Bill S2684-2009

Requires the commissioner of correctional services to consult with the chief executive officer of the locality where a prison scheduled to be closed is located

Directs the commissioner of correctional services to provide a report for an adaptive reuse plan at the time the notice of closure of a correctional facility is provided; such commissioner shall consult with the chief executive officer of the city, town or village in which the correctional facility slated to be closed is located.

Details

Actions

  • Jan 6, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Feb 26, 2009: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

 BILL NUMBER:  S2684

TITLE OF BILL :

An act to amend the correction law, in relation to adaptive reuse plans for state correctional facilities slated for closure

PURPOSE :

To require the Commissioner of Corrections to provide an adaptive reuse plan at the time of an announcement of a prison closure rather than not less than six month prior to the date of the closure; and to provide for participation of local government in preparation of such plan.

SUMMARY OF PROVISIONS :

This bill amends section 79-b of the correction law to strike out that the commissioner has until six months before the date of a prison closure to provide an adaptive reuse plan for the prison proposed to be closed. The commissioner would instead be required to provide the reuse plan at the time of the announcement of the proposed closure.

Additionally, the bill would require that when the commissioner is preparing the reuse plan that he also consult with the chief executive officer of the local government in which the facility is located.

EXISTING LAW :

Currently, section 79-a of the correction law requires a one year prior notice to be given of any proposed closure of a prison facility. Section 79-b requires that not less than six months prior to the proposed closure the Commissioner of Correction must provide an adaptive reuse plan for the facility.

Current law also directs the commissioner to consult with other state officials when preparing the plan, but does not direct consultation with any representatives of local government.

JUSTIFICATION :

Currently the Commissioner of Corrections must give a one year prior notice of a prison closing, but he has until six months prior to the date of the closing to develop and provide an adaptive reuse plan for the facility. As a result the community in which the prison is located has no opportunity to participate in the development of the reuse plan until after the closure decision has been made. If the plan for reuse is prepared prior to the announcement of closure, it is possible that the planning process may indicate that the facility considered for closure should not be closed or that only partial closure is needed. Moreover, developing the reuse plan before the announcement of closure will give the effected community and employees a greater opportunity to participate in the planning process.

Additionally, the Commissioner is only required to consult with certain state officials when preparing the reuse plan. There is no requirement for the commissioner to seek the opinion and ideas of the local government wherein the proposed prison closing will occur. This bill would require the commissioner to also consult with the chief executive officer of the local government· in which the prison facility is located.

LEGISLATIVE HISTORY :

S.7763 of 2007/2008 FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2684 2009-2010 Regular Sessions IN SENATE February 26, 2009 ___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to adaptive reuse plans for state correctional facilities slated for closure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 79-b of the correction law, as amended by section 2 of part D of chapter 63 of the laws of 2005, is amended to read as follows: S 79-b. Adaptive reuse plan for consideration prior to prison closure. [Not later than six months prior to the effective date of closure of a correctional facility, the] THE commissioner shall, in consultation with the commissioners of economic development, civil service and [the divi- sion of] criminal justice services [and], the director of the governor's office of employee relations, AND THE CHIEF EXECUTIVE OFFICER OF THE CITY, TOWN OR VILLAGE IN WHICH THE FACILITY SLATED FOR CLOSURE IS LOCATED, provide, AT THE TIME THE NOTICE OF CLOSURE OF A CORRECTIONAL FACILITY IS PROVIDED IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION SEVENTY-NINE-A OF THIS ARTICLE, a report for an adaptive reuse plan for any facility slated for closure which will evaluate the community impact of the proposed closure including but not limited to the following factors: the potential to utilize the property for another state government purpose, including for a new purpose as part of the state criminal justice system; potential for the sale or transfer of the prop- erty to a local government or other governmental entity; potential for the sale of the property to a private entity for development into a business, residential or other purpose; community input for local devel- opment; and the condition of the facility and the investments required to keep the structure in good repair, or to make it viable for reuse. S 2. This act shall take effect immediately.

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