What's happening
This bill requires that attorneys representing inmates in disciplinary appeals receive the full hearing record, with confidential informant information redacted.
Why it matters
Improves Due Process for Inmates. By guaranteeing that attorneys receive the full hearing record (with necessary redactions), the bill strengthens inmates’ ability to challenge disciplinary actions, promoting fairer outcomes and more thorough representation.
Protects Informant Safety. The requirement to redact identifying information about confidential informants balances transparency for legal defense with the critical need to protect individuals who provide sensitive information, reducing risks of retaliation within correctional facilities.
Limits Record Sharing. Attorneys are explicitly prohibited from redisclosing hearing records or information to unauthorized parties, maintaining the confidentiality and integrity of sensitive correctional information while still allowing for effective legal advocacy.
Could Affect Disciplinary Appeals. Access to full records may lead to more successful appeals or lawsuits if procedural errors or rights violations are revealed, potentially impacting disciplinary practices and oversight in New York correctional institutions.
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Who cares
Headline styles
Give Inmate Lawyers Hearing Records
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Ordered to third reading cal.162
- Advanced to third reading cal.500
- Reported
- Reported referred to codes
- Print number 4253a
- Amend and recommit to correction
- Referred to 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.
Let Inmate Lawyers See Records
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4253--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
Introduced by M. of A. WEPRIN, O'DONNELL, COLTON -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to confidential hearing records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 138 of the correction law is amended by adding a new subdivision 7 to read as follows:
7. An attorney representing an inmate in any appeal of a disciplinary proceeding or in any lawsuit related to such a proceeding shall be provided with a copy of the entire hearing record but shall not redisclose such records or any information contained in the records to any person not otherwise authorized by law to obtain them. The name, identification number, housing location or work assignment of any confidential informant may be redacted from such hearing record.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07208-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.