S 8415: Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 8415 A. 8871 2025-2026 Regular Sessions  SENATE - ASSEMBLY June 9, 2025 ___________ IN SENATE -- Introduced by Sen. SALAZAR -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. DILAN -- read once and referred to the Committee on Ways and Means AN ACT to amend the correction law, in relation to requiring the disclo- sure of video footage related to the death of an incarcerated individ- ual involving a correctional officer (Part A); to amend the correction law, in relation to requiring institutions and local correctional facilities to adhere to certain camera footage, recording and investi- gation standards (Part B); to amend the correction law, in relation to providing notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community super- vision (Part C); directing the state commission of correction to conduct a comprehensive study on deaths in state correctional facili- ties within New York state (Part D); to amend the county law, in relation to requiring autopsy reports to include photographs, micro- scopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); to amend the executive law and the county law, in relation to conflicts within the office of special investigation (Part F); to amend the correction law, in relation to reports on data collected from the office of special investigations (Part G); to amend the correction law, in relation to the membership of the state commission of correction (Part H); to amend the correction law, in relation to correctional facility visits by the correctional association (Part I); and to amend the civil practice law and rules, the general municipal law and the court of claims act, in relation to the tolling of statute of limitations for individuals in state custody (Part J) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13360-02-5 
 S. 8415 2 A. 8871 1 Section 1. This act enacts into law components of legislation neces- 2 sary to implement an omnibus bill related to correctional services in 3 the state of New York. Each component is wholly contained within a Part 4 identified as Parts A through J. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. Legislative intent. The legislature finds and declares that 14 transparency and accountability in correctional facilities are essential 15 to maintaining public trust. This act seeks to promote accountability 16 and deter misconduct by requiring the timely disclosure of video footage 17 related to the death of incarcerated individuals involving correctional 18 officers to the attorney general's office of special investigation. 19 § 2. The correction law is amended by adding a new section 22-b to 20 read as follows: 21 § 22-b. Disclosure of video footage related to the death of incarcer- 22 ated individuals involving correctional officers. 1. Definition. As 23 used in this section the term "video footage" shall include, but not be 24 limited to, recordings from fixed or stationary cameras, body-worn 25 cameras, handheld devices, or any other recording equipment maintained 26 or used by correctional staff within an institution or correctional 27 facility. 28 2. Duty to disclose. The department shall disclose to the attorney 29 general's office of special investigation any video footage that such 30 office deems to be related to the death of an incarcerated individual. 31 This shall include any case in which the attorney general's office of 32 special investigation determines the death involves a correctional offi- 33 cer. 34 3. Timeframe for disclosure. Such video footage shall be disclosed 35 within seventy-two hours of the occurrence of the death. 36 4. Redactions and exceptions. (a) No redactions shall be made to the 37 video footage before it is disclosed to the attorney general's office of 38 special investigation. The attorney general's office of special investi- 39 gation shall maintain the confidentiality of all video footage and will 40 determine redactions pursuant to its published video release policy. 41 (b) Disclosure may be delayed only if the attorney general's office of 42 special investigation certifies that such disclosure would compromise an 43 ongoing criminal investigation or prosecution. Such delay shall not 44 exceed ninety days without additional certification. 45 § 3. The correction law is amended by adding a new section 500-q to 46 read as follows: 47 § 500-q. Disclosure of video footage related to the death of incarcer- 48 ated individuals involving correctional officers. 1. Definition. As 49 used in this section, "video footage" shall include, but not be limited 50 to, recordings from fixed or stationary cameras, body-worn cameras, 51 handheld devices, or any other recording equipment maintained or used 52 by correctional staff within a local correctional facility. 53 2. Duty to disclose. Any local correctional facility shall disclose to 54 the attorney general's office of special investigation any video 
 S. 8415 3 A. 8871 1 footage that such office deems to be related to the death of an incar- 2 cerated individual. This shall include any case in which the attor- 3 ney general's office of special investigation determines the death 4 involves a correctional officer. 5 3. Timeframe for disclosure. Such video footage shall be disclosed 6 within seventy-two hours of the occurrence of the death. 7 4. Redactions and exceptions. (a) No redactions shall be made to the 8 video footage before it is disclosed to the attorney general's office of 9 special investigation. The attorney general's office of special investi- 10 gation shall maintain the confidentiality of all video footage and will 11 determine redactions pursuant to its published video release policy. 12 (b) Disclosure may be delayed only if the attorney general's office of 13 special investigation certifies that such disclosure would compromise an 14 ongoing criminal investigation or prosecution. Such delay shall not 15 exceed ninety days without additional certification. 16 § 4. This act shall take effect immediately. 17 PART B 18 Section 1. The correction law is amended by adding a new section 628 19 to read as follows: 20 § 628. Surveillance, recording, and investigations. 1. Definitions. 