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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...

Bill Text - A00830

                      S T A T E   O F   N E W   Y O R K
________________________________________________________________________
S. 543--B                                              A. 830--B
2005-2006 Regular Sessions
S E N A T E - A S S E M B L Y
January 18, 2005
___________
IN  SENATE  --  Introduced  by  Sen.  NOZZOLIO -- read twice and ordered
printed, and when printed to be committed to the  Committee  on  Crime
Victims,  Crime  and Correction -- committee discharged, bill amended,
ordered reprinted as amended and  recommitted  to  said  committee  --
recommitted to the Committee on Crime Victims, Crime and Correction in
accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said  commit-
tee
IN  ASSEMBLY  --  Introduced  by  M.  of A. ORTIZ, BRADLEY, ZEBROWSKI --
Multi-Sponsored by -- M. of A. COLTON, GOTTFRIED, HOYT, JACOBS,  JOHN,
MAYERSOHN,  WEISENBERG  --  read once and referred to the Committee on
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted  to  said  committee  --  recommitted  to  the
Committee  on Correction in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as  amended  and
recommitted to said committee
AN  ACT  to  amend the correction law, in relation to custody and super-
vision of persons in state and local 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    S 120. CUSTODY AND SUPERVISION OF PERSONS IN CORRECTIONAL  FACILITIES.
4  1.  EXCEPT  AS  PROVIDED  IN  SUBDIVISIONS  TWO,  THREE AND FOUR OF THIS
5  SECTION, THE DUTY OF MAINTAINING THE CUSTODY AND SUPERVISION OF  PERSONS
6  DETAINED  OR  CONFINED IN A CORRECTIONAL FACILITY AS DEFINED IN SUBDIVI-
7  SION FOUR OF SECTION TWO OF THIS CHAPTER,  INCLUDING  A  DRUG  TREATMENT
8  CAMPUS  AS DEFINED IN SUBDIVISION TWENTY OF SECTION TWO OF THIS CHAPTER,
9  OR A LOCAL CORRECTIONAL FACILITY AS DEFINED IN  SUBDIVISION  SIXTEEN  OF
10  SECTION TWO OF THIS CHAPTER SHALL BE PERFORMED SOLELY BY POLICE OFFICERS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD04202-04-6
