROVIDE THE CIRCUMSTANCES SURROUNDING THE DISCOVERY OF
SUCH RECORDS TO THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATIONS.
4. Redactions and exceptions. [(a)] No redactions shall be made to the
video footage before it is disclosed to the attorney general's office of
special investigation. [The attorney general's office of special inves-
tigation shall maintain the confidentiality of all video footage and
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will determine redactions pursuant to its published video release poli-
cy.
(b) Disclosure may be delayed only if the attorney general's office of
special investigation certifies that such disclosure would compromise an
ongoing criminal investigation or prosecution. Such delay shall not
exceed ninety days without additional certification.]
§ 2. Section 500-q of the correction law, as added by a chapter of the
laws of 2025 amending the correction law relating to requiring the
disclosure of video footage related to the death of an incarcerated
individual involving a correctional officer, as proposed in legislative
bill numbers S. 8415 and A. 8871, is amended to read as follows:
§ 500-q. Disclosure of video footage related to the death of incarcer-
ated individuals involving [correctional] CORRECTION officers OR PEACE
OFFICERS EMPLOYED AT A LOCAL CORRECTIONAL FACILITY. 1. Definition. As
used in this section, "video footage" shall include, but not be limited
to, recordings from fixed or stationary cameras, body-worn cameras,
handheld devices, or any other recording equipment maintained or used
by correctional staff within a local correctional facility.
2. Duty to disclose. Any local correctional facility shall disclose to
the attorney general's office of special investigation any video
footage that such office deems to be related to the death of an incar-
cerated individual. This shall include any case in which the attor-
ney general's office of special investigation determines the death
involves a [correctional] CORRECTION officer OR PEACE OFFICER EMPLOYED
AT A LOCAL CORRECTIONAL FACILITY.
3. Timeframe for disclosure. [Such video footage shall be disclosed
within seventy-two hours of the occurrence of the death] THE CHIEF
ADMINISTRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY OR CHIEF
ADMINISTRATIVE OFFICER'S DESIGNEE SHALL MAKE REASONABLE GOOD FAITH
EFFORTS TO ASCERTAIN THE EXISTENCE OF AND OBTAIN ANY RELEVANT VIDEO
FOOTAGE OR AUDIO RECORDINGS THAT EXISTED OR THAT MAY BE RELATED TO THE
DEATH AND SHALL DISCLOSE SUCH VIDEO FOOTAGE OR AUDIO RECORDS WITHIN
SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH. IF THE CHIEF ADMINIS-
TRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY OR CHIEF ADMINISTRA-
TIVE OFFICER'S DESIGNEE SUBSEQUENTLY LEARNS OF ADDITIONAL VIDEO FOOTAGE
OR AUDIO RECORDINGS WHICH ARE RELATED TO THE DEATH, THE CHIEF ADMINIS-
TRATIVE OFFICER OR THE CHIEF ADMINISTRATIVE OFFICER'S DESIGNEE SHALL
DISCLOSE SUCH RECORDINGS WITHIN TWENTY-FOUR HOURS OF SUCH DISCOVERY AND
PROVIDE THE CIRCUMSTANCES SURROUNDING THE DISCOVERY OF SUCH RECORDS TO
THE ATTORNEY GENERAL'S OFFICE OF SPECIAL INVESTIGATIONS.
4. Redactions and exceptions. [(a)] No redactions shall be made to the
video footage before it is disclosed to the attorney general's office of
special investigation. [The attorney general's office of special inves-
tigation shall maintain the confidentiality of all video footage and
will determine redactions pursuant to its published video release poli-
cy.
(b) Disclosure may be delayed only if the attorney general's office of
special investigation certifies that such disclosure would compromise an
ongoing criminal investigation or prosecution. Such delay shall not
exceed ninety days without additional certification.]
§ 3. Section 70-b of the executive law is amended by adding a new
subdivision 3-a to read as follows:
3-A. (A) THE ATTORNEY GENERAL SHALL MAINTAIN THE CONFIDENTIALITY OF
ALL VIDEO FOOTAGE AND AUDIO RECORDINGS RECEIVED AND REVIEWED.
(B) DISCLOSURE OF ANY AUDIO RECORDINGS OR VIDEO FOOTAGE SHALL BE
DELAYED, AT THE ATTORNEY GENERAL'S DISCRETION, ONLY IF SUCH A DISCLOSURE
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WOULD COMPROMISE AN ONGOING CRIMINAL INVESTIGATION OR PROSECUTION, OR AT
THE REQUEST OF THE DECEDENT'S FAMILY.
(C) REDACTIONS OF AUDIO RECORDS OR VIDEO FOOTAGE SHALL BE MADE PURSU-
ANT TO ITS VIDEO RELEASE POLICY.
(D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT OR
RESTRICT THE DISCLOSURE OF AUDIO RECORDINGS OR VIDEO FOOTAGE TO ANY
PERSON OR ENTITY OTHERWISE LAWFULLY ENTITLED TO RECEIVE SUCH RECORDINGS
OR FOOTAGE PURSUANT TO LAW, COURT ORDER, OR LAWFUL PROCESS.
§ 4. This act shall take effect on the same date and in the same
manner as part A of a chapter of the laws of 2025 amending the
correction law relating to requiring the disclosure of video footage
related to the death of an incarcerated individual involving a correc-
tional officer, as proposed in legislative bill numbers S. 8415 and A.
8871, takes effect.
PART B
Section 1. Section 628 of the correction law, as added by a chapter of
the laws of 2025 relating to requiring institutions and local correc-
tional facilities to adhere to certain camera footage, recording and
investigation standards, as proposed in legislative bill numbers S.
8415 and A. 8871, is REPEALED.
§ 2. The correction law is amended by adding a new section 135-a to
read as follows:
§ 135-A. FIXED CAMERA COVERAGE. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COVERED FACILITY" MEANS ANY INSTITUTION OR CORRECTIONAL FACILITY
OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
(B) "COVERED VEHICLE" MEANS ANY VEHICLE USED FOR THE TRANSPORT OF
INCARCERATED INDIVIDUALS.