21 For the purposes of this section, the following terms shall have the 22 following meanings: 23 (a) "Covered facility" means any institution or correctional facility. 24 (b) "Recording request" means a formal request for access to fixed or 25 stationary camera footage made by legal representatives, prosecutors, 26 defendants, or their counsel, relevant to any investigation or legal 27 proceeding involving a covered facility. 28 (c) "Blind spot" means any area, regardless of size, within a correc- 29 tional facility that is not under continuous twenty-four-hour surveil- 30 lance by fixed, stationary, or repositionable cameras, and shall include 31 areas that contain an object that obstructs the view of such cameras, 32 poorly lit areas, areas subject to video distortion or glare, or any 33 area otherwise inadequately covered such that ingress, egress or any 34 other activity occurring in such area, cannot be clearly or reliably 35 detected or recorded. 36 2. Comprehensive camera coverage. (a) All covered facilities in the 37 state shall be required to install, operate, and maintain fixed or 38 stationary cameras sufficient to capture the activities and movement of 39 all persons within each such covered facilities, with the exception of 40 the interior of cells, showers, and toilet areas. For each area in which 41 there is not fixed or stationary camera coverage of the interior of such 42 area, cameras shall be installed, operated, and maintained which capture 43 the ingress and egress of such areas. 44 (b) Fixed or stationary cameras installed in covered facilities shall 45 capture both audio and visual footage. 46 (c) Each covered facility shall ensure that all fixed or stationary 47 cameras capture a clear visual of the activities within such covered 48 facility. The superintendent or warden or their designee shall perform 49 regular assessments and improvements to fixed or stationary camera 50 placement and functionality to ensure complete coverage. If at any time, 51 the superintendent or warden or their designee becomes aware of any 52 non-functioning fixed or stationary cameras, or any blind spot, such 53 issues shall be documented, investigated and actions shall be taken to 
 S. 8415 4 A. 8871 1 remedy the problems that led to incomplete camera coverage or unavail- 2 able camera footage. 3 (d) Fixed or stationary cameras in covered facilities shall operate 4 continuously for twenty-four hours a day. 5 3. Retention. All fixed or stationary camera footage captured under 6 this section shall be preserved for a minimum of one year. If there is 7 an allegation or report of any staff misconduct or rule violation, such 8 footage from the time period of such incident shall be preserved for a 9 minimum of five years. 10 4. Access to recordings. (a) Fixed or stationary camera footage from 11 covered facilities under this section shall be provided upon request if 12 such request is accompanied by a valid subpoena or a court order issued 13 by a court of competent jurisdiction. 14 (b) Fixed or stationary camera footage relevant to any complaint, 15 investigation, or legal proceeding shall be preserved for a minimum of 16 five years from the date of such complaint or incident. 17 5. Enforcement. The office of the inspector general shall determine 18 whether any enforcement actions are warranted for failure to install or 19 maintain adequate fixed or stationary camera coverage, including the 20 recommendation of monetary penalties or corrective actions. 21 6. Accountability and review. (a) The office of the state inspector 22 general shall conduct annual audits of covered facilities to ensure 23 compliance with this section. The findings of such audits shall be made 24 available to the public through an annual report. 25 (b) The commissioner shall make an annual report to the speaker of the 26 assembly, the temporary president of the senate, and the governor of all 27 the incidents documented, investigated, and all of the actions taken 28 pursuant to subdivision two of this section beginning one year after the 29 effective date of this section. 30 § 2. This act shall take effect one year after it shall have become a 31 law. Effective immediately, the addition, amendment and/or repeal of any 32 rule or regulation necessary for the implementation of this act on its 33 effective date are authorized to be made and completed on or before such 34 effective date. 35 PART C 36 Section 1. Section 624 of the correction law, as amended by chapter 37 322 of the laws of 2021, is amended to read as follows: 38 § 624. Next of kin; death of incarcerated individual. 1. (a) The 39 department shall [be responsive to inquiries from] promptly notify the 40 next of kin and any other person designated as the representative of any 41 incarcerated individual whose death takes place during custody [regard- 42 ing]. 43 (b) The department shall promptly notify the next of kin and any other 44 person designated as a representative of the circumstances surrounding 45 the death of such incarcerated individual, the medical procedures used 46 and the cause of death including preliminary determinations and final 47 determination as reported by an autopsy report as such information 48 becomes available. 49 (c) The next of kin and other person designated as a representative 50 shall be identified from the emergency contact information previously 51 provided by the incarcerated individual to the department. 52 2. Within twenty-four hours after the next of kin and any other person 53 designated as a representative has been notified of such death, the 
