What's happening
This bill creates a temporary state commission to investigate and recommend improvements for local correctional facilities in upstate New York.
Why it matters
Focuses on improving conditions in upstate local jails. The commission’s mandate to examine medical and mental health care, overcrowding, inmate deaths, use of force, restraints, and solitary confinement highlights a wide-ranging review of potentially problematic jail practices that can affect inmate well-being and public perception of justice.
Brings independent and community voices into oversight. With requirements that most commission members are not current jail officials and must reside in affected counties, the structure encourages broader accountability and may increase trust and buy-in from local communities.
Mandates transparency and public engagement. The commission has the power to access unredacted documents, conduct confidential interviews, and must hold public hearings in multiple upstate cities, which can lead to greater transparency about jail operations and give a platform to those impacted by facility conditions.
Aims for actionable reforms within a set timeframe. By requiring annual reports and a final set of recommendations within three years, the bill seeks not just investigation but concrete policy or regulatory changes, potentially shaping corrections practices for years to come.
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Who cares
Headline styles
Review Upstate Jail Conditions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2169
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT creating a temporary state commission relating to local correctional facilities in upstate New York; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. A temporary state commission is hereby created to study and make recommendations relating to local correctional facilities located outside of the boundaries of a city with a population of more than one million people. The commission will place particular emphasis on medical and mental health care (including the use of private contractors), overcrowding, inmate deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement, but will not be restricted to those topics.
§ 2. The commission shall consist of eleven members to be appointed as follows: five shall be appointed by the governor; two shall be appointed by the temporary president of the senate and one by the minority leader of the senate; and two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly. The members of such commission shall serve at the pleasure of the official making the appointment of such member. Of the five members appointed by the governor, none shall be an elected official or current employee of a local correctional facility or other branch of county government, one shall be from the state commission of correction and one shall be from Disability Rights New York. The remaining nine members of the commission must reside in counties under the purview of this commission. Vacancies in the membership of the commission shall be filled in the manner provided for original appointments. Membership on the commission shall not constitute a public office. The governor shall appoint the chair of the commission.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05627-01-9
S. 2169 2
§ 3. The members of the commission shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this act.
§ 4. The members of the commission shall be given unrestricted access to all local correctional facilities in the state, including the ability to conduct confidential interviews of inmates and employees of such facilities and to receive unredacted copies of any documents maintained by such facilities, although documents that are confidential under state or federal law may not be disclosed to individuals or organizations otherwise unauthorized to obtain such documents by the commission or its members. The commission shall also hold at least one public hearing in each of the cities of Albany, Buffalo, Plattsburgh, Poughkeepsie, Rochester, Syracuse and Utica, and shall have all the powers of a legislative committee pursuant to the legislative law.
§ 5. The commission shall issue periodic reports, no less than annually, of its findings and publish a final report of its findings and make any recommendations it may deem necessary and appropriate to the governor, the temporary president of the senate, the speaker of the assembly, the chairperson of the senate crime victims, crime and correction committee, and the chairperson of the assembly committee on correction no later than three years after the effective date of this act. The report shall also make recommendations for needed regulatory changes to the chairperson of the state commission of correction.
§ 6. This act shall take effect immediately and shall expire and be deemed repealed 3 years after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act creating a temporary state commission relating to local correc- tional facilities in upstate New York; and providing for the repeal of such provisions upon expiration thereof
Purpose or general idea
This bill creates a three-year commission to study local jails outside of New York City, with particular emphasis on conditions of confinement including, but not limited to, medical and mental health care, over- crowding, inmate inmate deaths, use of restraints, use of force and segregated confinement.
Summary of specific provisions
Section 1. establishes a temporary state commission on local jails to study and make recommendations for statewide policy or reforms, specif- ically focusing on mental health care, medical treatment, overcrowding, restraints, inmate deaths, the use of force and segregated confinement.
Section 2. prescribes the manner in which eleven commission members will be appointed.
Section 3. provides that commission members will receive no compen- sation, but will be reimbursed for their expenses pertaining to the performance of their duties.
Section 4. grants commission members unrestricted access to all local correctional facilities across the state. Access includes the ability to conduct confidential interviews of inmates and employee and unredacted copies of dccuments. The commission is instructed to hold public hear- ings with all the powers of a legislative committee.
Section 5. provides for reports by the commission to the governor and legislature.
Section 6. establishes an effective date and repeal date.
Justification
While the crime rate has fallen across the state in the last several years, overcrowding in some county jails remains a problem. Addi- tionally, county jails often have trouble finding and retaining medical and mental health staff or contractors and may lack the resources to provide mentally ill or drug addicted inmates with effective treatment or programming. Each county jail has different problems and policies and must remain responsive to unique local concerns.
Even though the State Commission of Correction, itselfunddrfunded and understaffed, has oversight authority of the county jails, it only establishes minimum standards for jails and does not otherwise develop coordinated policy on conditions of confinement, programming, use of force and medical and mental health care.
This bill would provide for a temporary commission appointed. by the governor and legislature to review the conditions in local jails outside of New York City, report on their findings, make recommendations for statewide policy or reforms that might be needed to provide for humane and uniform treatment of jail inmates across the various counties, and identify problems that may require state funding, legislation or other state action to help sheriffs improve jail conditions. The commission would have unfettered access to jails across the state and would hold public hearingS in a number of regional centers in order to receive input from all stakeholders in the local county jails prior to issuing its final report.
Prior legislative history
2017-18: A.7959 (Weprin) - Referred to Correction
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall expire and be deemed repealed three years after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.