S. 543--B                           2                          A. 830--B
1  DESIGNATED  IN  PARAGRAPH  (A),  (B),  (C), (D), (E), (G), (J) OR (M) OF
2  SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR
3  PEACE OFFICERS DESIGNATED IN SUBDIVISION TWENTY-FIVE OF SECTION 2.10  OF
4  THE CRIMINAL PROCEDURE LAW, WHICH PERSONS, WHETHER EMPLOYED FULL-TIME OR
5  PART-TIME,  SHALL BE IN THE COMPETITIVE, NON-COMPETITIVE OR EXEMPT CLASS
6  OF THE CIVIL SERVICE OF NEW YORK STATE AS DETERMINED  BY  THE  STATE  OR
7  APPLICABLE LOCAL CIVIL SERVICE COMMISSION.
8    2. NOTHING IN THIS SECTION SHALL LIMIT IN ANY WAY THE AUTHORITY OF THE
9  COMMISSIONER,  OR  ANY COUNTY OR THE CITY OF NEW YORK, TO ENTER INTO ANY
10  CONTRACT AUTHORIZED BY SUBDIVISION  EIGHTEEN  OF  SECTION  TWO,  SECTION
11  SEVENTY-TWO-A,   SECTION  SEVENTY-THREE,  SECTION  NINETY-FIVE,  ARTICLE
12  FIVE-A OR ARTICLE TWENTY-SIX OF THIS CHAPTER, OR TO LIMIT THE  RESPONSI-
13  BILITY  OF THE STATE DIVISION OF PAROLE TO SUPERVISE INMATES OR PAROLEES
14  WHILE AWAY  FROM  AN  INSTITUTION  PURSUANT  TO  SECTION  SEVENTY-TWO-A,
15  SECTION  SEVENTY-THREE  OR  ARTICLE  TWENTY-SIX OF THIS CHAPTER OR WHILE
16  CONFINED AT A DRUG TREATMENT CAMPUS AS DEFINED IN SUBDIVISION TWENTY  OF
17  SECTION TWO OF THIS CHAPTER.
18    3. SUBDIVISION ONE OF THIS SECTION SHALL BE INAPPLICABLE TO ANY PERSON
19  WHO  IS  OR  MAY  BE  EMPLOYED  IN A CORRECTIONAL FACILITY AS DEFINED IN
20  SUBDIVISION FOUR OF SECTION TWO OF THIS CHAPTER OR A LOCAL  CORRECTIONAL
21  FACILITY  AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAP-
22  TER OR WHO CONTRACTS OR MAY CONTRACT  TO  PROVIDE  SERVICES  AT  SUCH  A
23  CORRECTIONAL  FACILITY,  WHO,  IN  EITHER  CASE, IS (A) NOT A CORRECTION
24  OFFICER OR DEPUTY SHERIFF, AND (B) DOES NOT HAVE, AS THEIR  PRIMARY  JOB
25  RESPONSIBILITY,  THE  DUTY  OF  MAINTAINING  THE  SUPERVISION OF PERSONS
26  DETAINED OR CONFINED IN A CORRECTIONAL FACILITY BUT  WHO  PROVIDES  SUCH
27  SUPERVISION AS A SECONDARY, ANCILLARY OR INCIDENTAL PART OF THEIR PRIMA-
28  RY  EMPLOYMENT  RESPONSIBILITIES.  AN  EMPLOYEE  WHO  MEETS THE CRITERIA
29  PROVIDED BY PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION MAY INCLUDE,  BUT
30  NOT BE LIMITED TO, FOOD SERVICE, JANITORIAL OR MAINTENANCE STAFF OF SUCH
31  A  CORRECTIONAL  FACILITY  OR PERSONS WHO PROVIDE HEALTH CARE, SUBSTANCE
32  ABUSE  TREATMENT,  COUNSELING,  RELIGIOUS,  EDUCATIONAL  OR   VOCATIONAL
33  SERVICES AT SUCH A CORRECTIONAL FACILITY.
34    4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR AFFECT THE
35  EXISTING AUTHORITY OF THE MAYOR OF THE CITY OF NEW YORK AND THE  COMMIS-
36  SIONER  OF  THE  DEPARTMENT  OF  CORRECTION  OF  THE CITY OF NEW YORK TO
37  APPOINT NON-UNIFORMED PERSONS WHOSE DUTIES INCLUDE OVERALL  SECURITY  OF
38  THE  DEPARTMENT  OF  CORRECTION  OF THE CITY OF NEW YORK TO POSITIONS OF
39  AUTHORITY.
40    S 121. PRIVATE OWNERSHIP  OR  OPERATION  OF  CORRECTIONAL  FACILITIES.
41  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISIONS TWO, THREE AND FOUR OF
42  SECTION ONE HUNDRED TWENTY OF  THIS  ARTICLE  OR  IN  FEDERAL  LAW,  THE
43  PRIVATE OPERATION OR MANAGEMENT OF A CORRECTIONAL FACILITY AS DEFINED IN
44  SUBDIVISION  FOUR OF SECTION TWO OF THIS CHAPTER OR A LOCAL CORRECTIONAL
45  FACILITY, AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS CHAP-
46  TER, THE PRIVATE OWNERSHIP OR OPERATION OF A FACILITY FOR HOUSING  STATE
47  OR LOCAL INMATES OR THE PRIVATE OWNERSHIP OR OPERATION OF A FACILITY FOR
48  THE INCARCERATION OF OTHER STATE`S INMATES IS PROHIBITED.
49    S  2.  This  act shall take effect on the ninetieth day after it shall
50  have become a law.
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