S 5823: Creates a temporary state commission relating to local correctional facilities in upstate New York; provides commission study shall place emphasis on medical and mental health care, overcrowding, incarcerated individual deaths, use of force, restraints, and all segregation and confinement practices and solitary confinement.

  
  STATE OF NEW YORK ________________________________________________________________________ 5823 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sens. SEPULVEDA, MYRIE, SALAZAR, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT in relation to 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 Assem- bly, do enact as follows: 1 Section 1. A temporary state commission is hereby created to study and 2 make recommendations relating to local correctional facilities located 3 outside of the boundaries of a city with a population of more than one 4 million people. The commission will place particular emphasis on medical 5 and mental health care (including the use of private contractors), over- 6 crowding, incarcerated individuals' deaths, use of force, restraints, 7 and all segregation and confinement practices and solitary confinement, 8 but will not be restricted to those topics. 9 § 2. The commission shall consist of eleven members to be appointed as 10 follows: 11 a. The chairperson of the temporary state commission of correction 12 established pursuant to section one of this act and the executive direc- 13 tor of the independent agency which conducts and coordinates the 14 protection and advocacy and client assistance programs, as established 15 pursuant to subdivision (b) of section 558 of the executive law and 16 federal law, or their representatives; 17 b. Nine members to be appointed as follows: three shall be appointed 18 by the governor; two shall be appointed by the temporary president of 19 the senate and one by the minority leader of the senate; and two shall 20 be appointed by the speaker of the assembly and one by the minority 21 leader of the assembly. Of the three members appointed by the governor, 22 none shall be an elected official or current employee of a local correc- 23 tional 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. LBD07372-01-5 
 S. 5823 2 1 of the commission must reside in counties under the purview of this 2 commission. Vacancies in the appointed membership of the commission 3 shall be filled in the manner provided for original appointments. 4 c. Membership on the commission shall not constitute a public office. 5 The governor shall appoint the chair of the commission. 6 § 3. The members of the commission shall receive no compensation for 7 their services, but shall be allowed their actual and necessary expenses 8 incurred in the performance of their duties pursuant to this act. 9 § 4. The members of the commission shall be given unrestricted access 10 to all local correctional facilities in the state, including the ability 11 to conduct confidential interviews of incarcerated individuals and 12 employees of such facilities and to receive unredacted copies of any 13 documents maintained by such facilities, although documents that are 14 confidential under state or federal law may not be disclosed to individ- 15 uals or organizations otherwise unauthorized to obtain such documents by 16 the commission or its members. The commission shall also hold at least 17 one public hearing in each of the cities of Albany, Buffalo, Platts- 18 burgh, Poughkeepsie, Rochester, Syracuse and Utica, and shall have all 19 the powers of a legislative committee pursuant to the legislative law. 20 § 5. The commission shall issue periodic reports, no less than annual- 21 ly, of its findings and publish a final report of its findings and make 22 any recommendations it may deem necessary and appropriate to the gover- 23 nor, the temporary president of the senate, the speaker of the assembly, 24 the chairperson of the senate crime victims, crime and correction 25 committee, and the chairperson of the assembly committee on correction 26 no later than three years after the effective date of this act. The 27 report shall also make recommendations for needed regulatory changes to 28 the chairperson of the state commission of correction. 29 § 6. This act shall take effect immediately and shall expire and be 30 deemed repealed 3 years after such date.