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NY A04379
Bill
Status
2/14/2023
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, reporting to a newly established 12-member correctional oversight board that nominates the ombudsman for gubernatorial approval or disapproval within 30 days.
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Grants the ombudsman authority to inspect state and local correctional facilities without notice, investigate internal affairs and disciplinary matters, interview employees and incarcerated individuals, subpoena records, and conduct autopsies on deceased incarcerated individuals, with mandatory facility inspections at least every three years.
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Establishes a correctional oversight board composed of the state inspector general, legislative appointees, non-profit representatives, a former incarcerated individual, a former corrections employee, an attorney, a medical professional, and a mental health professional to monitor facilities and appoint the ombudsman.
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Authorizes the attorney general to investigate and prosecute criminal offenses committed by corrections employees in connection with their official duties and requires coroners to provide autopsy reports to the ombudsman.
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Makes obstructing an ombudsman investigation a class A misdemeanor and requires the department to respond in writing to ombudsman recommendations within 45 days; the bill 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
referred to correction
1/3/2024