A8871 — Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York

Summary

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).

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 5 section(s) of the New York Consolidated Laws: Section 624 of the correction law; Section 674 of the county law; Section 17 of the public officers law; Section 112 of the correction law; Section 41 of the correction law.

• Section 624 of the correction law

  be responsive to inquiries from regard- ing → 1. (a) promptly notify any . (b) The department shall promptly notify the next of kin and any other person designated as a representative of as such information becomes available (c) 2. Within twenty-four hours after the next of kin and any other person designated as a representative has been notified of such death, the department shall publish public notice of such death on the department's website.

  amended

• Section 674 of the county law

  his or her chairman his or her he or she chairman → such coroner's, coroner's physician's or medical examiner's For the purposes of this subdivision, in addition to anything else required by law, an autopsy report shall include all photographs of the body, microscopic slides, and post-mortem x-rays taken by or at the direction of the person performing the autopsy, and all photographs, microscopic slides, and post-mortem x-rays reviewed by the person performing the autopsy in the course of their examination or in the course of their diagnosis of the cause of death and the means or manner of death. chairperson their such person chairperson For the purposes of this subdivision, in addition to anything else required by law, an autopsy report shall include all photographs of the body, microscopic slides, and post-mortem x-rays taken by or at the direction of the person performing the autopsy, and all photographs, microscopic slides, and post-mortem x-rays reviewed by the person performing the autopsy in the course of their examination or in the course of their diagnosis of the cause of death and the means or manner of death.

  amended

• Section 17 of the public officers law

  8. (a) Notwithstanding any other provision of law, rule or regulation to the contrary, in a matter in which the attorney general's authority established under this section conflicts, or has a reasonable risk of conflicting, with the attorney general's representation of state employ- ees in civil litigation under section seventeen of the public officers law, the attorney general may designate a deputy attorney general or assistant attorney general, including any person designated under subdi- vision five of this section, as provided by section nine of the public officers law, to act as attorney general for that matter in the attorney general's stead. (b) Notwithstanding any other provision of law, rule or regulation to the contrary, the attorney general shall establish through rules and regulations, processes and procedures for screening (i) the person so designated pursuant to paragraph (a) of this subdivision, and the entire prosecution team, from records, communication, and information related to the civil defense of a police officer or peace officer as defined in subdivision one of this section, and (ii) persons involved in the civil defense of a police officer or peace officer as defined in subdivision one of this section from records, communication, and information related to the investigation and, where appropriate, prosecution of state peace or police officers under this section. The rules and regulations estab- lishing screens shall be sufficient to satisfy the rules of professional conduct regarding conflicts and to protect the rights of state peace and police officers who are the subject of an investigation or prosecution under this section by ensuring that the individuals conducting or other- wise involved in such investigation or prosecution do not have access to any confidential information obtained in the course of the office's civil defense of state employees. 6. (a) This subdivision shall apply to the attorney general in any circumstance where the attorney general acts in place of a district attorney. Nothing in this subdivision shall invalidate a court appoint- ment of a district attorney or other attorney made prior to the effec- tive date of this subdivision to serve in the place of the attorney general on a particular matter under any other subdivision of this section. (b) Notwithstanding any other provision of law to the contrary, when- ever the attorney general and such assistants as the attorney general may have, is disqualified from acting in a particular matter to discharge their duties at a term of any court, a superior criminal court in the county wherein the action is triable may upon articulable reasons set forth by the attorney general for such appointment, by order: (i) appoint some attorney at law having relevant experience and exper- tise, without regard to judicial department or other geographic limita- tions within the state, to act as special district attorney during the disqualification of the attorney general and such assistants as they may have; or (ii) appoint a district attorney of any county to act as special district attorney, provided such district attorney agrees to accept appointment by such criminal court during such disqualification of the attorney general and such assistants as they may have. (c) The special district attorney so appointed shall possess the powers and discharge the duties of the attorney general during the peri- od, or for the duration of the matter, for which they shall be appointed. (d) Where a special district attorney is appointed under this subdivi- sion, the special district attorney may direct the exercise of such powers and the performance of such duties by any assistant or other staff in their office to assist such special district attorney to the same extent permitted by law. (e) Any special district attorney appointed under this subdivision for a matter arising out of the attorney general's authority under section seventy-b of the executive law shall b

