Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8415 A. 8871
2025-2026 Regular Sessions
S E N A T E - A S S E M B L Y
June 9, 2025
___________
IN SENATE -- Introduced by Sen. SALAZAR -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. DILAN -- read once and referred to
the Committee on Ways and Means
AN ACT to amend the correction law, in relation to requiring the disclo-
sure of video footage related to the death of an incarcerated individ-
ual involving a correctional officer (Part A); to amend the correction
law, in relation to requiring institutions and local correctional
facilities to adhere to certain camera footage, recording and investi-
gation standards (Part B); to amend the correction law, in relation to
providing notice of the death of an incarcerated individual occurring
in the custody of the department of corrections and community super-
vision (Part C); directing the state commission of correction to
conduct a comprehensive study on deaths in state correctional facili-
ties within New York state (Part D); to amend the county law, in
relation 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 (Part E); to amend
the executive law and the county law, in relation to conflicts within
the office of special investigation (Part F); to amend the correction
law, in relation to reports on data collected from the office of
special investigations (Part G); to amend the correction law, in
relation to the membership of the state commission of correction (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 (Part J)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13360-02-5
S. 8415 2 A. 8871
Section 1. This act enacts into law components of legislation neces-
sary to implement an omnibus bill 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, includ-
ing 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. Legislative intent. The legislature finds and declares that
transparency and accountability in correctional facilities are essential
to maintaining public trust. This act seeks to promote accountability
and deter misconduct by requiring the timely disclosure of video footage
related to the death of incarcerated individuals involving correctional
officers to the attorney general's office of special investigation.
§ 2. The correction law is amended by adding a new section 22-b to
read as follows:
§ 22-B. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF INCARCER-
ATED INDIVIDUALS INVOLVING CORRECTIONAL OFFICERS. 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 CORRECTIONAL 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 OFFI-
CER.
3. TIMEFRAME FOR DISCLOSURE. SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
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 INVESTI-
GATION SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
(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. The correction law is amended by adding a new section 500-q to
read as follows:
§ 500-Q. DISCLOSURE OF VIDEO FOOTAGE RELATED TO THE DEATH OF INCARCER-
ATED INDIVIDUALS INVOLVING CORRECTIONAL OFFICERS. 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
S. 8415 3 A. 8871
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 OFFICER.
3. TIMEFRAME FOR DISCLOSURE. SUCH VIDEO FOOTAGE SHALL BE DISCLOSED
WITHIN SEVENTY-TWO HOURS OF THE OCCURRENCE OF THE DEATH.
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 INVESTI-
GATION SHALL MAINTAIN THE CONFIDENTIALITY OF ALL VIDEO FOOTAGE AND WILL
DETERMINE REDACTIONS PURSUANT TO ITS PUBLISHED VIDEO RELEASE POLICY.
(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.
§ 4. This act shall take effect immediately.
PART B
Section 1. The correction law is amended by adding a new section 628
to read as follows:
§ 628. SURVEILLANCE, RECORDING, AND INVESTIGATIONS. 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.
(B) "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.
(C) "BLIND SPOT" MEANS ANY AREA, REGARDLESS OF SIZE, WITHIN A CORREC-
TIONAL FACILITY THAT IS NOT UNDER CONTINUOUS TWENTY-FOUR-HOUR SURVEIL-
LANCE BY FIXED, STATIONARY, OR REPOSITIONABLE CAMERAS, AND SHALL INCLUDE
AREAS THAT CONTAIN AN OBJECT THAT OBSTRUCTS THE VIEW OF SUCH CAMERAS,
POORLY LIT AREAS, AREAS SUBJECT TO VIDEO DISTORTION OR GLARE, OR ANY
AREA OTHERWISE INADEQUATELY COVERED SUCH THAT INGRESS, EGRESS OR ANY
OTHER ACTIVITY OCCURRING IN SUCH AREA, CANNOT BE CLEARLY OR RELIABLY
DETECTED OR RECORDED.
