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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...

One Year Closure

STATE OF NEW YORK
        ________________________________________________________________________
5463--C
2003-2004 Regular Sessions
IN SENATE
 
June 9, 2003
___________
Introduced  by Sens. ROBACH, BONACIC, LIBOUS, LITTLE, NOZZOLIO, SPANO --
read twice and ordered printed, and when printed to  be  committed  to
the  Committee on Rules -- 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 committee --
committee discharged, bill amended, ordered reprinted as  amended  and
recommitted to said committee
AN  ACT  to  amend the correction law, in relation to closure of correc-
tional facilities
The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:
1      Section 1. Subdivision 8 of section 45 of the correction law, as added
2    by chapter 865 of the laws of 1975, is amended to read as follows:
3      8.  (a)  Close any correctional facility which is unsafe, [insanitary]
4    unsanitary or inadequate to provide for the separation  and  classifica-
5    tion  of  prisoners  required  by  law  or  which  has not adhered to or
6    complied with the rules or regulations promulgated with respect  to  any
7    such  facility  by the commission pursuant to the provisions of subdivi-
8    sion six of this section; provided, however, that before  such  facility
9    may  be  closed due to conditions which are unsafe, unsanitary or inade-
10    quate to provide for the separation and classification of prisoners, the
11    commission shall cause a citation to be mailed to the appropriate munic-
12    ipal or other official at least ten days before the return  day  thereof
13    directing  the  responsible authorities designated to appear before such
14    commission at the time and place set forth in  the  citation,  and  show
15    cause why such correctional facility should not be closed. After a hear-
16    ing  thereon or upon the failure to appear, such commission is empowered
17    to order such facility designated in the citation closed  within  twenty
18    days,  during  which time the respondent authority may review such order
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14743-07-4
S. 5463--C                          2
1    in the manner provided in article seventy-eight of  the  civil  practice
2    law  and  rules,  in  the supreme court. Fifteen days after the order to
3    close has been served by a registered letter upon the appropriate  offi-
4    cial if no court review has been taken, and fifteen days after the order
5    of  such  commission  has  been confirmed by the court, in case of court
6    review, such facility designated in the order shall be  closed,  and  it
7    shall  be unlawful to confine or detain any person therein and any offi-
8    cer confining or detaining any person therein shall be guilty of a class
9    A misdemeanor.
10      (b) Before a facility, including but not  limited  to  a  correctional
11    facility  annex  or  other  designated housing unit, may be closed for a
12    reason other than those set forth in paragraph (a) of this  subdivision,
13    the  provisions  of  section  seventy-nine-a  of  this  chapter shall be
14    adhered to.
15      § 2. Paragraph (a) of subdivision 3 of section 70  of  the  correction
16    law,  as added by chapter 141 of the laws of 1974, is amended to read as
17    follows:
18      (a) The commissioner may  continue  to  maintain,  as  a  correctional
19    facility,  any  institution  operated  by  the  department  prior to May
20    eighth, nineteen hundred seventy, and may  add  to  or  close  any  such
21    place,  and  may  establish and maintain new correctional facilities, in
22    accordance with the needs of the department  and  provided  expenditures
23    for  such  purposes are within amounts made available therefor by appro-
24    priation; provided, however, that before the closure of any correctional
25    facility, including but not limited to a correctional facility annex  or
26    other designated housing unit, for reasons other than those set forth in
27    paragraph  (a)  of subdivision eight of section forty-five of this chap-
28    ter, the provisions of section seventy-nine-a of this article  shall  be
29    adhered to.
30      § 3. The correction law is amended by adding two new sections 79-a and
31    79-b to read as follows:
32      § 79-a. Closure of correctional facilities; notice. Before the closure
33    of  any  correctional facility, which for purposes of this section shall
34    include but not be limited to a correctional  facility  annex  or  other
35    designated housing unit, for reasons other than those set forth in para-
36    graph  (a)  of  subdivision eight of section forty-five of this chapter,
37    the commissioner shall take the following actions:
38      1. confer with the department of civil service, the governor's  office
39    of employee relations and any other appropriate state agencies to devel-
40    op strategies which attempt to minimize the impact of the closure on the
41    state work force;
42      2.  consult  with the department of economic development and any other
43    appropriate state agencies to develop strategies which attempt to  mini-
44    mize  the  impact  of such closures on the local and regional economies;
45    and
46      3. provide notice to local governments, employee labor  organizations,
47    and  managerial  and confidential employees at least twelve months prior
48    to any such closure.
49      § 79-b. Substantial reduction in services at correctional  facilities;
50    notice. 1. Before a substantial reduction in services at any correction-
51    al facility, which for purposes of this section shall include but not be
52    limited  to  a  correctional  facility annex or other designated housing
53    unit, the commissioner shall take the following actions:
54      (a) confer with the department of civil service, the governor's office
55    of employee relations and any other appropriate state agencies to devel-
S. 5463--C                          3
1    op strategies which attempt to minimize the impact of the  reduction  in
2    services on the state work force;
3      (b)  consult with the department of economic development and any other
4    appropriate state agencies to develop strategies which attempt to  mini-
5    mize  the impact of such reduction in services on the local and regional
6    economies; and
7      (c) provide notice to local governments, employee labor organizations,
8    and managerial and confidential employees at least twelve  months  prior
9    to any such reduction in services.
10      2. For purposes of this section, a "substantial reduction in services"
11    shall mean:
12      (a)  a reduction in the number of employees in the title of correction
13    officer, as classified by the department of civil service, at a  correc-
14    tional facility during any calendar year which in the aggregate for such
15    calendar  year  equals  ten  percent or more of the total number of such
16    employees at such facility on the last day of the immediately  preceding
17    calendar year; or
18      (b)  a  reduction  in the number of inmates at a correctional facility
19    during any calendar year which in the aggregate for such  calendar  year
20    equals ten percent or more of the total number of inmates housed in such
21    facility on the last day of the immediately preceding calendar year.
22      § 4. This act shall take effect immediately.
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