(C) "COMPREHENSIVE CAMERA COVERAGE" MEANS THE INSTALLATION, OPERATION,
AND MAINTENANCE OF FIXED OR STATIONARY CAMERAS SUFFICIENT TO CAPTURE,
WITHOUT COMPLETE FIXED OBSTRUCTION, AUDIO AND CLEAR VISUAL FOOTAGE OF
THE ACTIVITIES AND MOVEMENT OF ALL PERSONS WITHIN ALL HOUSING UNITS,
COMMON AREAS, MEDICAL UNITS, CORRIDORS, PROGRAM AND SERVICE AREAS,
ENTRANCES, EXITS, AND OTHER SPACES IN WHICH INCARCERATED INDIVIDUALS ARE
PRESENT IN EACH SUCH COVERED FACILITY, OPERATING TWENTY-FOUR HOURS A
DAY, WITH THE EXCEPTION OF THE INTERIOR OF CELLS, SHOWERS, AND TOILET
AREAS AND OPERATING WITHIN EACH COVERED VEHICLE AT ANY TIME SUCH VEHICLE
IS OCCUPIED BY ANY INDIVIDUAL.
(D) "RECORDING REQUEST" MEANS A FORMAL REQUEST FOR ACCESS TO FIXED OR
STATIONARY CAMERA FOOTAGE MADE BY LEGAL REPRESENTATIVES, PROSECUTORS,
DEFENDANTS, OR THEIR COUNSEL, RELEVANT TO ANY INVESTIGATION OR LEGAL
PROCEEDING INVOLVING A COVERED FACILITY.
2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL DEVELOP A PLAN TO ESTABLISH COMPREHEN-
SIVE CAMERA COVERAGE FOR EACH COVERED FACILITY AND WITHIN EACH COVERED
VEHICLE, WHICH SHALL INCLUDE THE FINANCIAL AND OPERATIONAL FEASIBILITY
OF ESTABLISHING SUCH COVERAGE AND STORING AND RETAINING FOOTAGE OF SUCH
COVERAGE, AS WELL AS REASONABLE PROJECTED TIMELINES FOR IMPLEMENTATION
AT EACH FACILITY. UPON COMPLETION OF THE WRITTEN PLAN, THE COMMISSIONER
SHALL PROMPTLY TRANSMIT THE PLAN TO THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR.
3. FOLLOWING TRANSMISSION OF THE WRITTEN PLAN REQUIRED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL IMMEDIATELY TAKE
ALL REASONABLE AND NECESSARY STEPS TO COMMENCE IMPLEMENTATION OF THE
A. 9516 5
PLAN AND TO ESTABLISH COMPREHENSIVE CAMERA COVERAGE AT EACH COVERED
FACILITY AND WITHIN EACH COVERED VEHICLE IN ACCORDANCE WITH THE TIME-
LINES SET FORTH THEREIN, SUBJECT TO THE AVAILABILITY OF APPROPRIATED
FUNDS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR
DISCOURAGE THE COMMISSIONER FROM INITIATING IMPLEMENTATION OF ANY COMPO-
NENT OF THE PLAN PRIOR TO SUCH TRANSMISSION.
4. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO
ENSURE THAT ONCE A COVERED FACILITY OR COVERED VEHICLE HAS BEEN EQUIPPED
WITH COMPREHENSIVE CAMERA COVERAGE, SUCH COVERED FACILITY OR COVERED
VEHICLE SHALL MAINTAIN A CONSISTENT STATE OF COVERAGE. SUCH RULES AND
REGULATIONS SHALL, AT A MINIMUM, INCLUDE:
(A) ROUTINE INSPECTION OF CAMERA PLACEMENT, FUNCTIONALITY, IMAGE QUAL-
ITY, AND DATA RETENTION;
(B) PROTOCOLS FOR ADDRESSING NON-FUNCTIONING CAMERAS, INCLUDING
REASONABLE TIMEFRAMES FOR REPAIR OR REPLACEMENT;
(C) PROCEDURES FOR DOCUMENTING AND INVESTIGATING EQUIPMENT FAILURES OR
GAPS IN COVERAGE, INCLUDING BLIND SPOTS;
(D) REQUIREMENTS FOR RETENTION, STORAGE, AND SECURE ACCESS TO CAMERA
FOOTAGE, INCLUDING A MINIMUM RETENTION PERIOD OF NO LESS THAN SIXTY DAYS
FOR ALL FOOTAGE, AND A REQUIREMENT THAT ANY FOOTAGE RELATED TO AN INVES-
TIGATION BY THE DEPARTMENT'S OFFICE OF SPECIAL INVESTIGATIONS REGARDING
AN ALLEGATION OF STAFF MISCONDUCT OR CRIMINAL ACTIVITY BE PRESERVED FOR
NO LESS THAN FIVE YEARS, OR LONGER IF REQUIRED BY LAW, INVESTIGATION,
LITIGATION HOLD, OR ADMINISTRATIVE PROCEEDING; AND
(E) REGULAR REVIEW OF CAMERA SYSTEMS TO ENSURE CONTINUED EFFECTIVENESS
IN PROMOTING SAFETY, ACCOUNTABILITY, AND FACILITY OPERATIONS.
5. FIXED OR STATIONARY CAMERA FOOTAGE FROM COVERED FACILITIES AND
COVERED VEHICLES UNDER THIS SECTION SHALL BE PROVIDED IF A FORMAL
RECORDING REQUEST IS MADE AND ACCOMPANIED BY A VALID SUBPOENA OR A COURT
ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION. NOTHING IN THIS
SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT OR RESTRICT THE DISCLOSURE OF
AUDIO RECORDINGS OR VIDEO FOOTAGE TO ANY PERSON OR ENTITY OTHERWISE
LAWFULLY ENTITLED TO RECEIVE SUCH RECORDINGS OR FOOTAGE PURSUANT TO LAW,
COURT ORDER, OR LAWFUL PROCESS.
6. THE OFFICE OF THE STATE INSPECTOR GENERAL MAY RECEIVE AND INVESTI-
GATE COMPLAINTS FROM ANY SOURCE, OR UPON THE INSPECTOR GENERAL'S OWN
INITIATIVE, CONCERNING ALLEGATIONS OF FAILURE TO ADHERE TO THE
PROVISIONS OF THIS SECTION. THE OFFICE OF THE STATE INSPECTOR GENERAL
MAY ALSO CONDUCT AUDITS OF COVERED FACILITIES, AS APPROPRIATE, TO ENSURE
COMPLIANCE WITH THIS SECTION.