 S. 8415 5 A. 8871 1 department shall publish public notice of such death on the department's 2 website. 3 § 2. This act shall take effect immediately. 4 PART D 5 Section 1. The state commission of correction shall conduct a compre- 6 hensive study on deaths in correctional facilities of the department of 7 corrections and community supervision to provide data-driven insights 8 and recommendations to improve prison conditions, healthcare, and poli- 9 cies to prevent future tragedies. Such study shall: 10 1. Determine the number and causes of deaths in New York state correc- 11 tional facilities over the past decade; 12 2. Assess the adequacy of the mental health services and medical 13 services within correctional facilities of the department of corrections 14 and community supervision; 15 3. Identify any patterns or trends in the data that may indicate 16 systemic issues or areas needing improvement; 17 4. Evaluate the effectiveness of existing policies and procedures in 18 preventing deaths in custody; and 19 5. Recommend measures to improve the health and safety of incarcerated 20 individuals. 21 § 2. Within one year of the effective date of this act, the state 22 commission of correction shall issue a report of the findings of the 23 study to the governor, the temporary president of the senate and the 24 speaker of the assembly. 25 § 3. This act shall take effect immediately. 26 PART E 27 Section 1. This act shall be known and may be cited as the "Terry 28 Cooper autopsy accountability act". 29 § 2. Subdivision 5 of section 674 of the county law, as amended by 30 chapter 322 of the laws of 2021, is amended to read as follows: 31 5. Notwithstanding section six hundred seventy of this article or any 32 other provision of law, the coroner, coroner's physician or medical 33 examiner shall promptly perform or cause to be performed an autopsy and 34 to prepare an autopsy report which shall include a toxicological report 35 and any report of any examination or inquiry with respect to any death 36 occurring within [his or her] such coroner's, coroner's physician's or 37 medical examiner's county to an incarcerated individual of a correction- 38 al facility as defined by subdivision three of section forty of the 39 correction law, whether or not the death occurred inside such facility. 40 For the purposes of this subdivision, in addition to anything else 41 required by law, an autopsy report shall include all photographs of the 42 body, microscopic slides, and post-mortem x-rays taken by or at the 43 direction of the person performing the autopsy, and all photographs, 44 microscopic slides, and post-mortem x-rays reviewed by the person 45 performing the autopsy in the course of their examination or in the 46 course of their diagnosis of the cause of death and the means or manner 47 of death. 48 § 3. Subdivision 6 of section 677 of the county law, as amended by 49 chapter 322 of the laws of 2021, is amended to read as follows: 50 6. Notwithstanding section six hundred seventy of this article or any 51 other provision of law, the coroner, coroner's physician or medical 52 examiner shall promptly provide the [chairman] chairperson of the 
 S. 8415 6 A. 8871 1 correction medical review board and the commissioner of corrections and 2 community supervision with copies of any autopsy report, toxicological 3 report or any report of any examination or inquiry prepared with respect 4 to any death occurring to an incarcerated individual of a correctional 5 facility as defined by subdivision three of section forty of the 6 correction law within [his or her] their county; and shall promptly 7 provide the executive director of the justice center for the protection 8 of people with special needs with copies of any autopsy report, toxicol- 9 ogy report or any report of any examination or inquiry prepared with 10 respect to the death of any service recipient occurring while [he or 11 she] such person was a resident in any facility operated, licensed or 12 certified by any agency within the department of mental hygiene, the 13 office of children and family services, the department of health or the 14 state education department. If the toxicological report is prepared 15 pursuant to any agreement or contract with any person, partnership, 16 corporation or governmental agency with the coroner or medical examiner, 17 such report shall be promptly provided to the [chairman] chairperson of 18 the correction medical review board, the commissioner of corrections and 19 community supervision or the executive director of the justice center 20 for people with special needs, as appropriate, by such person, partner- 21 ship, corporation or governmental agency. For the purposes of this 22 subdivision, in addition to anything else required by law, an autopsy 23 report shall include all photographs of the body, microscopic slides, 24 and post-mortem x-rays taken by or at the direction of the person 25 performing the autopsy, and all photographs, microscopic slides, and 26 post-mortem x-rays reviewed by the person performing the autopsy in the 27 course of their examination or in the course of their diagnosis of the 28 cause of death and the means or manner of death. 29 § 4. This act shall take effect on the ninetieth day after it shall 30 have become a law and shall apply to all autopsies conducted on or after 31 such date. 32 PART F 33 Section 1. Legislative intent and findings. The legislature vested 34 the Office of the Attorney General with important statutory duties under 35 section 17 of the public officers law, to provide for the defense of 36 state employees in civil actions arising from their public employment, 37 and section 70-b of the executive law, to investigate and, where appro- 38 priate, prosecute the deaths of individuals involving police officers or 39 peace officers. There are circumstances where the Attorney General's 40 duties under these two laws could conflict. It is the objective of the 41 legislature that the Attorney General carries out its duties under both 42 laws and does so in a manner that is consistent with the rules of 43 professional conduct. To that end, this legislation will ensure that the 44 Office of the Attorney General puts in place appropriate protocols and 45 procedures to fulfill its statutory obligations under section 17 of the 46 public officers law and section 70-b of the executive law while also 47 meeting the standards of the rules of professional conduct. This legis- 48 lation also recognizes the unique challenges that the Attorney General 49 faces when a conflict arises in a matter involving section 70-b of the 50 executive law and adapts the process already used by District Attorneys, 51 and at times the Attorney General, authorizing the courts to appoint a 52 special district attorney to act in place of the Attorney General where 53 they may be disqualified from a matter. 
