BILL NUMBER: S651A
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to correctional facility
visits by the correctional association
 
PURPOSE OR GENERAL IDEA OF THE BILL:
This legislation seeks to provide the Correctional Association of NY
with the tools needed to properly fulfill its unique role as a watchdog
of the state's correctional system. This bill restores some of the
powers the legislature adopted in 2020 that were removed during the
chapter amendment process by the then-Governor, address roadblocks that
have restricted CANY's ability to perform its mandated role, and further
seeks to bring CANY's access authority in line with nationally recog-
nized best practices for correctional monitoring.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides legislative findings that detail CANY's history and
purpose and emphasizes the unique, critical, and necessary civilian
oversight role that CANY plays in NY State and the positive impact CANY
has had on informing public discourse relating to correctional reform
and the rights of incarcerated individuals.
Section 2 amends Correction Law section 146 (3) to provide the CANY with
the ability to access, visit, inspect, and examine all correctional
facilities without notice. This section further provides CANY with
access to records of the Department (except as limited by state or
federal law). The only time DOCCS can restrict access is during an emer-
gency as defined in this section, and even in an emergency situation,
they may only restrict access to the impacted portion of the facility.
This section also mandates the CANY to periodically issue public reports
and recommendations based on their inspections, after having provided
draft reports to the Department in advance and allowing the Department
to respond with a plan of action to address the findings. The finalized
CANY report must contain the Department's response, if any. This section
also requires that all mail sent to CANY be considered privileged corre-
spondence, and that all rules for privileged correspondence apply.
Section 3 provides for an effective date.
 
AMENDED BILL:
The "A" print clarifies some of the data the correctional association
will receive and removes some of the data that would be required for
DOCCS to provide.
 
JUSTIFICATION:
The Correctional Association of NY serves a unique and vital role in
shedding light on conditions within NY's prisons and in advocating for
reforms. Founded in 1844, CANY was granted authority two years later by
the New York State Legislature to monitor prisons and to report findings
to the legislature and the broader public. The only private organization
in New York with such access to prisons, CANY has remained steadfast in
its commitment to inform the public debate on criminal justice for more
than 175 years. CANY has also played a role in shaping and securing
major criminal justice reforms in New York, on topics ranging from
repealing mandatory minimum sentences for drug crimes to ending the
shackling of incarcerated pregnant women during labor. Unfortunately,
certain of their powers were limited by a chapter amendment in 2021. The
goal of this legislation is to enhance and expand the ability of CANY to
monitor state prisons and to make transparent for the public, the legis-
lature, and the Governor what is actually happening behind prison walls.
The value of the work performed by CANY can be seen in the in-depth
periodic reports CANY issues, after in-person visits and inspections,
gathering of data, speaking directly with incarcerated individuals as
well as with DOCCS officials and staff, and obtaining input from DOCCS
on draft reports prior to the reports being finalized. The reports can
be found on CANNY's website at https://www.correctionalassociation.org/
The significance of the work of CANY was highlighted in December 2024
after the brutal killing of Robert Brooks by correction staff members at
Marcy Correctional Facility. The video recordings of the multiple
assaults by staff on Mr. Brooks in the facility infirmary as medical
staff members looked on were shocking to all. However, the violent
culture among staff members at Marcy CF visible in those video
recordings was not news to anyone who had reviewed the report issued by
CANY in 2023, which noted the particularly high level of reported
violence by staff members, including racialized incidents. See:
https://www.correctionalassociation.org/postvisit- briefingrecommenda-
tions/ 2023-10-marcy
The modifications to existing law in this bill would enable CANY to
properly perform its unique role, thereby improving the safety, health,
and well-being of incarcerated individuals as well as staff.
 
SOCIAL JUSTICE IMPACT:
This legislation will have a significant social justice impact as it
would help to hold DOCCS accountable to the people of NY and would
improve the safety, health, and well-being of all incarcerated individ-
uals and staff. This legislation would also serve to inform the legisla-
ture and the Governor of what is actually taking place in the state's
prisons and would provide the basis for further positive and necessary
reforms of the state's prison system.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2024: S312B (Salazar) - Referred to Crime Victims, Crime and Correction,
Amended.
2023: S312A (Salazar)- Referred to Crime Victims, Crime and Correction.
2022: S9401 (Salazar)- Referred to Crime Victims, Crime and Correction.
ASSEMBLY:
2024: A64898 (Weprin) - Referred to Correction, Amended.
2023: A6489A (Weprin)- Referred to Correction 2022: A10678 (Weprin)-
Referred to Correction
 
FISCAL IMPACT:
None.
 
EFFECTIVE DATE:
This bill will take effect immediately.