Requires the commissioner of corrections to establish a staffing plan for all uniformed and non-uniformed employees; further requires adequate staffing at correctional facilities.
Law Section: Correction Law / Law: Amd S112, Cor L
Law Section: Correction Law / Law: Amd S112, Cor L
- Jan 4, 2012: referred to correction
- Jan 12, 2011: referred to correction
S T A T E O F N E W Y O R K
1792 2011-2012 Regular Sessions I N ASSEMBLY January 12, 2011
Introduced by M. of A. AUBRY -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to adequate staffing at correctional facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 112 of the correction law, as amended by chapter 476 of the laws of 1970, is amended to read as follows:
S 112. Powers and duties of commissioner of correction relating to correctional facilities. 1. The commissioner [
of correction] shall have the superintendence, management and control of the correctional facili ties in the department and of the inmates confined therein, and of all matters relating to the government, discipline, policing, contracts and fiscal concerns thereof. HE OR SHE SHALL HAVE THE RESPONSIBILITY TO ENSURE THAT ADEQUATE STAFFING EXISTS AT EVERY CORRECTIONAL FACILITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION. He OR SHE shall have the power and it shall be his OR HER duty to inquire into all matters connected with said correctional facilities. He OR SHE shall make such rules and regulations, not in conflict with the statutes of this state, for the government of the officers and other employees of the department assigned to said facilities, and in regard to the duties to be performed by them, and for the government and discipline of each correctional facility, as he OR SHE may deem proper, and shall cause such rules and regulations to be recorded by the superintendent of the facility, and a copy thereof to be furnished to each employee assigned to the facility. He OR SHE shall also prescribe a system of accounts and records to be kept at each correctional facility, which system shall be uniform at all of said facilities, and he OR SHE shall also make rules and regulations for a record of photographs and other means of identifying each inmate received into said facilities. He OR SHE shall appoint and remove, subject to the civil service law and rules, subordinate officers and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04635-01-1
A. 1792 2 other employees of the department who are assigned to correctional facilities. 2. THE COMMISSIONER SHALL ESTABLISH A STAFFING PLAN FOR ALL UNIFORMED AND NON-UNIFORMED EMPLOYEES. WITH REGARD TO UNIFORMED STAFF, THE COMMIS SIONER SHALL ESTABLISH A STAFFING PLAN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING FACTORS:
(A) THE NUMBER OF TOTAL SECURITY POSTS THAT MUST BE STAFFED BY CORRECTION OFFICERS AND CORRECTIONAL SERGEANTS BY CORRECTIONAL FACILITY. THESE POSTS SHALL BE DELINEATED BY THOSE THAT ARE NECESSARY FIVE DAYS PER WEEK AND SEVEN DAYS PER WEEK. (B) THE STAFFING PLAN SHALL REQUIRE THAT EVERY POST BE STAFFED USING A RATIO OF 1.75 CORRECTION OFFICERS FOR EVERY SEVEN DAY POST AND A RATIO OF 1.25 CORRECTION OFFICERS FOR EACH FIVE DAY POST. (C) THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH STAFFING PLAN TO THE CHAIRS OF THE SENATE FINANCE, SENATE CRIME VICTIMS, CRIME AND CORRECTION, ASSEMBLY WAYS AND MEANS AND ASSEMBLY CORRECTION COMMITTEES BY DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT SHALL ALSO PROVIDE DETAILED INFORMATION REGARDING HOW THE STAFFING PLAN WAS IMPLEMENTED DURING THE CURRENT FISCAL YEAR. THIS INFORMATION SHALL INCLUDE:
(I) THE NUMBER OF CORRECTION OFFICERS AND SERGEANTS BY CORRECTIONAL FACILITY THAT THE STAFFING PLAN REQUIRED AS WELL AS THE ACTUAL NUMBER OF CORRECTION OFFICERS AND SERGEANTS THAT WERE AVAILABLE BY CORRECTIONAL FACILITY DURING THE CURRENT FISCAL YEAR. IN THE EVENT THE DEPARTMENT DEVIATED FROM THE STAFFING PLAN, THE COMMISSIONER SHALL PROVIDE DETAILS ON WHY THE STAFFING PLAN WAS NOT IMPLEMENTED AS REQUIRED PURSUANT TO THIS SECTION; (II) THE NUMBER OF POSTS INCLUDED IN THE STAFFING PLAN FOR EACH FACIL ITY THAT HAVE BEEN CLOSED ON A DAILY BASIS, BY CORRECTIONAL FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM AND MAXIMUM); (III) THE NUMBER OF SECURITY POSITIONS NOT FILLED AND THOSE ELIMI NATED, BY CORRECTIONAL FACILITY SINCE TWO THOUSAND ONE COMPARED TO THE NUMBER OF INMATES INCARCERATED IN EACH SUCH FACILITY; AND (IV) A BREAKDOWN BY CORRECTIONAL FACILITY SECURITY CLASSIFICATION (MINIMUM, MEDIUM, AND MAXIMUM) OF THE STAFF HOURS OF OVERTIME WORKED, BY YEAR SINCE TWO THOUSAND ONE AND THE ANNUAL AGGREGATE COSTS RELATED TO THIS OVERTIME. IN ADDITION, SUCH REPORT SHALL BE DELINEATED BY CORREC TIONAL FACILITY SECURITY CLASSIFICATION, THE ANNUAL NUMBER OF SECURITY POSITIONS ELIMINATED, THE NUMBER OF CLOSED POSTS AND AMOUNT OF STAFF HOURS OF OVERTIME ACCRUED AS WELL AS THE OVERALL OVERTIME EXPENDITURES THAT RESULTED. 3. The commissioner [
of correction] may require reports from the superintendent or any other officer or employee of the department assigned to any correctional facility in relation to his OR HER conduct as such officer or employee, and shall have the power to inquire into any improper conduct which may be alleged to have been committed by any person at any correctional facility, and for that purpose to issue subpoenas to compel the attendance of witnesses, and the production before him OR HER of books, writings and papers. A subpoena issued under this section shall be regulated by the civil practice law and rules. The commissioner [ of correction] is authorized and empowered to lease the railroad, constructed under and by the authority of the laws of eighteen hundred [ and] seventy-eight, chapter one hundred [ and] forty-eight, for such term of years and upon such terms and conditions as shall be approved of, in writing, by the governor and comptroller of this state.
S 2. This act shall take effect immediately; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule A. 1792 3 or regulation necessary for the implementation of this act on its effec tive date is authorized and directed to be made and completed on or before such effective date.