 S. 8415 7 A. 8871 1 § 2. Section 70-b of the executive law is amended by adding a new 2 subdivision 8 to read as follows: 3 8. (a) Notwithstanding any other provision of law, rule or regulation 4 to the contrary, in a matter in which the attorney general's authority 5 established under this section conflicts, or has a reasonable risk of 6 conflicting, with the attorney general's representation of state employ- 7 ees in civil litigation under section seventeen of the public officers 8 law, the attorney general may designate a deputy attorney general or 9 assistant attorney general, including any person designated under subdi- 10 vision five of this section, as provided by section nine of the public 11 officers law, to act as attorney general for that matter in the attorney 12 general's stead. 13 (b) Notwithstanding any other provision of law, rule or regulation to 14 the contrary, the attorney general shall establish through rules and 15 regulations, processes and procedures for screening (i) the person so 16 designated pursuant to paragraph (a) of this subdivision, and the entire 17 prosecution team, from records, communication, and information related 18 to the civil defense of a police officer or peace officer as defined in 19 subdivision one of this section, and (ii) persons involved in the civil 20 defense of a police officer or peace officer as defined in subdivision 21 one of this section from records, communication, and information related 22 to the investigation and, where appropriate, prosecution of state peace 23 or police officers under this section. The rules and regulations estab- 24 lishing screens shall be sufficient to satisfy the rules of professional 25 conduct regarding conflicts and to protect the rights of state peace and 26 police officers who are the subject of an investigation or prosecution 27 under this section by ensuring that the individuals conducting or other- 28 wise involved in such investigation or prosecution do not have access to 29 any confidential information obtained in the course of the office's 30 civil defense of state employees. 31 § 3. Section 701 of the county law is amended by adding a new subdivi- 32 sion 6 to read as follows: 33 6. (a) This subdivision shall apply to the attorney general in any 34 circumstance where the attorney general acts in place of a district 35 attorney. Nothing in this subdivision shall invalidate a court appoint- 36 ment of a district attorney or other attorney made prior to the effec- 37 tive date of this subdivision to serve in the place of the attorney 38 general on a particular matter under any other subdivision of this 39 section. 40 (b) Notwithstanding any other provision of law to the contrary, when- 41 ever the attorney general and such assistants as the attorney general 42 may have, is disqualified from acting in a particular matter to 43 discharge their duties at a term of any court, a superior criminal court 44 in the county wherein the action is triable may upon articulable reasons 45 set forth by the attorney general for such appointment, by order: 46 (i) appoint some attorney at law having relevant experience and exper- 47 tise, without regard to judicial department or other geographic limita- 48 tions within the state, to act as special district attorney during the 49 disqualification of the attorney general and such assistants as they may 50 have; or 51 (ii) appoint a district attorney of any county to act as special 52 district attorney, provided such district attorney agrees to accept 53 appointment by such criminal court during such disqualification of the 54 attorney general and such assistants as they may have. 55 (c) The special district attorney so appointed shall possess the 56 powers and discharge the duties of the attorney general during the peri- 
 S. 8415 8 A. 8871 1 od, or for the duration of the matter, for which they shall be 2 appointed. 3 (d) Where a special district attorney is appointed under this subdivi- 4 sion, the special district attorney may direct the exercise of such 5 powers and the performance of such duties by any assistant or other 6 staff in their office to assist such special district attorney to the 7 same extent permitted by law. 8 (e) Any special district attorney appointed under this subdivision for 9 a matter arising out of the attorney general's authority under section 10 seventy-b of the executive law shall be responsible for the public 11 report required by subdivision six of such section. 12 (f) Where a special district attorney is appointed under this subdivi- 13 sion, the department of budget, after having been notified and provided 14 with an opportunity to be heard, shall pay the necessary disbursements 15 of, and a reasonable compensation for, the services of the person so 16 appointed and acting, as certified by the presiding judge or justice. 17 § 4. Severability. If any clause, sentence, paragraph, subdivision, 18 section or part of this act shall be adjudged by any court of competent 19 jurisdiction to be invalid, such judgment shall not affect, impair, or 20 invalidate the remainder thereof, but shall be confined in its operation 21 to the clause, sentence, paragraph, subdivision, section or part thereof 22 directly involved in the controversy in which such judgment shall have 23 been rendered. It is hereby declared to be the intent of the legislature 24 that this act would have been enacted even if such invalid provisions 25 had not been included herein. 26 § 5. This act shall take effect immediately; provided, however, that 27 section two of this act shall take effect on the sixtieth day after it 28 shall have become a law; and provided further, however, that the attor- 29 ney general shall be authorized to establish through executive order 30 or other formal action within the office, processes and procedures for 31 screenings required by paragraph (b) of subdivision 8 of section 70-b of 32 the executive law, as added by section two of this act, until such time 33 as the attorney general is prepared to promulgate such rules and regu- 34 lations as are necessary pursuant to such paragraph (b) of subdivision 8 35 of section 70-b of the executive law. 36 PART G 37 Section 1. Section 112 of the correction law is amended by adding a 38 new subdivision 7 to read as follows: 39 7. (a) The commissioner shall collect data from the office of special 40 investigations established by the department and report quarterly to the 41 speaker of the assembly, the temporary president of the senate, and the 42 governor regarding complaints received the previous quarter by the 43 office. For the report period, such data and report shall include, but 44 not be limited to: 45 (i) the number of confirmed and unconfirmed complaints received by the 46 office of special investigations categorized by facility the complaint 47 originated from, complaint type or allegation, subject of the complaint 48 (i.e. incarcerated individual, security staff, civilian staff, or 49 other), and how the complaint was received by the office; 50 (ii) the total number of complaints: assigned for an investigation by 51 the office of special investigations; assigned to each division or unit 52 within the office of special investigations; referred to the appropriate 53 central office division head; referred to a facility superintendent or 54 community supervision bureau chief for investigation; referred to a 