2. COMPREHENSIVE CAMERA COVERAGE. (A) ALL COVERED FACILITIES IN THE
STATE SHALL BE REQUIRED TO INSTALL, OPERATE, AND MAINTAIN FIXED OR
STATIONARY CAMERAS SUFFICIENT TO CAPTURE THE ACTIVITIES AND MOVEMENT OF
ALL PERSONS WITHIN EACH SUCH COVERED FACILITIES, WITH THE EXCEPTION OF
THE INTERIOR OF CELLS, SHOWERS, AND TOILET AREAS. FOR EACH AREA IN WHICH
THERE IS NOT FIXED OR STATIONARY CAMERA COVERAGE OF THE INTERIOR OF SUCH
AREA, CAMERAS SHALL BE INSTALLED, OPERATED, AND MAINTAINED WHICH CAPTURE
THE INGRESS AND EGRESS OF SUCH AREAS.
(B) FIXED OR STATIONARY CAMERAS INSTALLED IN COVERED FACILITIES SHALL
CAPTURE BOTH AUDIO AND VISUAL FOOTAGE.
(C) EACH COVERED FACILITY SHALL ENSURE THAT ALL FIXED OR STATIONARY
CAMERAS CAPTURE A CLEAR VISUAL OF THE ACTIVITIES WITHIN SUCH COVERED
FACILITY. THE SUPERINTENDENT OR WARDEN OR THEIR DESIGNEE SHALL PERFORM
REGULAR ASSESSMENTS AND IMPROVEMENTS TO FIXED OR STATIONARY CAMERA
PLACEMENT AND FUNCTIONALITY TO ENSURE COMPLETE COVERAGE. IF AT ANY TIME,
THE SUPERINTENDENT OR WARDEN OR THEIR DESIGNEE BECOMES AWARE OF ANY
NON-FUNCTIONING FIXED OR STATIONARY CAMERAS, OR ANY BLIND SPOT, SUCH
ISSUES SHALL BE DOCUMENTED, INVESTIGATED AND ACTIONS SHALL BE TAKEN TO
S. 8415 4 A. 8871
REMEDY THE PROBLEMS THAT LED TO INCOMPLETE CAMERA COVERAGE OR UNAVAIL-
ABLE CAMERA FOOTAGE.
(D) FIXED OR STATIONARY CAMERAS IN COVERED FACILITIES SHALL OPERATE
CONTINUOUSLY FOR TWENTY-FOUR HOURS A DAY.
3. RETENTION. ALL FIXED OR STATIONARY CAMERA FOOTAGE CAPTURED UNDER
THIS SECTION SHALL BE PRESERVED FOR A MINIMUM OF ONE YEAR. IF THERE IS
AN ALLEGATION OR REPORT OF ANY STAFF MISCONDUCT OR RULE VIOLATION, SUCH
FOOTAGE FROM THE TIME PERIOD OF SUCH INCIDENT SHALL BE PRESERVED FOR A
MINIMUM OF FIVE YEARS.
4. ACCESS TO RECORDINGS. (A) FIXED OR STATIONARY CAMERA FOOTAGE FROM
COVERED FACILITIES UNDER THIS SECTION SHALL BE PROVIDED UPON REQUEST IF
SUCH REQUEST IS ACCOMPANIED BY A VALID SUBPOENA OR A COURT ORDER ISSUED
BY A COURT OF COMPETENT JURISDICTION.
(B) FIXED OR STATIONARY CAMERA FOOTAGE RELEVANT TO ANY COMPLAINT,
INVESTIGATION, OR LEGAL PROCEEDING SHALL BE PRESERVED FOR A MINIMUM OF
FIVE YEARS FROM THE DATE OF SUCH COMPLAINT OR INCIDENT.
5. ENFORCEMENT. THE OFFICE OF THE INSPECTOR GENERAL SHALL DETERMINE
WHETHER ANY ENFORCEMENT ACTIONS ARE WARRANTED FOR FAILURE TO INSTALL OR
MAINTAIN ADEQUATE FIXED OR STATIONARY CAMERA COVERAGE, INCLUDING THE
RECOMMENDATION OF MONETARY PENALTIES OR CORRECTIVE ACTIONS.
6. ACCOUNTABILITY AND REVIEW. (A) THE OFFICE OF THE STATE INSPECTOR
GENERAL SHALL CONDUCT ANNUAL AUDITS OF COVERED FACILITIES TO ENSURE
COMPLIANCE WITH THIS SECTION. THE FINDINGS OF SUCH AUDITS SHALL BE MADE
AVAILABLE TO THE PUBLIC THROUGH AN ANNUAL REPORT.
