Requires legislative approval for the closure of correctional facilities and institutions

7 Co-sponsors

• Hugh T. Farley
• William J. Larkin Jr.
• Betty Little
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Patty Ritchie
• James L. Seward

BILL NUMBER:S1085

Title of bill

An act to amend the correction law, in relation to requiring legislative approval for the closure of correctional facilities and institutions

Purpose or general idea of bill

This bill would require legislative approval in the proposed closure of correctional facilities and institutions across the State of New York.

Summary of specific provisions

Section 1: Adds new Section 30 to the Correction Law which would require the New York State Department of Corrections and Community Supervision to submit a report to the legislature 365 days prior to a requested closing of a correctional facility or institution. The Legislature or appropriate committees may approve the closure upon review of the report. If the closure is not justified, the Legislature will have the ability to deny the proposed closure by a majority vote in both the Senate and the Assembly.

Section 2: Severability; allows any court of competent jurisdiction to find this law invalid, in accordance with the State Constitution and Statutes.

Section 3: The bill will take effect on the thirtieth day after it has been signed into law.

Justification

Ensuring the safety of the public must be the first priority of any Government. Recently, the Governor closed Mount McGregor, a Correctional Facility in the Town of Wilton, Saratoga County which employed 320 people and housed over 450 inmates.

With the announcement of the closure, and three other facilities across the state like it, no permanent plan had been created to account for the parole or relocation of the inmates, as well as transfers or retraining for current employees.

Government must be responsible and establish necessary plans for current inmates and employees of these facilities instead of arbitrarily "turning out the lights" on unsuspecting guards, prisoners and communities.

We must not allow for the premature-parole of prisoners, which would place our local communities in possible danger while disrupting the financial security of employees of Mount McGregor. In rural regions of Upstate New York, the Correctional Facilities play a vital role in the local economy. These facilities employ many local residents who, not only serve and protect our state, but comprise the community which supports our schools, municipalities and local businesses. Additionally, transparency and public debate are very important to a

free and open democracy. Allowing for legislative approval would allow for the discussion of prison closures instead of the decision being left to a few privileged bureaucrats. These are just several reasons why legislative approval of correctional facilities is necessary.

Prior legislative history

S.5945 (2013-2014) referred to Crime Victims, Crime & Correction.

Fiscal implications

To be determined.

Effective date

This Act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/ore 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.