7. THE COMMISSIONER SHALL MAKE AN ANNUAL REPORT TO THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE GOVERNOR, AND THE
STATE INSPECTOR GENERAL OF THE ACTIONS TAKEN PURSUANT TO THIS SECTION
INCLUDING, BUT NOT LIMITED TO, DOCUMENTATION OF INCIDENTS AND INVESTI-
GATIONS REGARDING EQUIPMENT FAILURES OR GAPS IN COVERAGE BEGINNING ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT
THE REPORT SHALL BE PREPARED IN A MANNER THAT DOES NOT UNDERMINE OR
COMPROMISE FACILITY SECURITY, THE SAFETY OF STAFF OR INCARCERATED INDI-
VIDUALS, OR ONGOING INVESTIGATIONS.
§ 3. This act shall take effect immediately.
PART C
Section 1. Section 624 of the correction law, as amended by part C of
a chapter of the laws of 2025 amending the correction law relating to
A. 9516 6
providing notice of the death of an incarcerated individual occurring in
the custody of the department of corrections and community supervision,
as proposed in legislative bill numbers S. 8415 and A. 8871, is amended
to read as follows:
§ 624. Next of kin; death of incarcerated individual. 1. (a) The
department shall promptly notify the next of kin and any other person
designated as the representative of any incarcerated individual whose
death takes place during custody.
(b) The department shall promptly notify the next of kin and any other
person designated as a representative of the circumstances surrounding
the death of such incarcerated individual, the medical procedures used
and the cause of death [including preliminary determinations and final
determination] as reported [by an] IN THE FINAL autopsy report as such
information becomes available. THE DEPARTMENT SHALL BE RESPONSIVE TO
INQUIRIES FROM THE NEXT OF KIN AND OTHER PERSON DESIGNATED AS THE REPRE-
SENTATIVE REGARDING THE PRELIMINARY DETERMINATION.
(c) The next of kin and other person designated as a representative
shall be identified from the emergency contact information previously
provided by the incarcerated individual to the department.
2. Within [twenty-four] FORTY-EIGHT hours after the next of kin and
any other person designated as a representative has been notified of
such death, the department shall publish public notice of such death on
the department's website.
§ 2. This act shall take effect on the same date and in the same
manner as section 2 of part C of a chapter of the laws of 2025 amending
the correction law relating to providing notice of the death of an
incarcerated individual occurring in the custody of the department of
corrections and community supervision, as proposed in legislative bill
numbers S. 8415 and A. 8871, takes effect.
PART D
Section 1. Section 2 of part D of a chapter of the laws of 2025
directing the state commission of correction to conduct a comprehensive
study on deaths in state correctional facilities within New York state,
as proposed in legislative bill numbers S. 8415 and A. 8871, is amended
to read as follows:
§ 2. Within [one year] EIGHTEEN MONTHS of the effective date of this
act, the state commission of correction shall issue a report of the
findings of the study to the governor, the temporary president of the
senate and the speaker of the assembly.
§ 2. This act shall take effect on the same date and in the same
manner as part D of a chapter of the laws of 2025 directing the state
commission of correction to conduct a comprehensive study on deaths in
state correctional facilities within New York state, as proposed in
legislative bill numbers S. 8415 and A. 8871, takes effect.
PART E
Section 1. Subdivision 6 of section 677 of the county law, as amended
by section 3 of part E of a chapter of the laws of 2025 amending the
county law relating to requiring autopsy reports to include photographs,
microscopic slides, and post-mortem x-rays taken by, at the direction
of, or reviewed by the person performing the autopsy, as proposed in
legislative bill numbers S. 8415 and A. 8871, is amended to read as
follows:
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6. Notwithstanding section six hundred seventy of this article or any
other provision of law, the coroner, coroner's physician or medical
examiner shall promptly provide the [chairperson] CHAIR of the
correction medical review board and the commissioner of corrections and
community supervision with copies of any autopsy report, toxicological
report or any report of any examination or inquiry prepared with respect
to any death occurring to an incarcerated individual of a correctional
facility as defined by subdivision three of section forty of the
correction law within their county; and shall promptly provide the exec-
utive director of the justice center for the protection of people with
special needs with copies of any autopsy report, toxicology report or
any report of any examination or inquiry prepared with respect to the
death of any service recipient occurring while such person was a resi-
dent in any facility operated, licensed or certified by any agency with-
in the department of mental hygiene, the office of children and family
services, the department of health or the state education department. If
the toxicological report is prepared pursuant to any agreement or
contract with any person, partnership, corporation or governmental agen-
cy with the coroner or medical examiner, such report shall be promptly
provided to the [chairperson] CHAIR of the correction medical review
board, the commissioner of corrections and community supervision or the
executive director of the justice center for THE PROTECTION OF people
with special needs, as appropriate, by such person, partnership, corpo-
ration or governmental agency. For the purposes of this subdivision, in
addition to anything else required by law, [an] THE COPY OF THE autopsy
report shall include all photographs of the body[, microscopic slides,]
and post-mortem x-rays taken by or at the direction of the person
performing the autopsy, and all photographs[, microscopic slides,] and
post-mortem x-rays reviewed by the person performing the autopsy in the
course of their examination or in the course of their diagnosis of the
cause of death and the means or manner of death. SUCH COPY OF THE
AUTOPSY REPORT MAY ALSO INCLUDE IMAGES OF ALL MICROSCOPIC SLIDES TAKEN
BY OR AT THE DIRECTION OF THE PERSON PERFORMING THE AUTOPSY AND IMAGES
OF ALL MICROSCOPIC SLIDES REVIEWED BY THE PERSON PERFORMING THE AUTOPSY
IN THE COURSE OF THEIR EXAMINATION OR IN THE COURSE OF THEIR DIAGNOSIS
OF THE CAUSE OF DEATH AND THE MEANS OR MANNER OF DEATH. IF SUCH IMAGES
OF MICROSCOPIC SLIDES ARE NOT INCLUDED IN THE COPY OF THE AUTOPSY REPORT
PROVIDED PURSUANT TO THIS SUBDIVISION, THE COPY OF THE AUTOPSY REPORT
SHALL INDICATE THAT SUCH IMAGES OF MICROSCOPIC SLIDES HAVE BEEN OMITTED,
AND, UPON REQUEST OF THE CHAIR OF THE CORRECTION MEDICAL REVIEW BOARD,
THE COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE EXECU-
TIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH
SPECIAL NEEDS, A CORONER, CORONER'S PHYSICIAN OR MEDICAL EXAMINER SHALL
PROMPTLY PROVIDE ACCESS TO INSPECT SUCH MICROSCOPIC SLIDES OR, WHERE
PRACTICABLE, PROVIDE IMAGES OF SUCH MICROSCOPIC SLIDES.