(B) THE COMMISSIONER SHALL MAKE AN ANNUAL REPORT TO THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR OF ALL
THE INCIDENTS DOCUMENTED, INVESTIGATED, AND ALL OF THE ACTIONS TAKEN
PURSUANT TO SUBDIVISION TWO OF THIS SECTION BEGINNING ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART C
Section 1. Section 624 of the correction law, as amended by chapter
322 of the laws of 2021, is amended to read as follows:
§ 624. Next of kin; death of incarcerated individual. 1. (A) The
department shall [be responsive to inquiries from] PROMPTLY NOTIFY the
next of kin and ANY other person designated as the representative of any
incarcerated individual whose death takes place during custody [regard-
ing].
(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 autopsy report AS SUCH INFORMATION
BECOMES AVAILABLE.
(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 HOURS AFTER THE NEXT OF KIN AND ANY OTHER PERSON
DESIGNATED AS A REPRESENTATIVE HAS BEEN NOTIFIED OF SUCH DEATH, THE
S. 8415 5 A. 8871
DEPARTMENT SHALL PUBLISH PUBLIC NOTICE OF SUCH DEATH ON THE DEPARTMENT'S
WEBSITE.
§ 2. This act shall take effect immediately.
PART D
Section 1. The state commission of correction shall conduct a compre-
hensive study on deaths in correctional facilities of the department of
corrections and community supervision to provide data-driven insights
and recommendations to improve prison conditions, healthcare, and poli-
cies to prevent future tragedies. Such study shall:
1. Determine the number and causes of deaths in New York state correc-
tional facilities over the past decade;
2. Assess the adequacy of the mental health services and medical
services within correctional facilities of the department of corrections
and community supervision;
3. Identify any patterns or trends in the data that may indicate
systemic issues or areas needing improvement;
4. Evaluate the effectiveness of existing policies and procedures in
preventing deaths in custody; and
5. Recommend measures to improve the health and safety of incarcerated
individuals.
§ 2. Within one year 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.
§ 3. This act shall take effect immediately.
PART E
Section 1. This act shall be known and may be cited as the "Terry
Cooper autopsy accountability act".
§ 2. Subdivision 5 of section 674 of the county law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
5. Notwithstanding section six hundred seventy of this article or any
other provision of law, the coroner, coroner's physician or medical
examiner shall promptly perform or cause to be performed an autopsy and
to prepare an autopsy report which shall include a toxicological report
and any report of any examination or inquiry with respect to any death
occurring within [his or her] SUCH CORONER'S, CORONER'S PHYSICIAN'S OR
MEDICAL EXAMINER'S county to an incarcerated individual of a correction-
al facility as defined by subdivision three of section forty of the
correction law, whether or not the death occurred inside such facility.
FOR THE PURPOSES OF THIS SUBDIVISION, IN ADDITION TO ANYTHING ELSE
REQUIRED BY LAW, AN 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.
§ 3. Subdivision 6 of section 677 of the county law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
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 [chairman] CHAIRPERSON of the
S. 8415 6 A. 8871
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 [his or her] THEIR county; and shall promptly
provide the executive director of the justice center for the protection
of people with special needs with copies of any autopsy report, toxicol-
ogy report or any report of any examination or inquiry prepared with
respect to the death of any service recipient occurring while [he or
she] SUCH PERSON was a resident in any facility operated, licensed or
certified by any agency within 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 agency with the coroner or medical examiner,
such report shall be promptly provided to the [chairman] CHAIRPERSON of
the correction medical review board, the commissioner of corrections and
community supervision or the executive director of the justice center
for people with special needs, as appropriate, by such person, partner-
ship, corporation or governmental agency. FOR THE PURPOSES OF THIS
SUBDIVISION, IN ADDITION TO ANYTHING ELSE REQUIRED BY LAW, AN 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.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all autopsies conducted on or after
such date.
