Relates to the reuse plan for those prisons that are proposed to be closed.
Ayes (30): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Volker, LaValle, Seward, Saland, Farley, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (2): Padavan, Hannon
Excused (1): Johnson O
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7068
TITLE OF BILL : An act to amend the correction law, in relation to the reuse plan for proposed prison closures
PURPOSE : To require the commissioner of economic development rather than the commissioner of the department of correctional services to issue an adaptive reuse plan for state prison facilities slated for closure.
SUMMARY OF PROVISIONS : Section 1 of the bill amends section 79-b of the correction law to require the commissioner of economic development to issue an adaptive reuse plan for state prison facilities slated for closure. The bill also adds the commissioner of the office of general services and local government officials to the list of stakeholders that should be consulted in preparing such adaptive reuse plan.
JUSTIFICATION : Current law requires the commissioner of the department of correctional services. (DOCS) to provide at least twelve months notice of a prison closure to all local governments of any political subdivision in which the correctional facility is located as well as to the relevant labor organizations. In addition, the DOCS commissioner is charged with issuing an adaptive reuse plan for state prison facilities slated for closure. Such plan must be issued no later than six months prior to the effective date of the facility closure.
While the DOCS commissioner is in the best position to determine when it's necessary to close a state correctional facility, he is not in the best position to determine the most appropriate and economically viable reuse of such facility once it is closed. Since the closure of state correctional facilities can often have significant economic consequences for the local community in which the facility is located, the commissioner of economic development - with oversight of all economic development issues throughout New York State - is best positioned to develop and issue a reuse plan. Therefore, this bill shifts the responsibility to issue a reuse plan for prisons slated for closure to the commissioner of economic development. Further, all stakeholders should be consulted in the development of a reuse plan. This bill makes clear that local government officials as well as other relevant agencies and authorities must be consulted.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7068 IN SENATE March 10, 2010 ___________Introduced by Sen. HASSELL-THOMPSON -- 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 reuse plan for proposed prison closures 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 commissioner OF ECONOMIC DEVELOPMENT shall, in consultation with THE COMMISSIONER, the commissioners of
[economic development,]civil service, GENERAL SERVICES and the division of crimi- nal justice services [and], the director of the governor's office of employee relations, OFFICIALS OF ALL LOCAL GOVERNMENTS OF ANY POLITICAL SUBDIVISION IN WHICH THE CORRECTIONAL FACILITY IS LOCATED AND ANY OTHER APPROPRIATE STATE AGENCIES OR AUTHORITIES, provide 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 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15379-01-0