 S. 8415 9 A. 8871 1 facility superintendent or community supervision bureau chief for other 2 appropriate action; and referred to a state, local, or federal agency 3 with jurisdiction. Such data shall include the facility the complaint 4 originated from and the complaint type or allegation; 5 (iii) the total number of investigations closed by each office of 6 special investigations unit or division within the reporting time peri- 7 od; 8 (iv) the total number of referrals for criminal prosecution. Such data 9 shall include the facility the complaint originated from, the complaint 10 type or allegation, and the subject of the complaint (i.e. incarcerated 11 individual, security staff, civilian staff, or other); 12 (v) the total number of referrals to the department's bureau of labor 13 relations for consideration of employee disciplinary charges including 14 which facility the referral originated from; and 15 (vi) office of special investigations staffing data including the 16 total number of staff, position type, and number of open positions. 17 (b) The commissioner shall report annually the average length of time 18 to close an investigation by the office of special investigation by 19 division for each correctional facility and any recommendations made by 20 the office of special investigations to the relevant departmental 21 program areas for consideration of a revision to a policy or procedure. 22 Such report shall categorize such recommendations by facility, the 23 nature of the recommendation, and any action taken in response to the 24 recommendation. 25 § 2. This act shall take effect immediately. 26 PART H 27 Section 1. Section 41 of the correction law, as added by chapter 865 28 of the laws of 1975, is amended to read as follows: 29 § 41. State commission of correction; organization. 1. (a) There shall 30 be within the executive department a state commission of correction. It 31 shall consist of [three] nine persons [to be], three of whom shall be 32 appointed by the governor[, by and with the advice and consent of the 33 senate], two of whom shall be appointed by the speaker of the assembly, 34 two of whom shall be appointed by the temporary president of the senate, 35 and two of whom shall be appointed by the correctional association. 36 (b) The members appointed shall include, but not be limited to, at 37 least one of each of the following: 38 (i) a person formerly incarcerated in a correctional facility located 39 in New York; 40 (ii) a public health professional; 41 (iii) a behavioral healthcare professional; 42 (iv) an attorney duly licensed to practice in this state who has a 43 professional background in indigent criminal defense services or prison- 44 er's rights litigation; and 45 (v) a professional in any other field deemed useful for the promotion 46 of an efficient, humane, and lawful correctional system. 47 (c) The [governor] members of the commission shall annually designate 48 one of the appointed members as [chairman] chairperson to serve [as 49 such] at [the] such members of the commission's pleasure [of the gover- 50 nor]. The members shall devote full time to their duties and shall hold 51 no other salaried public position. 52 2. The members shall hold office for terms of five years; provided 53 that [of] the [three members first appointed, one shall serve for a term 54 of two years, one shall serve for a term of three years and one shall 
 S. 8415 10 A. 8871 1 serve for a term of five years from January first next succeeding their 2 appointment] first two members appointed by the speaker of the assembly 3 shall serve for a term of two years; the first two members appointed by 4 the temporary president of the senate shall serve for a term of three 5 years; and the first two members appointed by the correctional associ- 6 ation shall serve for a term of four years. No member shall serve for 7 more than ten years. Any member of the commission may be removed by the 8 [governor] appointing authority who nominated the member for cause after 9 an opportunity to be heard in [his] such member's defense. 10 3. Any member chosen to fill a vacancy created other than by expira- 11 tion of term shall be appointed for the unexpired term of the member 12 whom [he] such new member is to succeed. Vacancies caused by expiration 13 of term or otherwise shall be filled in the same manner as original 14 appointments. 15 § 2. Subdivision 1 of section 41 of the correction law, as amended by 16 section 1 of part HH of chapter 55 of the laws of 2025, is amended to 17 read as follows: 18 1. (a) There shall be within the executive department a state commis- 19 sion of correction. It shall consist of [three] nine persons [to be], 20 three of whom shall be appointed by the governor[, by and with the 21 advice and consent of the senate], two of whom shall be appointed by the 22 speaker of the assembly, two of whom shall be appointed by the temporary 23 president of the senate, and two of whom shall be appointed by the 24 correctional association. 25 (b) The members appointed shall include, but not be limited to, at 26 least one of each of the following: 27 (i) a person formerly incarcerated in a correctional facility located 28 in New York; 29 (ii) a public health professional; 30 (iii) a behavioral healthcare professional; 31 (iv) an attorney duly licensed to practice in this state who has a 32 professional background in indigent criminal defense services or prison- 33 er's rights litigation; and 34 (v) a professional in any other field deemed useful for the promotion 35 of an efficient, humane, and lawful correctional system. 