§ 2. This act shall take effect on the same date and in the same
manner as part E of a chapter of the laws of 2025 amending the county
law relating to requiring autopsy reports to include photographs, micro-
scopic slides, and post-mortem x-rays taken by, at the direction of, or
reviewed by the person performing the autopsy, as proposed in legisla-
tive bill numbers S. 8415 and A. 8871, takes effect.
PART F
Intentionally Omitted
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PART G
Section 1. Subdivision 7 of section 112 of the correction law, as
added by a chapter of the laws of 2025 amending the correction law
relating to reports on data collected from the office of special inves-
tigations, as proposed in legislative bill numbers S. 8415 and A. 8871,
is amended to read as follows:
7. (a) FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(I) "SUBSTANTIATED ALLEGATION" MEANS AN ALLEGATION THAT WAS INVESTI-
GATED AND DETERMINED TO HAVE OCCURRED. AN ALLEGATION IS DETERMINED TO
HAVE OCCURRED BASED ON A PREPONDERANCE OF THE EVIDENCE;
(II) "UNFOUNDED ALLEGATION" MEANS AN ALLEGATION THAT WAS INVESTIGATED
AND DETERMINED NOT TO HAVE OCCURRED;
(III) "UNSUBSTANTIATED ALLEGATION" MEANS AN ALLEGATION THAT WAS INVES-
TIGATED AND THE INVESTIGATION PRODUCED INSUFFICIENT EVIDENCE TO MAKE A
FINAL DETERMINATION AS TO WHETHER OR NOT THE EVENT OCCURRED.
(B) The commissioner shall collect data from the office of special
investigations established by the department and report quarterly to the
speaker of the assembly, the temporary president of the senate, and the
governor regarding complaints received the previous quarter by the
office. For the report period, such data and report shall include, but
not be limited to:
(i) the number of [confirmed and unconfirmed complaints] SUBSTANTI-
ATED, UNSUBSTANTIATED, AND UNFOUNDED ALLEGATIONS received by the office
of special investigations categorized by [facility the complaint origi-
nated from] LOCATION OF THE ALLEGED INCIDENT, complaint type or allega-
tion, subject of the [complaint] ALLEGATION (i.e. incarcerated individ-
ual, security staff, civilian staff, or other), and how the [complaint]
ALLEGATION was received by the office;
(ii) the total number of complaints: assigned for an investigation by
the office of special investigations; assigned to each division or unit
within the office of special investigations; referred to the appropriate
central office division head; referred to a facility superintendent or
community supervision bureau chief for investigation; referred to a
facility superintendent or community supervision bureau chief for other
appropriate action; and referred to a state, local, or federal agency
with jurisdiction. Such data shall include the [facility the complaint
originated from] LOCATION OF THE ALLEGED INCIDENT and the complaint type
or allegation;
(iii) the total number of investigations closed by each office of
special investigations unit or division within the reporting time peri-
od;
(iv) the total number of referrals for criminal prosecution. Such data
shall include the [facility the complaint originated from] LOCATION OF
THE ALLEGED INCIDENT, the complaint type or allegation, and the subject
of the [complaint] ALLEGATION (i.e. incarcerated individual, security
staff, civilian staff, or other);
(v) the total number of referrals to the department's bureau of labor
relations for consideration of employee disciplinary charges including
[which facility the referral originated from] THE LOCATION OF THE
ALLEGED INCIDENT; and
(vi) office of special investigations staffing data including the
total number of staff, position type, and number of open positions.
[(b)] (C) The commissioner shall report annually the average length of
time to close an investigation by the office of special investigation by
A. 9516 9
division for each correctional facility and any recommendations made by
the office of special investigations to the relevant departmental
program areas for consideration of a revision to a policy or procedure.
Such report shall categorize such recommendations by facility, the
nature of the recommendation, and any action taken in response to the
recommendation.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2025 amending the correction law
relating to reports on data collected from the office of special inves-
tigations, as proposed in legislative bill numbers S. 8415 and A. 8871,
takes effect.
PART H
Section 1. Section 41 of the correction law, as amended by section 1
and subdivision 1 as amended by section 2 of part H of a chapter of the
laws of 2025 amending the correction law relating to the membership of
the state commission of correction, as proposed in legislative bill
numbers S. 8415 and A. 8871, is amended to read as follows:
§ 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] FIVE persons, [three of whom shall] TO be
appointed by the governor[, two of whom shall be appointed by the speak-
er 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] BY AND WITH THE CONSENT OF THE SENATE.
(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 prison-
er's rights litigation; and
(v) a professional in any other field deemed useful for the promotion
of an efficient, humane, and lawful correctional system] 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; LICEN-
SURE 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 INDIVID-
UALS; 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 [members of the commission] GOVERNOR shall [annually] desig-
nate one of the appointed FULL-TIME members as chairperson to serve AS
SUCH at [such members of the commission's] 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.
A. 9516 10
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 associ-
ation 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] 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 expira-
tion 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.
§ 2. Subdivision (a) of section 42 of the correction law, as added by
chapter 865 of the laws of 1975, paragraph 1 as amended by section 34 of
part PP of chapter 56 of the laws of 2022, paragraph 2 as amended by
chapter 309 of the laws of 1996, paragraph 3 as amended by section 2,
paragraph 4 as amended by section 3, and paragraph 5 as amended by
section 4 of part HH of chapter 55 of the laws of 2025, is amended to
read as follows:
(a) 1. There shall be within the commission a citizen's policy and
complaint review council. It shall consist of nine persons [to], SIX OF
WHOM SHALL be appointed by the governor, by and with the advice and
consent of the senate. One person so appointed shall have served in the
armed forces of the United States in any foreign war, conflict or mili-
tary occupation, who (i) was discharged therefrom under other than
dishonorable conditions, or (ii) has a qualifying condition, as defined
in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service, or shall be a duly licensed
mental health professional who has professional experience or training
with regard to post-traumatic stress syndrome. One person so appointed
shall be an attorney admitted to practice in this state. One person so
appointed shall be a former incarcerated individual of a correctional
facility. One person so appointed shall be a former correction officer.
