S 961: Requires that notice be provided to any officer or employee of the department of corrections and community supervision whose personal information is the subject of a subpoena duces tecum.
The bill aims to amend the correction law to enhance the subpoena power of the commissioner of the department of corrections and community supervision. The commissioner will have the authority to require reports from correctional facility superintendents and other officers or employees, and to issue subpoenas to compel the attendance of witnesses and the production of books, writings, and papers. The subpoenas issued under this section will be regulated by the civil practice law and rules. In addition, the bill requires that officers or employees whose personal information is the subject of a subpoena duces tecum receive written notice within five business days of the commissioner issuing the subpoena. The changes will take effect immediately.
| Jan. 07, 2026 | REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION |
| Jan. 08, 2025 | REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION |
STATE OF NEW YORK ________________________________________________________________________ 961 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. GALLIVAN, BORRELLO, HELMING, OBERACKER, PALUMBO, RHOADS -- 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 the subpoena power of the commissioner of the department of corrections and community super- vision The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 112 of the correction law, as 2 amended by section 19 of subpart A of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 3. The commissioner may require reports from the superintendent or any 5 other officer or employee of the department assigned to any correctional 6 facility or to perform community supervision in relation to [his or her] 7 conduct as such officer or employee, and shall have the power to inquire 8 into any improper conduct which may be alleged to have been committed by 9 any person at any correctional facility or in the course of [his or her] 10 performance of community supervision, and for that purpose to issue 11 subpoenas to compel the attendance of witnesses, and the production 12 before [him or her] such person of books, writings and papers. A subpoe- 13 na issued under this section shall be regulated by the civil practice 14 law and rules, provided, however, any officer or employee of the depart- 15 ment whose personal information is the subject of a subpoena duces tecum 16 shall be provided written notice of such subpoena duces tecum within 17 five business days of the commissioner issuing such subpoena. 18 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02822-01-5