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NY A02552
Bill
Status
1/23/2019
Primary Sponsor
Daniel O'Donnell
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AI Summary
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Creates an independent Office of the Correctional Ombudsman within the executive department to oversee state correctional facilities, with a six-year term ombudsman appointed by a 12-member Correctional Oversight Board and removable only for cause by two-thirds board vote.
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Grants the ombudsman broad investigative powers including authority to inspect facilities unannounced, access all records, subpoena witnesses, conduct autopsies, and place monitors in facilities presenting imminent danger; establishes toll-free hotline and online complaint system for reporting wrongdoing.
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Requires the ombudsman to conduct public oversight of internal affairs and disciplinary processes, interview facility superintendent candidates, issue public reports at least every three years on each facility, and report quarterly on unusual incidents and inmate grievances.
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Authorizes the Attorney General to investigate and prosecute criminal offenses committed by Department of Corrections employees in connection with their official duties based on findings of necessity regarding prosecutorial resources or public confidence in the judicial system.
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Establishes penalties for obstructing ombudsman investigations (Class A misdemeanor) and requires the Department to respond within 45 days to ombudsman recommendations, with written explanations for non-compliance made public.
Legislative Description
Creates the office of the correctional ombudsman to achieve transparency, fairness, impartiality and accountability in New York state correctional facilities; relates to reports by coroners; designates investigators of the office of the correctional ombudsman as peace officers; authorizes the attorney general to investigate the alleged commission of any criminal offense committed by an employee of the department of corrections and community supervision in connection with his or her official duties; relates to the confidentiality of certain records; and includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
Last Action
referred to correction
1/8/2020