Adds a licensed health care professional to the organization of the citizen's policy and complaint review council

Summary of provisions

Section one of the bill would amend Correction Law § 42(a)(1) to update the membership of the CPCRC by: (1) allowing a veteran of any foreign war, conflict, or military occupation to serve on the Council; and (2) requiring a licensed health care professional to serve on the Council.

Section two of the bill provides that the bill would take effect immediately.

Existing law

Correction Law § 42(a)(1) creates the CPCRC within the State Commission of Correction ("SCOC" or "Commission"). This is a nine-member council, which is required to meet at least once per month, and whose members serve without compensation (except for reimbursement for their actual and necessary expenses in performing their duties). The Council is responsible for reviewing and investigating complaints and grievances filed by inmates of local jails, assisting SCOC in policy development to improve SCOC's performance, and promoting research and study of correctional program development.

Under current law, the nine members of the Council must include: (1) a veteran who served in Indochina between January 1, 1963 and May 7, 1975 who was discharged under other than dishonorable condition, or a licensed mental health professional with experience or training in post-traumatic stress syndrome; (2) an attorney admitted in the State of New York; (3) a former inmate of a correctional facility; (4) a former correctional officer; (5) a former resident of a Division for Youth secure center; and (6) a former employee of a Division for Youth secure center; and three other persons appointed by the Governor.

Legislative history

New bill.

Statement in support

The Commission has had difficulty recruiting two of the categories of members, a Vietnam era veteran and a former resident of a Division for Youth secure center, who are mandated to be represented on the Council. As a result, when a vacancy occurs, these seats often go unfulfilled for extended periods of time.

With respect to a Vietnam era veteran, it is SCOC's experience that these veterans are of an age when many are retiring and either relocating from the area or unwilling or unable to take time away from their families and devote it to the work of the Council. Nonetheless, the Commission believes that it is important to have a veteran on the Council. This bill, therefore, would expand the pool of eligible veterans to serve on the Council by requiring a veteran of any foreign war, Conflict, or military occupation to serve on the Council. This would have the positive effect of retaining the possibility of having a council member with experience in or familiarity with post-traumatic stress disorder on the Council.

With respect to former residents of Division for Youth secure centers, the Commission has had difficulty identifying persons who meet this qualification because the fact that a person was a resident of such a center is a confidential and privacy protected matter. This bill allows this spot to be filled by either a licensed health care professional or a former resident of a Division for Youth secure center. This will be a valuable resource to the Council because it has experienced a significant increase in the number of health and mental health care related inmate grievances. Having a health care professional on the Council will not place council members in the difficult position of questioning the actions of a facility health care official without the benefit of qualified advice.

Fiscal implications

None.

Effective date

This bill would take effect immediately.