What's happening
This bill creates a temporary commission to study and recommend solutions for violence in New York state correctional facilities.
Why it matters
Brings multiple perspectives together. The commission is composed of a diverse group, including corrections officials, union leaders, mental health representatives, criminal justice academics, prisoner advocates, and legislative appointees, ensuring a range of viewpoints on the causes and solutions to violence in correctional facilities.
Provides broad investigative authority. The commission is granted unrestricted access to correctional facilities and unredacted documents (except those protected by law), allowing for a comprehensive and transparent investigation into incidents and systemic issues.
Aims for actionable recommendations. By focusing on both the causes and the changing levels of violence, the commission is tasked with producing a detailed report and recommendations that could influence future policy, potentially leading to reforms in correctional practices, staff training, or inmate treatment.
Time-limited and focused. The two-year sunset and reporting requirement creates urgency and ensures that findings and recommendations are delivered within a set timeframe, increasing the likelihood of prompt legislative or executive action.
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Who cares
State corrections officials
The corrections commissioner or a designee would chair a commission with unrestricted access to state prisons and unredacted facility records to study violence and recommend changes.
Unions representing correctional officers, lieutenants and professional employees
Their presidents or designees would hold commission seats, giving them a role in examining the causes and consequences of prison violence.
Correctional Association of New York and Prisoner's Legal Services of New York
Their executive directors or designees would serve on the commission and help develop its findings and recommendations.
Office of Mental Health
Its commissioner or a designee would serve on the commission studying changes in prison violence and the causes of those changes.
Headline styles
Study Prison Violence Commission
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Reported and committed to finance
- 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.
Study Prison Violence
In Assembly Committee · Correction · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5751
2019-2020 Regular Sessions
IN SENATE
May 14, 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 establishing a temporary state commission to study and make recommendations on violence in state correctional facilities; 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 to the governor and the legislature concerning the causes and consequences of violence in state correctional facilities. The commission will place particular emphasis on changes in levels of violence and the causes of those changes, but will not be restricted to those topics.
§ 2. a. The commission shall consist of fourteen members to be appointed as follows:
(i) the commissioner of the department of correctional services and community supervision or his or her designee, who shall serve as chair of the commission;
(ii) the commissioner of the office of mental health or his or her designee;
(iii) the president of the union representing correctional officers or his or her designee;
(iv) the president of the union representing correctional lieutenants or his or her designee;
(v) the president of the union representing professional employees or his or her designee;
(vi) the president of John Jay College of Criminal Justice or his or her designee;
(vii) the executive director of the Correctional Association of New York or his or her designee;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11544-01-9
S. 5751 2
(viii) the executive director of Prisoner's Legal Services of New York or his or her designee; and
(ix) six members to be appointed as follows:
(1) two shall be appointed by the governor;
(2) two shall be appointed by the temporary president of the senate; and
(3) two shall be appointed by the speaker of the assembly.
b. Vacancies in the appointed members of the commission shall be filled in the manner provided for original appointments. Membership on the commission shall not constitute a public office.
§ 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 hereunder.
§ 4. The members of the commission shall be given unrestricted access to all state correctional 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 by members of the commission to individuals or organizations otherwise unauthorized to receive such documents and all such copies of such documents shall be destroyed upon the expiration of this act.
§ 5. The commission shall 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 correction committee no later than two years after the effective date of this act.
§ 6. This act shall take effect immediately and shall expire and be deemed repealed two 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 establishing a temporary state commission to study and make recommendations on violence in state correctional facili- ties; and providing for the repeal of such provisions upon expiration thereof
Purpose or general idea of bill
To create a multidisciplinary committee to exam the causes of, and possible remedies for, violence in our state prison system.
Summary of specific provisions
Section 1 creates a temporary commission to study prison violence.
Section 2 provides for the appointment of commission members.
Section 3 clarifies that members shall not receive compensation but shall receive necessary expenses.
Section 4 provides that members shall have unrestricted access to correctional facilities and receive copies of documents.
Section 5 provides for a final report.
Section 6 is the effective date and the expiration date.
Justification
The New York State Correctional Officer and Police Benevolent Associ- ation (NYSCOPBA)reported an increase in violence in state correctional facilities starting around 2013. Although the prison population has been declining overall, assaults and unusual incidents have been increasing. NYSCOPBA has speculated that the increase in violence may be due to prison closures, and subsequent overcrowding of remaining facilities, inadequate staffing, the higher proportion of people convicted of violent offenses in the population, or changes in policy relating to the use of SHU. News articles have noted a general increase in violence in the country starting in 2013 due to the availability of cheap heroin on the streets. DOCCS, while noting an increase in the rate of assault incidents, has stated that few of them result in any injury to officers or inmates and that most of them are not assaults under the criminal law definition. Some people have suggested that the new generation coming into prisons may have poor social skills, decreased ability to resolve conflicts and be prone to violence because they grew up with video games and cell phones rather than personal interactions.
This bill creates a temporary state commission with representation of the unions, DOCCS and OMH, prisoner advocacy groups and John Jay College of Criminal Justice to conduct a two-year study on the causes of violence, and any increase in violence, in our state prison system and to make recommendations to the governor and the legislature for changes in practice and policy to address such violence.
Prior legislative history
New bill.
Fiscal implications
To be determined.
Local fiscal implications
None
Effective date
This act shall take effect immediately and shall expire and be deemed repealed two years after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.