  amended

• Section 112 of the correction law

  7. (a) The commissioner shall collect data from the office of special investigations established by the department and report quarterly to the speaker of the assembly, the temporary president of the senate, and the governor regarding complaints received the previous quarter by the office. For the report period, such data and report shall include, but not be limited to: (i) the number of confirmed and unconfirmed complaints received by the office of special investigations categorized by facility the complaint originated from, complaint type or allegation, subject of the complaint (i.e. incarcerated individual, security staff, civilian staff, or other), and how the complaint was received by the office; (ii) the total number of complaints: assigned for an investigation by the office of special investigations; assigned to each division or unit within the office of special investigations; referred to the appropriate central office division head; referred to a facility superintendent or community supervision bureau chief for investigation; referred to a facility superintendent or community supervision bureau chief for other appropriate action; and referred to a state, local, or federal agency with jurisdiction. Such data shall include the facility the complaint originated from and the complaint type or allegation; (iii) the total number of investigations closed by each office of special investigations unit or division within the reporting time peri- od; (iv) the total number of referrals for criminal prosecution. Such data shall include the facility the complaint originated from, the complaint type or allegation, and the subject of the complaint (i.e. incarcerated individual, security staff, civilian staff, or other); (v) the total number of referrals to the department's bureau of labor relations for consideration of employee disciplinary charges including which facility the referral originated from; and (vi) office of special investigations staffing data including the total number of staff, position type, and number of open positions. (b) The commissioner shall report annually the average length of time to close an investigation by the office of special investigation by division for each correctional facility and any recommendations made by the office of special investigations to the relevant departmental program areas for consideration of a revision to a policy or procedure. Such report shall categorize such recommendations by facility, the nature of the recommendation, and any action taken in response to the recommendation.

  amended

• Section 41 of the correction law

  three to be , by and with the advice and consent of the senate governor chairman as such the of the gover- nor of three members first appointed, one shall serve for a term of two years, one shall serve for a term of three years and one shall serve for a term of five years from January first next succeeding their appointment governor his he three to be , by and with the advice and consent of the senate governor chair as such the of the governor → (a) nine , three of whom shall be , two of whom shall be appointed by the speaker of the assembly, two of whom shall be appointed by the temporary president of the senate, and two of whom shall be appointed by the correctional association. (b) The members appointed shall include, but not be limited to, at least one of each of the following: (i) a person formerly incarcerated in a correctional facility located in New York; (ii) a public health professional; (iii) a behavioral healthcare professional; (iv) an attorney duly licensed to practice in this state who has a professional background in indigent criminal defense services or prison- er's rights litigation; and (v) a professional in any other field deemed useful for the promotion of an efficient, humane, and lawful correctional system (c) members of the commission annually chairperson such members of the commission's first two members appointed by the speaker of the assembly shall serve for a term of two years; the first two members appointed by the temporary president of the senate shall serve for a term of three years; and the first two members appointed by the correctional associ- ation shall serve for a term of four years appointing authority who nominated the member such member's such new member (a) nine , three of whom shall be , two of whom shall be appointed by the speaker of the assembly, two of whom shall be appointed by the temporary president of the senate, and two of whom shall be appointed by the correctional association. (b) The members appointed shall include, but not be limited to, at least one of each of the following: (i) a person formerly incarcerated in a correctional facility located in New York; (ii) a public health professional; (iii) a behavioral healthcare professional; (iv) an attorney duly licensed to practice in this state who has a professional background in indigent criminal defense services or prison- er's rights litigation; and (v) a professional in any other field deemed useful for the promotion of an efficient, humane, and lawful correctional system (c) members of the commission annually chairperson such members of the commission's

  amended

Action History

1. June 12, 2025

   SUBSTITUTED BY S8415

2. June 12, 2025

   ORDERED TO THIRD READING RULES CAL.699

3. June 12, 2025

   RULES REPORT CAL.699

4. June 12, 2025

   REPORTED

5. June 12, 2025

   REPORTED REFERRED TO RULES

6. June 09, 2025

   REFERRED TO WAYS AND MEANS

Sponsors

• Erik Dilan · Primary

Subjects