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NY A00905
Bill
Status
1/6/2021
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, headed by a commissioner appointed by a twelve-member correctional oversight board for a six-year term and removable only for good cause by a two-thirds vote of board members.
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Establishes a correctional oversight board composed of the state inspector general, legislators' appointees, non-profit representatives, a former incarcerated individual, a former DOC employee, an attorney, a medical professional, and a mental health professional to monitor correctional facilities and appoint the ombudsman.
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Grants the ombudsman authority to inspect all correctional facilities at least every three years, investigate allegations of misconduct and unsafe conditions, interview employees and incarcerated individuals, subpoena records, monitor internal affairs investigations, and place monitors in facilities presenting imminent danger.
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Authorizes the ombudsman to review candidates for correctional facility superintendent positions and publicly disclose findings if a candidate deemed "not qualified" is appointed, and requires facilities to respond in writing to ombudsman recommendations within forty-five days.
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Makes obstructing the ombudsman's investigation a class A misdemeanor and authorizes the attorney general to investigate and prosecute criminal offenses committed by DOC and local correctional facility employees; takes effect one year after enactment.
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; includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
Last Action
print number 905a
1/12/2022