New York S 5823: Creates a temporary state commission relating to local correctional facilities in upstate New York

Bill Text

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S05823 Summary:

BILL NOS05823 

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SAME ASSAME AS A03704

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SPONSORSEPULVEDA

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COSPNSRMYRIE, SALAZAR, SANDERS

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MLTSPNSR

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&nbsp

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.

Go to top S05823 Actions:

BILL NOS05823 

&nbsp

03/03/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS05823 Committee&nbspVotes:

Go to topS05823 Floor&nbspVotes:

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

Go to topS05823 Text:

 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