One person so appointed shall be a former resident of a division for
youth secure center or a health care professional duly licensed to prac-
tice in this state. One person so appointed shall be a former employee
of the office of children and family services who has directly super-
vised youth in a secure residential center operated by such office. In
addition, THE PART-TIME COMMISSION MEMBERS APPOINTED SHALL SERVE ON THE
COUNCIL. LASTLY, the governor shall designate one of the full-time
members other than the chair of the commission as chair of the council
to serve as such at the pleasure of the governor.
2. The [nine] SIX appointed members of the council shall hold office
for five years[; provided that of the seven members first appointed, two
shall be appointed for a term of one year, two shall be appointed for a
term of two years, one shall be appointed for a term of three years, one
shall be appointed for a term of four years and one shall be appointed
for a term of five years from January first next succeeding their
appointment]. Any appointed member of the council may be removed by the
governor for cause after an opportunity to be heard in [his] THEIR
defense.
A. 9516 11
3. Any member chosen to fill in a vacancy created other than by expi-
ration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by the expiration of term or other-
wise shall be filled in the same manner as original appointments.
4. The members of the council other than the [chair] COMMISSION
MEMBERS shall receive no compensation for their services but each member
other than the [chair] COMMISSION MEMBERS shall be entitled to receive
actual and necessary expenses incurred in the performance of council
duties.
5. No appointed member of the council shall qualify or enter upon the
duties of office, or remain therein, while an officer or employee of the
department of corrections and community supervision or any correctional
facility or is in a position to exercise administrative supervision over
any correctional facility. The council shall have such staff as shall be
necessary to assist it in the performance of its duties within the
amount of the appropriation therefor as determined by the chair of the
commission.
6. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, ANY
MEMBER OF THE COUNCIL SERVING ON THE EFFECTIVE DATE OF THIS PARAGRAPH
MAY CONTINUE TO SERVE UNTIL SUCH MEMBER RESIGNS, IS REMOVED, OR OTHER-
WISE VACATES SUCH OFFICE.
§ 3. Subdivisions 1 and 4 of section 43 of the correction law, subdi-
vision 1 as amended by section 7 of part HH of chapter 55 of the laws of
2025, and subdivision 4 as added by chapter 865 of the laws of 1975, are
amended to read as follows:
1. There shall be within the commission a correction medical review
board. It shall consist of six persons to be appointed by the governor
by and with the advice and consent of the senate. In addition, THE PART-
TIME COMMISSION MEMBERS SHALL SERVE ON THE BOARD. LASTLY, the governor
shall designate [one of] the full-time [members] MEMBER other than the
chair of the commission and the chair of the council as chair of the
board to serve as such at the pleasure of the governor. Of the appointed
members of the board one shall be a physician duly licensed to practice
in this state; one shall be a physician duly licensed to practice in
this state and a board certified forensic pathologist; one shall be a
physician duly licensed to practice in this state and shall be a board
certified forensic psychiatrist; one shall be an attorney admitted to
practice in this state; two shall be members appointed at large.
4. The members of the board, OTHER THAN THE COMMISSION MEMBERS, shall
receive no compensation for their services but each member shall be
entitled to receive [his] THEIR actual and necessary expenses incurred
in the performance of [his] THEIR duties.
§ 4. Section 3 of part H of a chapter of the laws of 2025 amending the
correction law relating to the membership of the state commission of
correction, as proposed in legislative bill numbers S. 8415 and A. 8871,
is amended to read as follows:
§ 3. This act shall take effect [immediately; provided, however, that
if section 1 of part HH of chapter 55 of the laws of 2025 shall not have
taken effect on or before such date then section two of this act shall
take effect] on the same date and in the same manner as [such] part HH
of [such] chapter 55 of the laws of 2025 takes effect.
§ 5. This act shall take effect immediately; provided, however, that
sections one, two, and three of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2025 amending
the correction law relating to the membership of the state commission of
A. 9516 12
correction, as proposed in legislative bill numbers S. 8415 and A. 8871,
takes effect.
PART I
Section 1. Subdivision 3 of section 146 of the correction law, as
amended by section 2 of part I of a chapter of the laws of 2025 amending
the correction law relating to correctional facility visits by the
correctional association, as proposed in legislative bill numbers S.
8415 and A. 8871, is amended to read as follows:
3. a. Notwithstanding any other provision of law to the contrary, the
correctional association shall be permitted to access, visit, inspect,
and examine all state correctional facilities with twenty-four hours
advance notice to the department. FOR ANY VISIT THAT WILL INCLUDE UNITS
OR AREAS STAFFED BY THE OFFICE OF MENTAL HEALTH, SUCH NOTICE SHALL ALSO
BE PROVIDED TO THE OFFICE OF MENTAL HEALTH. Up to twelve people may
comprise the visiting party; provided, however, that only four people
from the party may enter a special housing facility or unit at the same
time. Prior to the visitation authorized pursuant to this subdivision,
the correctional association shall provide to the department on, at
least, an annual basis a list of people who will be visiting the facili-
ty or facilities, including names, dates of birth, driver's license
numbers and their designation as an employee, board member, or designee
in order for the department to perform prompt background checks. The
department may [not] place restrictions on such visits and inspections[,
including during periods] when a facility is locked down or experiencing
a facility wide emergency[; provided, however, that]. IN ADDITION, the
department may restrict access to a portion of a facility in an emergen-
cy situation for the duration of the emergency. For the purpose of this
subdivision, an emergency shall be determined by the commissioner or the
commissioner's designee and defined as a significant risk to the safety
or security of the facility, or the health, safety or security of staff
or incarcerated individuals, or an event that significantly compromises
the operations of the facility.
