What's happening
This bill requires the Department of Corrections to provide records to protection and advocacy organizations within three days, or within 24 hours if there is an urgent health or safety issue, free of charge.
Why it matters
Speeds up oversight and accountability. By requiring the Department of Corrections to provide records rapidly (within three days, or 24 hours if there’s a health or safety emergency), the bill enables advocacy organizations to respond more quickly to reports of abuse, neglect, or dangerous conditions in correctional facilities.
Enhances the ability to protect vulnerable individuals. Timely access to records is crucial for protection and advocacy organizations to intervene when there’s a risk to the health and safety of incarcerated people with disabilities, potentially preventing harm or addressing problems before they escalate.
Removes financial barriers to oversight. By mandating that records are provided free of charge, the bill ensures that cost does not hinder advocacy groups from fulfilling their watchdog role, making it easier for them to investigate and act on concerns without resource constraints.
Strengthens transparency and legal compliance. The legislation aligns state practices with federal requirements for protection and advocacy systems, reinforcing New York’s commitment to transparency and the rights of individuals with disabilities in correctional settings.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Faster Disability Records Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Substituted by A7686
- Advanced to third reading
- 2nd report cal.
- 1st report cal.754
- 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.
Faster Disability Record Access
Vetoed · Sponsor Dan Quart
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5511
2019-2020 Regular Sessions
IN SENATE
May 3, 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 to amend the correction law, in relation to providing records for protection and advocacy services in a timely manner
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 626 to read as follows:
§ 626. Records for protection and advocacy services. 1. Upon receipt of a written request for records from the organization designated by the governor pursuant to subdivision (b) of section five hundred fifty-eight of the executive law to provide protection and advocacy services and administer the protection and advocacy system, the department shall furnish access to and provide copies of such records to such organization not later than three business days after the receipt of such request. If such organization states in its written request that there is probable cause to believe the health or safety of an individual is in serious and immediate jeopardy or in the case of the death of an individual with a disability, the department shall furnish access to and provide copies of such records within twenty-four hours of the receipt of such written request.
2. Copies of records provided pursuant to this section shall be free of charge.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11464-01-9
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 providing records for protection and advocacy services in a timely manner
Purpose or general idea of bill
To provide records to the organization appointed by the governor to act as the federally-mandated protection and advocacy organization repres- enting disabled New Yorkers.
Summary of specific provisions
Section 1 amends the correction law by adding a new section 626 to instruct DOCCS to provide records to the protection and advocacy organ- ization within three days of the receipt of a records request.
Section 2 is the effective date.
Justification
Disability Rights New York (DRNY) is a state-wide non-profit organiza- tion appointed by the governor to provide individual representation and systemic advocacy on behalf of individuals with disabilities under the federal Protection and Advocacy (P&A) law. To accomplish this work, Congress has granted P0 broad access authority, including access to records held by agencies who provide services to individuals with disa- bilities. State prisons and jails fall under P&A jurisdiction.
DRNY regularly makes written requests to DOCCS for records pursuant to P&A authority. Federal law requires access to records be provided either within 24 hours, three business days, or "promptly," depending on the nature of the request. DOCCS' practice is to only issue copies of records after P&A staff have reviewed records at the prison where the inmate is located, calculated the page count, and paid fees for the records. The records are located at prisons throughout the state, and most records follow inmates when they transfer to another prison; there- fore access at the facility is frequently not feasible or is an ineffi- cient option.Even after receipt of payment, DOCCS generally takes weeks or months to provide DRNY with the requested records.
It is critically important to the work of our state's protection and advocacy system and the people with disabilities they serve that DRNY timely receive records. This bill requires DOCCS to produce records in a timely fashion upon receipt of written request. New York must comply with federal law. Since DRNY is appointed by the governor to provide these services, DOCCS should provide the same treatment afforded to state agencies, to whom they provide records free of charge upon request.
Prior legislative history
New bill.
Fiscal implications
Negligible
Local fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.