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S215Senate2017-2018 SessionSame asA8152

Legislature Must Approve Prison Closures

Official title

“Requires legislative approval for the closure of correctional facilities and institutions”

Sponsor Kathleen A. MarchioneSD-43+10 co-sponsorsAffects Finance
Status
In Senate Committee
Finance
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill requires legislative approval before any New York correctional facility can be closed.

Why it matters

  1. Shifts decision-making power. By requiring legislative approval for prison closures, the bill removes unilateral authority from the corrections department and gives elected representatives direct oversight, increasing political accountability for closures.

  2. Mandates advance notice and transparency. The department must provide a detailed report justifying any proposed closure at least a year in advance, giving legislators, employees, local communities, and other stakeholders time to scrutinize and respond.

  3. Protects local economies and jobs. Many correctional facilities are major employers in their regions; this bill gives legislators from affected areas a formal role in the closure process, potentially slowing or preventing closures that could harm local economies.

  4. Allows for additional legislative inquiry. Lawmakers can request more data or justification beyond the department’s initial report, which could lead to more comprehensive analysis of the broader impacts—including impacts on inmate populations, public safety, and justice system capacity—before any closure is approved.

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Headline styles

Legislature Must Approve Prison Closures

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Reported and committed to finance
  2. Referred to crime victims, crime and correction
  3. Returned to senate
  4. Died in assembly
  5. Referred to correction
  6. Delivered to assembly
  7. Passed senateVote 50–12
  8. Ordered to third reading cal.1836
  9. Committee discharged and committed to rules
  10. Reported and committed to finance
  11. Referred to crime victims, crime and correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8152Assembly

Require Legislature to Approve Prison Closures

In Assembly Committee · Correction · Sponsor Felix Ortiz

Impact 7 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

215

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sens. MARCHIONE, LARKIN, LITTLE, O'MARA, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The correction law is amended by adding a new section 30 to read as follows:

§ 30. Closure of correctional facilities. The department shall submit a written report to the legislature at least three hundred sixty-five days prior to the date the department is seeking closure of any correctional facility or institution. Such report shall include justification for the proposed closure. The legislature may require any additional information or data that it deems necessary in such report. If the legislature, or the appropriate committees thereof, upon review of the report submitted to it by the department, finds that the proposed closure is not justified then closure shall not occur until approved by a majority vote of each house of the legislature.

§ 2. Severability. If any clause, sentence, paragraph, 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, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 3. This act shall take effect on the thirtieth day 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03006-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

2015-16: Passed Senate 2013-14: 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.