New York A 5428: Establishes an ombudsperson for local correctional facilities

Bill Text

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A05428 Summary:

BILL NOA05428 

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SAME ASNo Same As

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SPONSORWoerner

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COSPNSR

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MLTSPNSR

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Amd §§42 & 146, add §49-a, Cor L

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Establishes an ombudsperson for local correctional facilities to receive, investigate and propose resolutions for complaints and grievances concerning the conditions of confinement for individuals currently or formerly incarcerated in local correctional facilities located outside of a city with a population of one million or more.

Go to top A05428 Actions:

BILL NOA05428 

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02/14/2025referred to correction

01/07/2026referred to correction

Go to topA05428 Committee&nbspVotes:

Go to topA05428 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05428 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5428

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. WOERNER -- read once and referred to the Commit-
 tee on Correction

 AN ACT to amend the correction law, in relation to establishing an
 ombudsperson for local correctional facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs 1 and 5 of subdivision (b) of section 42 of the
 2 correction law, as added by chapter 865 of the laws of 1975, are amended
 3 to read as follows:
 4 1. To investigate, review or take such other action as shall be deemed
 5 necessary or proper in consultation with the ombudsperson with respect
 6 to complaints or grievances regarding any local correctional facility or
 7 part thereof as shall be called to its attention in writing.
 8 5. To report periodically to the commission and the ombudsperson and,
 9 where appropriate, to make such recommendations as are necessary to
 10 fulfill the purposes of this article to the commission, the ombudsperson
 11 and to the administrator of any local correctional facility.
 12 § 2. Subdivision (c) of section 42 of the correction law, as added by
 13 chapter 865 of the laws of 1975, is amended to read as follows:
 14 (c) In addition to the functions, powers and duties prescribed by
 15 subdivision (b) of this section, the council shall:
 16 1. Advise and assist the commission and the ombudsperson in developing
 17 policies, plans and programs for improving the commission's performance
 18 of its duties and for coordinating the efforts of the commission and of
 19 correctional officials to improve conditions of care, treatment, safety,
 20 supervision, rehabilitation, recreation, training and education in
 21 correctional facilities;
 22 2. Foster and promote research and study in areas of correctional
 23 policy and program development deemed necessary or desirable by the
 24 commission, the ombudsperson or the council;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09191-01-5

 A. 5428 2

 1 3. Meet at least once per calendar month at a time and place desig-
 2 nated by the [chairman] chair of the council[.];
 3 4. Request that the ombudsperson make inquiries and/or conduct inves-
 4 tigations into complaints and grievances about any local correctional
 5 facility.
 6 § 3. The correction law is amended by adding a new section 49-a to
 7 read as follows:
 8 § 49-a. Ombudsperson for local correctional facilities. 1. There is
 9 hereby established the position of ombudsperson for local correctional
 10 facilities within the commission. The chair of the commission shall
 11 appoint the ombudsperson. The ombudsperson shall be an attorney licensed
 12 to practice law in the state of New York and shall be removable for
 13 cause by the governor. The ombudsperson shall have the authority to
 14 receive, investigate and propose resolutions for complaints and griev-
 15 ances concerning the conditions of confinement for individuals currently
 16 or formerly incarcerated in local correctional facilities located
 17 outside of a city with a population of one million or more.
 18 2. The ombudsperson shall have the following powers and duties:
 19 (a) Coordinate meetings and activities with the council;
 20 (b) Fully participate in the development of the policies, plans and
 21 programs of the commissi