b. [At] UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AT the commencement
[and] OR conclusion of any visits to, or inspections and examinations
of, state correctional facilities, the superintendent and executive
team, to the extent practicable [and upon request by the correctional
association], shall meet with the correctional association. [Privately
without representatives of the central office present, representatives
of the office of mental health and any other entities or agencies
providing services in a facility shall meet with the correctional asso-
ciation, upon the correctional association's request during the course
of any visit. The] UPON TWENTY-FOUR HOURS ADVANCE NOTICE, AND WITH THE
CONSENT OF THE PARTY, THE correctional association may meet privately,
WITHOUT REPRESENTATIVES OF THE CENTRAL OFFICE PRESENT, with REPRESEN-
TATIVES OF THE OFFICE OF MENTAL HEALTH AND ANY OTHER ENTITIES OR AGEN-
CIES THAT ARE PROVIDING SERVICES IN A FACILITY, the incarcerated indi-
vidual liaison committee and representatives of the incarcerated
individual grievance resolution committee or any other organization of
incarcerated individuals recognized by the department.
c. During the course of any such visit, inspection or examination, and
upon consent of the person being interviewed, the correctional associ-
ation shall have the power to interview and converse publicly or confi-
dentially with any correctional employee or administrator, any incarcer-
ated individual, and any other person providing, supervising, or
A. 9516 13
monitoring services in a correctional facility, whether or not employed
by such facility. Such interviews shall not be restricted by the depart-
ment or the office of mental health or any other agency or attended by
anyone on behalf of the department or the office of mental health or any
other agency, nor shall there be any retaliation or adverse action taken
by the department or other state agency against anyone who speaks with
the correctional association. The department may not limit the number of
individuals the correctional association may interview or the duration
of the interviews, in any manner unreasonable under the circumstances.
[The] DURING THE COURSE OF ANY VISIT, INSPECTION OR EXAMINATION, THE
correctional association shall have the power to conduct private, confi-
dential meetings reasonable in number under [a facility's immediate] THE
circumstances [at their pleasure and without notice to the department]
with incarcerated individuals in housing units and in attorney visiting
rooms or other rooms in the facility in which their conversations will
remain confidential. No department employee may attend or listen to any
such meeting without the consent of the correctional association.
d. The correctional association [may request and receive from the
department information and data as will enable the correctional associ-
ation to carry out its functions, powers and duties.
The correctional association shall have access to the following infor-
mation and records on a quarterly basis:
(i) individuals admitted into custody, which shall contain, at mini-
mum, individual-level records of all individuals admitted to custody,
including the individual's department ID, demographic information,
admission type, reception facility name and housing unit, reception
date, sentencing, and crime information;
(ii) individuals under custody, which shall contain, at minimum, indi-
vidual-level records of all individuals presently under custody, includ-
ing the individual's department ID, demographic information, current
facility name and housing unit, date of original and latest reception at
the facility, out counts, sentencing and crime information, and parole
eligibility and relevant dates;
(iii) individuals released from custody, which shall contain, at mini-
mum, individual-level records of all individuals released from custody,
including the individual's department ID, demographic information,
releasing facility name and housing unit, release date, release county,
sentencing and crime information, and parole eligibility and relevant
dates;
(iv) individuals on parole, which shall contain, at minimum, individu-
al-level records of all individuals on parole, including the individ-
ual's department ID, demographic information, discharging facility name
and housing unit, start and release date, sentencing and crime informa-
tion, custody status, and voting pardon status;
(v) programming, education, vocational, and work assignment require-
ments, enrollment, and fulfillment, which shall contain, at minimum,
individual-level records of all individuals under custody, including the
individual's department ID, programs mandated by the department, and
indicators of whether the individual is not enrolled, is on the wait-
list, or has already completed any such requirement;
(vi) departmental staffing levels, which shall contain, at minimum,
facility-level records of budgeted fill level, recommended staffing
level, and actual filled items split by job category, including aggre-
gate data on staff on leave, and on the average of daily closed posts
for each quarter;
A. 9516 14
(vii) deaths, which shall contain, at minimum, individual-level
records of all individuals who died while under custody, including the
individual's department ID, date and time of death, date of report,
demographic information, facility name and housing unit at time of
death, location of terminal incident, reported immediate cause of death,
and an indicator of whether an autopsy was performed;
(viii) unusual incidents, which shall contain, at minimum, report-lev-
el information for all unusual incidents, as defined by the department
at the current time, including the incident code, the name and code of
the facility where the incident took place, the date and time of the
incident, the location within the facility, the name and code of the
categories and subcategories indicated in the report, the roles of all
individuals involved in the report (including incarcerated and nonincar-
cerated individuals), the weapons used by each individual, if applica-
ble, the type of force applied by department staff on each individual,
if applicable, and the degree of injury to staff and incarcerated indi-
viduals;
(ix) disciplinary charges and penalties, which shall contain, at mini-
mum, charge-level information for all disciplinary incidents, including:
the incarcerated individual's department ID and facility name; the
location, date, and time of the incident; the tier, code, and
description of each charge; the date of the hearing; and the outcome and
penalty associated with each charge; and
(x) grievances and appeals, which shall contain, at minimum, griev-
ance-level information for all grievances filed with the department,
including those resolved informally, including: the incarcerated indi-
vidual's department ID; ID, date filed, category, type, and facility of
the grievance; and the outcomes and outcome dates for all reviews,
including those by the incarcerated grievance resolution committee,
superintendent, and central office review committee.], ON A QUARTERLY
BASIS, MAY REQUEST AND, TO THE EXTENT PRACTICABLE, RECEIVE FROM THE
DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT THE FOLLOW-
ING INFORMATION AND RECORDS:
(I) INDIVIDUAL-LEVEL RECORDS FOR ALL INDIVIDUALS ADMITTED INTO CUSTODY
DURING THE PREVIOUS QUARTER, UNDER CUSTODY AT THE END OF THE PREVIOUS
QUARTER, RELEASED FROM CUSTODY DURING THE PREVIOUS QUARTER, AND ON
PAROLE AT THE END OF THE PREVIOUS QUARTER;
(II) DEPARTMENTAL STAFFING LEVELS AT EACH FACILITY AT THE END OF THE
PREVIOUS QUARTER;
(III) UNDER CUSTODY DEATHS AT EACH FACILITY DURING THE PREVIOUS QUAR-
TER;
(IV) REPORT-LEVEL UNUSUAL INCIDENTS DURING THE PREVIOUS QUARTER;
(V) THE NUMBER AND TYPE OF DISCIPLINARY HEARINGS HELD AT EACH FACILITY
DURING THE PREVIOUS QUARTER, INCLUDING CHARGES AND SANCTIONS IMPOSED;
(VI) THE NUMBER AND TYPE OF GRIEVANCES FILED AT EACH FACILITY DURING
THE PREVIOUS QUARTER; AND
(VII) INCARCERATED INDIVIDUALS AT EACH FACILITY ENROLLED IN PROGRAM-
MING AND ACADEMIC AND VOCATIONAL EDUCATION DURING THE PREVIOUS QUARTER.
