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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

Anti Privatization

STATE OF NEW YORK
 
7428
2003-2004 Regular Sessions
IN ASSEMBLY
 
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.
LBD01438-01-3
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.
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