What's happening
This bill creates a temporary commission to study and make recommendations on conditions in local correctional facilities outside New York City.
Why it matters
Direct, independent scrutiny of jail conditions. By granting the commission unrestricted access to facilities, unredacted records, and confidential interviews, the bill aims to uncover problems that might otherwise stay hidden, allowing for a more accurate assessment of jail conditions and practices.
Focus on critical vulnerabilities. The commission’s mandate specifically targets areas such as medical and mental health care, overcrowding, inmate deaths, use of force, and solitary confinement—issues frequently linked to lawsuits, human rights concerns, and public safety risks.
Community and regional accountability. Requiring public hearings across multiple upstate cities ensures local voices and experiences feed into the commission’s findings, increasing transparency and public trust in the process.
Potential for policy change. By compelling periodic and final reports with recommendations for regulatory changes, the bill sets the stage for meaningful reforms in local jail oversight and standards, with possible ripple effects for justice, health, and safety in New York communities.
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Who cares
People held in upstate local jails
The commission would examine medical and mental health care, overcrowding, deaths, force, restraints and confinement practices, with authority to interview inmates confidentially.
Local jail administrators and employees
Commission members would have unrestricted facility access, could interview employees confidentially and could obtain unredacted facility records, subject to limits on disclosing confidential documents.
Private jail health care contractors
The commission would place particular emphasis on medical and mental health care, including the use of private contractors.
State correction regulators and lawmakers
The commission would deliver findings and recommendations, including proposed regulatory changes to the State Commission of Correction chairperson, within three years.
Headline styles
Study Upstate Jail Conditions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
History
- Referred to crime victims, crime and correction
- 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.
Review Upstate Jails Commission
In Assembly Committee · Ways And Means · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4842
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
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:
a. The chairman of the temporary state commission of correction established pursuant to subdivision 1 of this section and the executive director of the independent agency which conducts and coordinates the protection and advocacy and client assistance programs, as established pursuant to subdivision (b) of section 558 of the executive law and federal law, or their representatives;
b. Nine members to be appointed as follows: three 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. Of the three 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. Such nine members
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05627-04-9
S. 4842 2
of the commission must reside in counties under the purview of this commission. Vacancies in the appointed membership of the commission shall be filled in the manner provided for original appointments.
c. Membership on the commission shall not constitute a public office. The governor shall appoint the chair of the commission.
§ 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 correctional 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 healthcare, over crowding, 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 documents. 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, itself underfunded 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 a cross 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
A7959A - 2018 Assembly reported to ways and means A4373-A 2019 2019 new bill in Senate
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.