36 (c) The [governor] members of the commission shall annually designate 37 one of the appointed members as [chair] chairperson to serve [as such] 38 at [the] such members of the commission's pleasure [of the governor]. 39 The members shall devote full time to their duties and shall hold no 40 other salaried public position. 41 § 3. This act shall take effect immediately; provided, however, that 42 if section 1 of part HH of chapter 55 of the laws of 2025 shall not have 43 taken effect on or before such date then section two of this act shall 44 take effect on the same date and in the same manner as such part of such 45 chapter of the laws of 2025 takes effect. 46 PART I 47 Section 1. Legislative findings. Founded in 1844 by concerned citizens 48 of the state and deputized by the state to provide independent monitor- 49 ing and oversight of the state's prisons in 1846, the Correctional Asso- 50 ciation of New York is one of the first organizations in the country 51 created to administer civilian oversight of prisons to ensure greater 52 transparency of correctional institutions in the state. The Correctional 53 Association of New York's on-site access to the state's prisons and to 54 information on state prisons is critical for the organization to provide 
 S. 8415 11 A. 8871 1 insight into the policies and procedures of the state's prisons through 2 its monitoring and reporting on prison conditions, policies, and proce- 3 dures for the executive, legislature, and public, playing an important 4 role in informing debates on correctional reform and incarcerated indi- 5 viduals' rights. 6 § 2. Subdivision 3 of section 146 of the correction law, as amended by 7 chapter 32 of the laws of 2021, paragraph b as amended by chapter 486 of 8 the laws of 2022, is amended to read as follows: 9 3. a. Notwithstanding any other provision of law to the contrary, the 10 correctional association shall be permitted to access, visit, inspect, 11 and examine all state correctional facilities with [seventy-two] twen- 12 ty-four hours advance notice to the department. Up to twelve people may 13 comprise the visiting party; provided, however, that only four people 14 from the party may enter a special housing facility or unit at the same 15 time. Prior to the visitation authorized pursuant to this subdivision, 16 the correctional association shall provide to the department on, at 17 least, an annual basis a list of people who will be visiting the facili- 18 ty or facilities, including names, dates of birth, driver's license 19 numbers and their designation as an employee, board member, or designee 20 in order for the department to perform prompt background checks. The 21 department may not place restrictions on such visits and inspections, 22 including during periods when a facility is locked down or experiencing 23 a facility wide emergency[. In addition, the department may]; provided, 24 however, that the department may restrict access to a portion of a 25 facility in an emergency situation for the duration of the emergency. 26 For the purpose of this subdivision, an emergency shall be determined by 27 the commissioner or [his or her] the commissioner's designee and defined 28 as a significant risk to the safety or security of the facility, or the 29 health, safety or security of staff or incarcerated individuals, or an 30 event that significantly compromises the operations of the facility. 31 b. [Upon twenty-four hours advance notice, at] At the commencement and 32 conclusion of any visits to, or inspections and examinations of, state 33 correctional facilities, the superintendent and executive team, to the 34 extent practicable and upon request by the correctional association, 35 shall meet with the correctional association. [Upon twenty-four hours 36 advance notice, the] Privately without representatives of the central 37 office present, representatives of the office of mental health and any 38 other entities or agencies providing services in a facility shall meet 39 with the correctional association, upon the correctional association's 40 request during the course of any visit. The correctional association may 41 meet privately with the incarcerated individual liaison committee and 42 representatives of the incarcerated individual grievance resolution 43 committee or any other organization of incarcerated individuals recog- 44 nized by the department. 45 c. During the course of any such visit, inspection or examination, and 46 upon consent of the person being interviewed, the correctional associ- 47 ation shall have the power to interview and converse publicly or confi- 48 dentially with any correctional employee or administrator, any incarcer- 49 ated individual, and any other person providing, supervising, or 50 monitoring services in a correctional facility, whether or not employed 51 by such facility. Such interviews shall not be restricted by the depart- 52 ment or the office of mental health or any other agency or attended by 53 anyone on behalf of the department or the office of mental health or any 54 other agency, nor shall there be any retaliation or adverse action taken 55 by the department or other state agency against [any incarcerated indi- 56 vidual] anyone who [agrees to speak] speaks with the correctional asso- 
 S. 8415 12 A. 8871 1 ciation. The department may not limit the number of individuals the 2 correctional association may interview or the duration of the inter- 3 views, in any manner unreasonable under the circumstances. The correc- 4 tional association shall have the power to conduct private, confidential 5 meetings reasonable in number under [the] a facility's immediate circum- 6 stances at their pleasure and without notice to the department with 7 incarcerated [people] individuals in housing units and in attorney 8 visiting rooms or other rooms in the facility in which their conversa- 9 tions will remain confidential. No department employee may attend or 10 listen to any such meeting without the consent of the correctional asso- 11 ciation. 12 d. The correctional association may request and receive from the 13 department information and data as will enable the correctional associ- 14 ation to carry out its functions, powers and duties. 