PART F
Section 1. Legislative intent and findings. The legislature vested
the Office of the Attorney General with important statutory duties under
section 17 of the public officers law, to provide for the defense of
state employees in civil actions arising from their public employment,
and section 70-b of the executive law, to investigate and, where appro-
priate, prosecute the deaths of individuals involving police officers or
peace officers. There are circumstances where the Attorney General's
duties under these two laws could conflict. It is the objective of the
legislature that the Attorney General carries out its duties under both
laws and does so in a manner that is consistent with the rules of
professional conduct. To that end, this legislation will ensure that the
Office of the Attorney General puts in place appropriate protocols and
procedures to fulfill its statutory obligations under section 17 of the
public officers law and section 70-b of the executive law while also
meeting the standards of the rules of professional conduct. This legis-
lation also recognizes the unique challenges that the Attorney General
faces when a conflict arises in a matter involving section 70-b of the
executive law and adapts the process already used by District Attorneys,
and at times the Attorney General, authorizing the courts to appoint a
special district attorney to act in place of the Attorney General where
they may be disqualified from a matter.
S. 8415 7 A. 8871
§ 2. Section 70-b of the executive law is amended by adding a new
subdivision 8 to read as follows:
8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, IN A MATTER IN WHICH THE ATTORNEY GENERAL'S AUTHORITY
ESTABLISHED UNDER THIS SECTION CONFLICTS, OR HAS A REASONABLE RISK OF
CONFLICTING, WITH THE ATTORNEY GENERAL'S REPRESENTATION OF STATE EMPLOY-
EES IN CIVIL LITIGATION UNDER SECTION SEVENTEEN OF THE PUBLIC OFFICERS
LAW, THE ATTORNEY GENERAL MAY DESIGNATE A DEPUTY ATTORNEY GENERAL OR
ASSISTANT ATTORNEY GENERAL, INCLUDING ANY PERSON DESIGNATED UNDER SUBDI-
VISION FIVE OF THIS SECTION, AS PROVIDED BY SECTION NINE OF THE PUBLIC
OFFICERS LAW, TO ACT AS ATTORNEY GENERAL FOR THAT MATTER IN THE ATTORNEY
GENERAL'S STEAD.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE ATTORNEY GENERAL SHALL ESTABLISH THROUGH RULES AND
REGULATIONS, PROCESSES AND PROCEDURES FOR SCREENING (I) THE PERSON SO
DESIGNATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AND THE ENTIRE
PROSECUTION TEAM, FROM RECORDS, COMMUNICATION, AND INFORMATION RELATED
TO THE CIVIL DEFENSE OF A POLICE OFFICER OR PEACE OFFICER AS DEFINED IN
SUBDIVISION ONE OF THIS SECTION, AND (II) PERSONS INVOLVED IN THE CIVIL
DEFENSE OF A POLICE OFFICER OR PEACE OFFICER AS DEFINED IN SUBDIVISION
ONE OF THIS SECTION FROM RECORDS, COMMUNICATION, AND INFORMATION RELATED
TO THE INVESTIGATION AND, WHERE APPROPRIATE, PROSECUTION OF STATE PEACE
OR POLICE OFFICERS UNDER THIS SECTION. THE RULES AND REGULATIONS ESTAB-
LISHING SCREENS SHALL BE SUFFICIENT TO SATISFY THE RULES OF PROFESSIONAL
CONDUCT REGARDING CONFLICTS AND TO PROTECT THE RIGHTS OF STATE PEACE AND
POLICE OFFICERS WHO ARE THE SUBJECT OF AN INVESTIGATION OR PROSECUTION
UNDER THIS SECTION BY ENSURING THAT THE INDIVIDUALS CONDUCTING OR OTHER-
WISE INVOLVED IN SUCH INVESTIGATION OR PROSECUTION DO NOT HAVE ACCESS TO
ANY CONFIDENTIAL INFORMATION OBTAINED IN THE COURSE OF THE OFFICE'S
CIVIL DEFENSE OF STATE EMPLOYEES.