e. The correctional association shall periodically, but not less than
every five years, conduct inspections of each state correctional facili-
ty[, prioritized based on the correctional association's assessment of
systemic issues,] and issue reports and recommendations to the governor,
the legislature and the public about the conditions and issues at
correctional facilities. When preparing such formal reports and recom-
mendations, the correctional association shall submit a tentative copy
of such report and recommendations to the commissioner. The commissioner
A. 9516 15
may submit a written response to such tentative report within sixty days
of the receipt thereof[, including a plan of action for addressing the
findings and recommendations]. When the correctional association there-
after submits its final report and recommendations, it shall contain a
complete copy of the response, if any, submitted to the tentative report
and recommendations.
f. The correctional association may send [written and/or electronic]
surveys or questionnaires to people in custody or employees concerning
conditions of confinement, working conditions, or other subjects within
the scope of their mission without prior approval of the department.
People incarcerated shall be permitted to confidentially complete and
return to the correctional association such surveys [either in written
format or electronically]. The correctional association may also
receive free [confidential] phone calls [and emails] from incarcerated
individuals [and/or set up] THROUGH a [confidential] hotline SET UP BY
THE CORRECTIONAL ASSOCIATION for individuals to use if they choose to
contact them, AND THE DEPARTMENT SHALL NOT TRACK OR MONITOR SUCH CALLS.
Physical mail received and sent to the correctional association is
defined as privileged correspondence, and any and all processing
controls, allowances for limited free postage, and advances of incarcer-
ated individual funds for postage shall apply to privileged correspond-
ence received and sent to the correctional association. For the purposes
of this section, identical incoming blank surveys and questionnaires
shall not be defined as privileged correspondence.
g. The access, visits, and inspection of state correctional facili-
ties by the correctional association pursuant to this subdivision shall
be undertaken solely in furtherance of the correctional association's
lawful powers, duties and obligations, and information obtained pursuant
to these powers shall be used solely in furtherance of the correctional
association's mission. Employees, board members and designees shall be
required to sign an acknowledgement of the foregoing as a condition of
entry into a correctional facility pursuant to this subdivision.
§ 2. This act shall take effect on the same date and in the same
manner as part I of a chapter of the laws of 2025 amending the
correction law relating to correctional facility visits by the correc-
tional association, as proposed in legislative bill numbers S. 8415 and
A. 8871, takes effect.
PART J
Section 1. Section 208-a of the civil practice law and rules as added
by section 1 of part J of a chapter of the laws of 2025 amending the
civil practice law and rules, the general municipal law and the court of
claims act relating to the tolling of statute of limitations for indi-
viduals in state custody, as proposed in legislative bill numbers S.
8415 and A. 8871, is amended to read as follows:
§ 208-a. In custody at time of cause of action. Notwithstanding any
provisions of law that impose a period of limitation to the contrary or
any provisions of any other law pertaining to the filing of a notice of
claim or a notice of intention to file a claim as a condition precedent
to commencement of an action or special proceeding, with respect to all
civil claims or causes of action brought by any person to recover
damages for physical, psychological, or other injury or condition
suffered while under the jurisdiction and in the care and custody or
supervision of: the state department of corrections and community super-
vision, except a person under community supervision as defined in subdi-
A. 9516 16
vision thirty-one of section two of the correction law, a hospital as
defined in subdivision two of section four hundred of the correction
law, a correctional facility as defined in subdivision three of section
forty of the correction law, a local correctional facility as defined in
subdivision two of section forty of the correction law, or an alternate
correctional facility as defined in subdivision one of section eighty-
seven of the correction law, the time in which such action must commence
shall [be extended to three years after such person is released from
such custody] HAVE THE FULL BENEFIT OF THE LIMITATIONS PERIOD PROVIDED
IN THE RELEVANT SECTION OF LAW AND, IN ADDITION, SHALL HAVE A TWO-YEAR
WINDOW FOLLOWING THE DATE OF THE PERSON'S RELEASE FROM THE RELEVANT
PERIOD OF CUSTODY WITHIN WHICH TO COMMENCE AN ACTION BASED ON SUCH INJU-
RY OR CONDITION. FOR ANY CLAIM THAT WOULD HAVE BEEN TIME-BARRED BUT FOR
THE APPLICATION OF THIS SECTION, NO NOTICE OF CLAIM OR NOTICE OF INTEN-
TION TO FILE A CLAIM SHALL BE REQUIRED AS A CONDITION PRECEDENT TO THE
COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS EXEMPTION SHALL
NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE
STATUTE OF LIMITATIONS.
§ 2. Paragraph (c) of subdivision 8 of section 50-e of the general
municipal law, as added by section 2 of part J of a chapter of the laws
of 2025 amending the civil practice law and rules, the general municipal
law and the court of claims act relating to the tolling of statute of
limitations for individuals in state custody, as proposed in legislative
bill numbers S. 8415 and A. 8871, is REPEALED.
§ 3. Paragraph (a) of subdivision 1 of section 50-e of the general
municipal law, as amended by chapter 738 of the laws of 1981, is amended
to read as follows:
(a) In any case founded upon tort where a notice of claim is required
by law as a condition precedent to the commencement of an action or
special proceeding against a public corporation, as defined in the
general construction law, or any officer, appointee or employee thereof,
the notice of claim shall comply with and be served in accordance with
the provisions of this section within ninety days after the claim
arises; except that in wrongful death actions, the ninety days shall run
from the appointment of a representative of the decedent's estate.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION SHALL
NOT APPLY TO ANY OTHERWISE TIME-BARRED CIVIL CLAIMS OR CAUSES OF ACTION
REVIVED BY SECTION TWO HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND
RULES. THIS EXEMPTION SHALL NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER
THE OTHERWISE APPLICABLE STATUTE OF LIMITATIONS.