15 The correctional association shall have access to the following infor- 16 mation and records on a quarterly basis: 17 (i) individuals admitted into custody, which shall contain, at mini- 18 mum, individual-level records of all individuals admitted to custody, 19 including the individual's department ID, demographic information, 20 admission type, reception facility name and housing unit, reception 21 date, sentencing, and crime information; 22 (ii) individuals under custody, which shall contain, at minimum, indi- 23 vidual-level records of all individuals presently under custody, includ- 24 ing the individual's department ID, demographic information, current 25 facility name and housing unit, date of original and latest reception at 26 the facility, out counts, sentencing and crime information, and parole 27 eligibility and relevant dates; 28 (iii) individuals released from custody, which shall contain, at mini- 29 mum, individual-level records of all individuals released from custody, 30 including the individual's department ID, demographic information, 31 releasing facility name and housing unit, release date, release county, 32 sentencing and crime information, and parole eligibility and relevant 33 dates; 34 (iv) individuals on parole, which shall contain, at minimum, individu- 35 al-level records of all individuals on parole, including the individ- 36 ual's department ID, demographic information, discharging facility name 37 and housing unit, start and release date, sentencing and crime informa- 38 tion, custody status, and voting pardon status; 39 (v) programming, education, vocational, and work assignment require- 40 ments, enrollment, and fulfillment, which shall contain, at minimum, 41 individual-level records of all individuals under custody, including the 42 individual's department ID, programs mandated by the department, and 43 indicators of whether the individual is not enrolled, is on the wait- 44 list, or has already completed any such requirement; 45 (vi) departmental staffing levels, which shall contain, at minimum, 46 facility-level records of budgeted fill level, recommended staffing 47 level, and actual filled items split by job category, including aggre- 48 gate data on staff on leave, and on the average of daily closed posts 49 for each quarter; 50 (vii) deaths, which shall contain, at minimum, individual-level 51 records of all individuals who died while under custody, including the 52 individual's department ID, date and time of death, date of report, 53 demographic information, facility name and housing unit at time of 54 death, location of terminal incident, reported immediate cause of death, 55 and an indicator of whether an autopsy was performed; 
 S. 8415 13 A. 8871 1 (viii) unusual incidents, which shall contain, at minimum, report-lev- 2 el information for all unusual incidents, as defined by the department 3 at the current time, including the incident code, the name and code of 4 the facility where the incident took place, the date and time of the 5 incident, the location within the facility, the name and code of the 6 categories and subcategories indicated in the report, the roles of all 7 individuals involved in the report (including incarcerated and nonincar- 8 cerated individuals), the weapons used by each individual, if applica- 9 ble, the type of force applied by department staff on each individual, 10 if applicable, and the degree of injury to staff and incarcerated indi- 11 viduals; 12 (ix) disciplinary charges and penalties, which shall contain, at mini- 13 mum, charge-level information for all disciplinary incidents, including: 14 the incarcerated individual's department ID and facility name; the 15 location, date, and time of the incident; the tier, code, and 16 description of each charge; the date of the hearing; and the outcome and 17 penalty associated with each charge; and 18 (x) grievances and appeals, which shall contain, at minimum, griev- 19 ance-level information for all grievances filed with the department, 20 including those resolved informally, including: the incarcerated indi- 21 vidual's department ID; ID, date filed, category, type, and facility of 22 the grievance; and the outcomes and outcome dates for all reviews, 23 including those by the incarcerated grievance resolution committee, 24 superintendent, and central office review committee. 25 e. The correctional association shall periodically, but not less than 26 every five years, conduct inspections of each state correctional facili- 27 ty, prioritized based on the correctional association's assessment of 28 systemic issues, and [shall] issue reports and recommendations to the 29 governor, the legislature and the public about the conditions and issues 30 at [each such facility] correctional facilities. When preparing such 31 formal reports and recommendations, the correctional association shall 32 submit a tentative copy of such report and recommendations to the 33 commissioner. The commissioner may submit a written response to such 34 tentative report within sixty days of the receipt thereof, including a 35 plan of action for addressing the findings and recommendations. When the 36 correctional association thereafter submits its final report and recom- 37 mendations, it shall contain a complete copy of the response, if any, 38 submitted to the tentative report and recommendations. 39 [e.] f. The correctional association may send written and/or electron- 40 ic surveys or questionnaires to people in custody or employees concern- 41 ing conditions of confinement, working conditions, or other subjects 42 within the scope of their mission without prior approval of the depart- 43 ment. People incarcerated shall be permitted to confidentially complete 44 and return to the correctional association such surveys either in writ- 45 ten format or electronically. The correctional association may also 46 receive free confidential phone calls and emails from incarcerated indi- 47 viduals and/or set up a confidential hotline for individuals to use if 48 they choose to contact them. Physical mail received and sent to the 49 correctional association is defined as privileged correspondence, and 50 any and all processing controls, allowances for limited free postage, 51 and advances of incarcerated individual funds for postage shall apply to 52 privileged correspondence received and sent to the correctional associ- 53 ation. For the purposes of this section, identical incoming blank 54 surveys and questionnaires shall not be defined as privileged corre- 55 spondence. 