§ 3. Section 701 of the county law is amended by adding a new subdivi-
sion 6 to read as follows:
6. (A) THIS SUBDIVISION SHALL APPLY TO THE ATTORNEY GENERAL IN ANY
CIRCUMSTANCE WHERE THE ATTORNEY GENERAL ACTS IN PLACE OF A DISTRICT
ATTORNEY. NOTHING IN THIS SUBDIVISION SHALL INVALIDATE A COURT APPOINT-
MENT OF A DISTRICT ATTORNEY OR OTHER ATTORNEY MADE PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION TO SERVE IN THE PLACE OF THE ATTORNEY
GENERAL ON A PARTICULAR MATTER UNDER ANY OTHER SUBDIVISION OF THIS
SECTION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER THE ATTORNEY GENERAL AND SUCH ASSISTANTS AS THE ATTORNEY GENERAL
MAY HAVE, IS DISQUALIFIED FROM ACTING IN A PARTICULAR MATTER TO
DISCHARGE THEIR DUTIES AT A TERM OF ANY COURT, A SUPERIOR CRIMINAL COURT
IN THE COUNTY WHEREIN THE ACTION IS TRIABLE MAY UPON ARTICULABLE REASONS
SET FORTH BY THE ATTORNEY GENERAL FOR SUCH APPOINTMENT, BY ORDER:
(I) APPOINT SOME ATTORNEY AT LAW HAVING RELEVANT EXPERIENCE AND EXPER-
TISE, WITHOUT REGARD TO JUDICIAL DEPARTMENT OR OTHER GEOGRAPHIC LIMITA-
TIONS WITHIN THE STATE, TO ACT AS SPECIAL DISTRICT ATTORNEY DURING THE
DISQUALIFICATION OF THE ATTORNEY GENERAL AND SUCH ASSISTANTS AS THEY MAY
HAVE; OR
(II) APPOINT A DISTRICT ATTORNEY OF ANY COUNTY TO ACT AS SPECIAL
DISTRICT ATTORNEY, PROVIDED SUCH DISTRICT ATTORNEY AGREES TO ACCEPT
APPOINTMENT BY SUCH CRIMINAL COURT DURING SUCH DISQUALIFICATION OF THE
ATTORNEY GENERAL AND SUCH ASSISTANTS AS THEY MAY HAVE.
(C) THE SPECIAL DISTRICT ATTORNEY SO APPOINTED SHALL POSSESS THE
POWERS AND DISCHARGE THE DUTIES OF THE ATTORNEY GENERAL DURING THE PERI-
S. 8415 8 A. 8871
OD, OR FOR THE DURATION OF THE MATTER, FOR WHICH THEY SHALL BE
APPOINTED.
(D) WHERE A SPECIAL DISTRICT ATTORNEY IS APPOINTED UNDER THIS SUBDIVI-
SION, THE SPECIAL DISTRICT ATTORNEY MAY DIRECT THE EXERCISE OF SUCH
POWERS AND THE PERFORMANCE OF SUCH DUTIES BY ANY ASSISTANT OR OTHER
STAFF IN THEIR OFFICE TO ASSIST SUCH SPECIAL DISTRICT ATTORNEY TO THE
SAME EXTENT PERMITTED BY LAW.
(E) ANY SPECIAL DISTRICT ATTORNEY APPOINTED UNDER THIS SUBDIVISION FOR
A MATTER ARISING OUT OF THE ATTORNEY GENERAL'S AUTHORITY UNDER SECTION
SEVENTY-B OF THE EXECUTIVE LAW SHALL BE RESPONSIBLE FOR THE PUBLIC
REPORT REQUIRED BY SUBDIVISION SIX OF SUCH SECTION.
(F) WHERE A SPECIAL DISTRICT ATTORNEY IS APPOINTED UNDER THIS SUBDIVI-
SION, THE DEPARTMENT OF BUDGET, AFTER HAVING BEEN NOTIFIED AND PROVIDED
WITH AN OPPORTUNITY TO BE HEARD, SHALL PAY THE NECESSARY DISBURSEMENTS
OF, AND A REASONABLE COMPENSATION FOR, THE SERVICES OF THE PERSON SO
APPOINTED AND ACTING, AS CERTIFIED BY THE PRESIDING JUDGE OR JUSTICE.
§ 4. Severability. If any clause, sentence, paragraph, subdivision,
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 judgment 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.