§ 4. Subdivision 6 of section 50-i of the general municipal law, as
added by section 3 of part J of a chapter of the laws of 2025 amending
the civil practice law and rules, the general municipal law and the
court of claims act relating to the tolling of statute of limitations
for individuals in state custody, as proposed in legislative bill
numbers S. 8415 and A. 8871, is amended to read as follows:
6. Notwithstanding any provision of law to the contrary, [this section
shall not apply to any civil claims or causes of action brought by any
person to recover damages for physical, psychological, or other injury
or condition suffered while in custody pursuant to section two hundred
eight-a of the civil practice law and rules] ANY PERSON WHO SUFFERS
PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION WHILE IN CUSTODY
SHALL HAVE, PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE CIVIL PRAC-
TICE LAW AND RULES, THE FULL BENEFIT OF THE LIMITATIONS PERIOD PROVIDED
IN THIS SECTION AND, IN ADDITION, SHALL HAVE A TWO-YEAR WINDOW FOLLOWING
THE DATE OF THE PERSON'S RELEASE FROM THAT PERIOD OF CUSTODY WITHIN
A. 9516 17
WHICH TO COMMENCE AN ACTION BASED ON SUCH INJURY OR CONDITION. FOR ANY
OTHERWISE TIME-BARRED CIVIL CLAIMS OR CAUSES OF ACTION REVIVED BY
SECTION TWO HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES, NO
NOTICE OF CLAIM SHALL BE REQUIRED AS A CONDITION PRECEDENT TO THE
COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS EXEMPTION SHALL
NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE
STATUTE OF LIMITATIONS.
§ 5. Subdivision 11 of section 10 of the court of claims act, as added
by section 4 of part J of a chapter of the laws of 2025 amending the
civil practice law and rules, the general municipal law and the court of
claims act relating to the tolling of statute of limitations for indi-
viduals in state custody, as proposed in legislative bill numbers S.
8415 and A. 8871, is amended to read as follows:
11. Notwithstanding any provision of law to the contrary, [this
section shall not apply to any civil claims or causes of action brought
by any person to recover damages for physical, psychological, or other
injury or condition suffered while in custody pursuant to section two
hundred eight-a of the civil practice law and rules] ANY PERSON WHO
SUFFERS PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION WHILE IN
CUSTODY SHALL HAVE, PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE CIVIL
PRACTICE LAW AND RULES, THE FULL BENEFIT OF THE LIMITATIONS PERIOD
PROVIDED IN THIS SECTION AND, IN ADDITION, SHALL HAVE A TWO-YEAR WINDOW
FOLLOWING THE DATE OF THE PERSON'S RELEASE FROM THAT PERIOD OF CUSTODY
WITHIN WHICH TO COMMENCE AN ACTION BASED ON SUCH INJURY OR CONDITION.
FOR ANY OTHERWISE TIME-BARRED CIVIL CLAIMS OR CAUSES OF ACTION REVIVED
BY SECTION TWO HUNDRED EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES, NO
NOTICE OF INTENTION TO FILE A CLAIM SHALL BE REQUIRED AS A CONDITION
PRECEDENT TO THE COMMENCEMENT OF SUCH ACTION OR SPECIAL PROCEEDING. THIS
EXEMPTION SHALL NOT APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE OTHER-
WISE APPLICABLE STATUTE OF LIMITATIONS.
§ 6. Subdivision d of section 11 of the court of claims act, as added
by section 5 of part J of a chapter of the laws of 2025 amending the
civil practice law and rules, the general municipal law and the court of
claims act relating to the tolling of statute of limitations for indi-
viduals in state custody, as proposed in legislative bill numbers S.
8415 and A. 8871, is amended to read as follows:
d. Subdivision b of this section shall not apply to [a claim brought
by any person to recover damages for physical, psychological, or other
injury or condition suffered while in custody pursuant to section two
hundred eight-a of the civil practice law and rules] ANY OTHERWISE TIME-
BARRED CIVIL CLAIMS OR CAUSES OF ACTION REVIVED BY SECTION TWO HUNDRED
EIGHT-A OF THE CIVIL PRACTICE LAW AND RULES. THIS EXEMPTION SHALL NOT
APPLY TO ANY CLAIM THAT WAS TIMELY UNDER THE OTHERWISE APPLICABLE STAT-
UTE OF LIMITATIONS, PROVIDED THAT, THE COURT, IN EXERCISING ITS
DISCRETION AS OTHERWISE PERMITTED BY LAW REGARDING THE CLAIM OR NOTICE
OF INTENTION TO FILE A CLAIM SHALL, IN THE INTEREST OF JUSTICE, GIVE DUE
CONSIDERATION TO DIFFICULTIES OF PROOF CAUSED BY INCARCERATION.
§ 7. Section 6 of part J of a chapter of the laws of 2025 amending the
civil practice law and rules, the general municipal law and the court of
claims act relating to the tolling of statute of limitations for indi-
viduals in state custody, as proposed in legislative bill numbers S.
8415 and A. 8871, is amended to read as follows:
§ 6. This act shall take effect immediately AND APPLY TO PERIODS OF
CUSTODY THAT END ON OR AFTER THE EFFECTIVE DATE OF THIS ACT AND SHALL
NOT REVIVE OR OTHERWISE EXTEND ANY CLAIM THAT WAS TIME-BARRED PRIOR TO
SUCH EFFECTIVE DATE.
A. 9516 18
§ 8. This act shall take effect immediately; provided, however, that
sections one, two, three, four, five and six of this act shall take
effect on the same date and in the same manner as part J of a chapter of
the laws of 2025 amending the civil practice law and rules, the general
municipal law and the court of claims act relating to the tolling of
statute of limitations for individuals in state custody, as proposed in
legislative bill numbers S. 8415 and A. 8871, takes effect.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through J of this act shall be
as specifically set forth in the last section of such Parts.Every fact on this page links to its source, starting with the official bill record.