2003-2004 Regular Sessions
March 25, 2003
Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. M. COHEN,
GOTTFRIED, JACOBS, JOHN, MAYERSOHN, SANDERS, WEISENBERG -- read once
and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to custody and super-
vision of persons in correctional facilities
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The correction law is amended by adding two new sections
2 120 and 121 to read as follows:
3 § 120. Custody and supervision of persons in correctional facilities.
4 1. Except as provided in subdivisions two and three of this section, the
5 duty of maintaining the custody and supervision of persons detained or
6 confined in a correctional facility as defined in section forty of this
7 chapter, including a drug treatment campus as defined in subdivision
8 twenty of section two of this chapter, shall be performed solely by
9 police officers designated in paragraph (a), (b), (c), (d), (e) or (j)
10 of subdivision thirty-four of section 1.20 of the criminal procedure law
11 or peace officers designated in subdivision twenty-five of section 2.10
12 of the criminal procedure law, which persons shall be in the competitive
13 class of the civil service of New York state.
14 2. Nothing in this section shall limit in any way the authority of the
15 commissioner to enter into any contract authorized by subdivision eigh-
16 teen of section two, section seventy-two-a, section seventy-three,
17 section ninety-five, article five-A or article twenty-six of this chap-
18 ter, or to limit the responsibility of the state division of parole to
19 supervise inmates or parolees while away from an institution pursuant to
20 section seventy-two-a, section seventy-three or article twenty-six of
21 this chapter or while confined at a drug treatment campus as defined in
22 subdivision twenty of section two of this chapter.
23 3. Nothing in this section shall limit in any way persons who are
24 employees of a correctional facility as defined in section forty of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
] is old law to be omitted.
A. 7428 2
1 chapter, or persons who are under contract to the department pursuant to
2 subdivision two of this section, from maintaining the custody and super-
3 vision of persons confined in a correctional facility or in any other
4 facility pursuant to subdivision two of this section, if such custody
5 and supervision duties are a regular part of their principal employment
6 or incidental to their principal employment duties.
7 § 121. Private ownership or operation of correctional facilities.
8 Except as otherwise provided in subdivisions two and three of section
9 one hundred twenty of this article or in federal law, the private opera-
10 tion or management of a state correctional facility or a local correc-
11 tional facility, as defined in section forty of this chapter, the
12 private ownership or operation of a facility for housing state or local
13 inmates or the private ownership or operation of a facility for the
14 incarceration of other state's inmates is prohibited.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.