§ 5. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the sixtieth day after it
shall have become a law; and provided further, however, that the attor-
ney general shall be authorized to establish through executive order
or other formal action within the office, processes and procedures for
screenings required by paragraph (b) of subdivision 8 of section 70-b of
the executive law, as added by section two of this act, until such time
as the attorney general is prepared to promulgate such rules and regu-
lations as are necessary pursuant to such paragraph (b) of subdivision 8
of section 70-b of the executive law.
PART G
Section 1. Section 112 of the correction law is amended by adding a
new subdivision 7 to read as follows:
7. (A) 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 RECEIVED BY THE
OFFICE OF SPECIAL INVESTIGATIONS CATEGORIZED BY FACILITY THE COMPLAINT
ORIGINATED FROM, COMPLAINT TYPE OR ALLEGATION, SUBJECT OF THE COMPLAINT
(I.E. INCARCERATED INDIVIDUAL, SECURITY STAFF, CIVILIAN STAFF, OR
OTHER), AND HOW THE COMPLAINT 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
S. 8415 9 A. 8871
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 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, THE COMPLAINT
TYPE OR ALLEGATION, AND THE SUBJECT OF THE COMPLAINT (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; AND
(VI) OFFICE OF SPECIAL INVESTIGATIONS STAFFING DATA INCLUDING THE
TOTAL NUMBER OF STAFF, POSITION TYPE, AND NUMBER OF OPEN POSITIONS.
(B) THE COMMISSIONER SHALL REPORT ANNUALLY THE AVERAGE LENGTH OF TIME
TO CLOSE AN INVESTIGATION BY THE OFFICE OF SPECIAL INVESTIGATION BY
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 immediately.
PART H
Section 1. Section 41 of the correction law, as added by chapter 865
of the laws of 1975, 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 [three] NINE persons [to be], THREE OF WHOM SHALL BE
appointed by the governor[, by and with the advice and consent of the
senate], 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 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.
(C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY designate
one of the appointed members as [chairman] CHAIRPERSON to serve [as
such] at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure [of the gover-
nor]. The members shall devote full time to their duties and shall hold
no other salaried public position.
2. The members shall hold office for terms of five years; provided
that [of] the [three members first appointed, one shall serve for a term
of two years, one shall serve for a term of three years and one shall
S. 8415 10 A. 8871
serve for a term of five years from January first next succeeding their
appointment] 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
[governor] APPOINTING AUTHORITY WHO NOMINATED THE MEMBER for cause after
an opportunity to be heard in [his] 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 [he] 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 1 of section 41 of the correction law, as amended by
section 1 of part HH of chapter 55 of the laws of 2025, is amended to
read as follows:
1. (A) There shall be within the executive department a state commis-
sion of correction. It shall consist of [three] NINE persons [to be],
THREE OF WHOM SHALL BE appointed by the governor[, by and with the
advice and consent of the senate], 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 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.
(C) The [governor] MEMBERS OF THE COMMISSION shall ANNUALLY designate
one of the appointed members as [chair] CHAIRPERSON to serve [as such]
at [the] SUCH MEMBERS OF THE COMMISSION'S pleasure [of the governor].
The members shall devote full time to their duties and shall hold no
other salaried public position.
§ 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 of such
chapter of the laws of 2025 takes effect.
PART I
Section 1. Legislative findings. Founded in 1844 by concerned citizens
of the state and deputized by the state to provide independent monitor-
ing and oversight of the state's prisons in 1846, the Correctional Asso-
ciation of New York is one of the first organizations in the country
created to administer civilian oversight of prisons to ensure greater
transparency of correctional institutions in the state. The Correctional
Association of New York's on-site access to the state's prisons and to
information on state prisons is critical for the organization to provide
S. 8415 11 A. 8871
insight into the policies and procedures of the state's prisons through
its monitoring and reporting on prison conditions, policies, and proce-
dures for the executive, legislature, and public, playing an important
role in informing debates on correctional reform and incarcerated indi-
viduals' rights.
§ 2. Subdivision 3 of section 146 of the correction law, as amended by
chapter 32 of the laws of 2021, paragraph b as amended by chapter 486 of
the laws of 2022, 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 [seventy-two] TWEN-
TY-FOUR hours advance notice to the department. 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[. In addition, the department may]; PROVIDED,
HOWEVER, THAT THE DEPARTMENT MAY restrict access to a portion of a
facility in an emergency situation for the duration of the emergency.