 S. 8415 14 A. 8871 1 [f.] g. The access, visits, and inspection of state correctional 2 facilities by the correctional association pursuant to this subdivision 3 shall be undertaken solely in furtherance of the correctional associ- 4 ation's lawful powers, duties and obligations, and information obtained 5 pursuant to these powers shall be used solely in furtherance of the 6 correctional association's mission. Employees, board members and desig- 7 nees shall be required to sign [a waiver] an acknowledgement of the 8 foregoing as a condition of entry into a correctional facility pursuant 9 to this subdivision. 10 § 3. This act shall take effect immediately. 11 PART J 12 Section 1. The civil practice law and rules is amended by adding a new 13 section 208-a to read as follows: 14 § 208-a. In custody at time of cause of action. Notwithstanding any 15 provisions of law that impose a period of limitation to the contrary or 16 any provisions of any other law pertaining to the filing of a notice of 17 claim or a notice of intention to file a claim as a condition precedent 18 to commencement of an action or special proceeding, with respect to all 19 civil claims or causes of action brought by any person to recover 20 damages for physical, psychological, or other injury or condition 21 suffered while under the jurisdiction and in the care and custody or 22 supervision of: the state department of corrections and community super- 23 vision, except a person under community supervision as defined in subdi- 24 vision thirty-one of section two of the correction law, a hospital as 25 defined in subdivision two of section four hundred of the correction 26 law, a correctional facility as defined in subdivision three of section 27 forty of the correction law, a local correctional facility as defined in 28 subdivision two of section forty of the correction law, or an alternate 29 correctional facility as defined in subdivision one of section eighty- 30 seven of the correction law, the time in which such action must commence 31 shall be extended to three years after such person is released from such 32 custody. 33 § 2. Subdivision 8 of section 50-e of the general municipal law is 34 amended by adding a new paragraph (c) to read as follows: 35 (c) Notwithstanding any provision of law to the contrary, this section 36 shall not apply to any civil claims or causes of action brought by any 37 person to recover damages for physical, psychological, or other injury 38 or condition suffered while in custody pursuant to section two hundred 39 eight-a of the civil practice law and rules. 40 § 3. Section 50-i of the general municipal law is amended by adding a 41 new subdivision 6 to read as follows: 42 6. Notwithstanding any provision of law to the contrary, this section 43 shall not apply to any civil claims or causes of action brought by any 44 person to recover damages for physical, psychological, or other injury 45 or condition suffered while in custody pursuant to section two hundred 46 eight-a of the civil practice law and rules. 47 § 4. Section 10 of the court of claims act is amended by adding a new 48 subdivision 11 to read as follows: 49 11. Notwithstanding any provision of law to the contrary, this section 50 shall not apply to any civil claims or causes of action brought by any 51 person to recover damages for physical, psychological, or other injury 52 or condition suffered while in custody pursuant to section two hundred 53 eight-a of the civil practice law and rules. 
 S. 8415 15 A. 8871 1 § 5. Section 11 of the court of claims act is amended by adding a new 2 subdivision d to read as follows: 3 d. Subdivision b of this section shall not apply to a claim brought by 4 any person to recover damages for physical, psychological, or other 5 injury or condition suffered while in custody pursuant to section two 6 hundred eight-a of the civil practice law and rules. 7 § 6. This act shall take effect immediately. 8 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 § 3. This act shall take effect immediately provided, however, that 18 the applicable effective date of Parts A through J of this act shall be 19 as specifically set forth in the last section of such Parts.