Bill S279-2009

Requires the commissioner of correctional services to provide notice at least 24 months prior to a correctional facility closure to certain groups and persons

Requires the commissioner of correctional services to provide notice by certified mail, at least 24 months prior to a correctional facility's closure, to certain local governments, employee labor organizations and employees employed within such correctional facility.

Details

Actions

  • Jan 6, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 7, 2009: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

 BILL NUMBER:  S279

TITLE OF BILL :

An act to amend the correction law, in relation to the closure of correctional facilities

PURPOSE :

To require the commissioner of corrections to provide notice to certain groups and persons at least 24 months prior to a correctional facility closing, and to report on an adaptive reuse plan for the facility at the time of such notice.

SUMMARY OF PROVISIONS :

Section 1 amends subdivision 3 of section 79a of the correction law to provide that the commissioner must give notice of a planned correctional facility closing to local governments, labor organizations and certain managerial employees at least 24 months prior to such closure.

Section 2 amends section 79-b of the correction law to require that the commissioner provide a report on an adaptive reuse plan for the correctional facility at the time of providing notice of closure.

Section 3 provides that the act shall take effect immediately and shall apply to any notice pursuant to subdivision 3 of section 79-a of the correction law that is provided on or after January 1, 2008.

JUSTIFICATION :

Under current law, the commissioner of corrections must give notice of a correctional facility closure a mere 12 months prior to such closure, and must provide for a plan of adaptive reuse of the facility only 6 months prior to the closure. When correctional facilities are planned for closure, as we are now seeing at Hudson Correctional Facility and Mount McGregor, the short time periods for notice and development of an adaptive reuse plan wreak havoc on corrections employees, their families, their communities and the local economies. For the employees and their families, more time is needed to re-organize lives and re-locate to new communities. For local communities affected by the closures, more time is needed to adjust to the loss of jobs, families and, in some cases, a significant part of the tax base.

LEGISLATIVE HISTORY :

2008: S.7467 Passed Senate; A.10361 T. Gordon Correction

FISCAL IMPLICATIONS :

Undetermined at this time.

EFFECTIVE DATE : Immediately upon becoming law, with retroactive effect to January 1, 2009.

Text

STATE OF NEW YORK ________________________________________________________________________ 279 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. LITTLE -- 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 the closure of correctional facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 79-a 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: 3. provide notice by certified mail to (i) all local governments of any political subdivision in which the correctional facility is located, (ii) all employee labor organizations operating within, or representing employees of, the correctional facility, and (iii) managerial and confi- dential employees employed within the correctional facility at least [twelve] TWENTY-FOUR months prior to any such closure. S 2. 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, 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 adap- tive 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 property to a local government or other governmental entity; poten- tial for the sale of the property to a private entity for development into a business, residential or other purpose; community input for local development; 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 3. This act shall take effect immediately and shall apply to any notice provided pursuant to subdivision 3 of section 79-a of the correction law, as amended by section one of this act, on or after Janu- ary 1, 2009.

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