For the purpose of this subdivision, an emergency shall be determined by
the commissioner or [his or her] 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. [Upon twenty-four hours advance notice, at] AT the commencement AND
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. [Upon twenty-four hours
advance notice, the] 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 ASSOCIATION, UPON THE CORRECTIONAL ASSOCIATION'S
REQUEST DURING THE COURSE OF ANY VISIT. THE correctional association may
meet privately with the incarcerated individual liaison committee and
representatives of the incarcerated individual grievance resolution
committee or any other organization of incarcerated individuals recog-
nized 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
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 [any incarcerated indi-
vidual] ANYONE who [agrees to speak] SPEAKS with the correctional asso-
S. 8415 12 A. 8871
ciation. The department may not limit the number of individuals the
correctional association may interview or the duration of the inter-
views, in any manner unreasonable under the circumstances. The correc-
tional association shall have the power to conduct private, confidential
meetings reasonable in number under [the] A FACILITY'S IMMEDIATE circum-
stances AT THEIR PLEASURE AND WITHOUT NOTICE TO THE DEPARTMENT with
incarcerated [people] INDIVIDUALS in housing units and in attorney
visiting rooms or other rooms in the facility in which their conversa-
tions will remain confidential. No department employee may attend or
listen to any such meeting without the consent of the correctional asso-
ciation.
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;
(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;
S. 8415 13 A. 8871
(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.
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 [shall] issue reports and recommendations to the
governor, the legislature and the public about the conditions and issues
at [each such facility] CORRECTIONAL FACILITIES. When preparing such
formal reports and recommendations, the correctional association shall
submit a tentative copy of such report and recommendations to the
commissioner. The commissioner 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 thereafter submits its final report and recom-
mendations, it shall contain a complete copy of the response, if any,
submitted to the tentative report and recommendations.
[e.] F. The correctional association may send WRITTEN AND/OR ELECTRON-
IC surveys or questionnaires to people in custody OR EMPLOYEES concern-
ing conditions of confinement, WORKING CONDITIONS, or other subjects
within the scope of their mission without prior approval of the depart-
ment. PEOPLE INCARCERATED SHALL BE PERMITTED TO CONFIDENTIALLY COMPLETE
AND RETURN TO THE CORRECTIONAL ASSOCIATION SUCH SURVEYS EITHER IN WRIT-
TEN FORMAT OR ELECTRONICALLY. The correctional association may also
receive FREE CONFIDENTIAL phone calls AND EMAILS from incarcerated indi-
viduals and/or set up a CONFIDENTIAL hotline for individuals to use if
they choose to contact them. 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 INCARCERATED INDIVIDUAL FUNDS FOR POSTAGE SHALL APPLY TO
PRIVILEGED CORRESPONDENCE RECEIVED AND SENT TO THE CORRECTIONAL ASSOCI-
ATION. FOR THE PURPOSES OF THIS SECTION, IDENTICAL INCOMING BLANK
SURVEYS AND QUESTIONNAIRES SHALL NOT BE DEFINED AS PRIVILEGED CORRE-
SPONDENCE.
S. 8415 14 A. 8871
[f.] G. The ACCESS, VISITS, AND inspection of state correctional
facilities by the correctional association pursuant to this subdivision
shall be undertaken solely in furtherance of the correctional associ-
ation'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 desig-
nees shall be required to sign [a waiver] AN ACKNOWLEDGEMENT OF THE
FOREGOING as a condition of entry into a correctional facility pursuant
to this subdivision.
§ 3. This act shall take effect immediately.
PART J
Section 1. The civil practice law and rules is amended by adding a new
section 208-a 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-
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.
§ 2. Subdivision 8 of section 50-e of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
(C) 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.
§ 3. Section 50-i of the general municipal law is amended by adding a
new subdivision 6 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.
§ 4. Section 10 of the court of claims act is amended by adding a new
subdivision 11 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.
S. 8415 15 A. 8871
§ 5. Section 11 of the court of claims act is amended by adding a new
subdivision d 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.
§ 6. This act shall take effect immediately.
§ 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.