Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 13, 2024 |
referred to correction delivered to assembly passed senate |
May 08, 2024 |
advanced to third reading |
May 07, 2024 |
2nd report cal. |
May 06, 2024 |
1st report cal.905 |
Apr 16, 2024 |
reported and committed to finance |
Jan 03, 2024 |
referred to children and families returned to senate died in assembly |
Jun 01, 2023 |
referred to correction delivered to assembly passed senate |
May 30, 2023 |
advanced to third reading |
May 24, 2023 |
2nd report cal. |
May 23, 2023 |
1st report cal.1266 |
May 09, 2023 |
reported and committed to finance |
Jan 05, 2023 |
referred to children and families |
Senate Bill S600
2023-2024 Legislative Session
Authorizes the correctional association to inspect residential juvenile detention facilities
download bill text pdfSponsored By
(D, WF) 18th Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 13, 2024
aye (41)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Krueger
- Lanza
- Liu
- Mannion
- May
- Mayer
- Myrie
- Oberacker
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (20)excused (1)
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Floor Vote: Jun 1, 2023
aye (42)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Oberacker
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (16)
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May 6, 2024 - Finance Committee Vote
S60018Aye1Nay1Aye with Reservations0Absent1Excused0AbstainedMay 23, 2023 - Finance Committee Vote
S60016Aye5Nay1Aye with Reservations0Absent0Excused0AbstainedApr 16, 2024 - Children And Families Committee Vote
S6004Aye2Nay0Aye with Reservations0Absent1Excused0Abstained -
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co-Sponsors
(D, WF) 25th Senate District
(D) 32nd Senate District
(D, WF) 52nd Senate District
2023-S600 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7261
- Current Committee:
- Assembly Correction
- Law Section:
- Executive Law
- Laws Affected:
- Amd §503, add §§504-c & 504-d, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10155
2011-2012: A5356
2013-2014: A4107
2015-2016: A3834
2017-2018: A4297
2019-2020: A3936
2021-2022: S8611, A2088
2023-S600 (ACTIVE) - Sponsor Memo
BILL NUMBER: S600 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the executive law, in relation to the powers and duties of the correctional association to inspect residential juvenile facili- ties PURPOSE: This bill would allow the correctional association to act as an inde- pendent, external oversight body with unrestricted access to juvenile placement facilities to monitor and report on OCFS' juvenile justice policies and practices. Additionally, the bill would allow prisoners' legal services of New York to provide legal representation to juveniles and would establish a hotline by which youth in OCFS facilities could make reports of maltreatment or abuse. SUMMARY OF PROVISIONS: Section 1: Amends section 503 of the executive law by adding a new
subdivision 6-a to establish a confidential toll-free hotline for the purpose of reporting abuse and complaints regarding conditions of confinements in OCFS facilities. Section 2: Amends the executive law by adding a new section 504-c to provide the correctional association with authority to inspect OCFS detention facilities and to obtain information and documentation relat- ing to such facilities. Section 3: Amends the executive law by adding a new section 504-d to provide prisoners' legal services with the authority to represent juve- niles in OCFS facilities. Section 4: Sets forth the effective date. JUSTIFICATION: The Correctional Association of New York has provided a watchful eye over New York's prisons ever since its founding in 1844. Their advocacy has led to several important reforms of the prison system including the introduction of several initiatives to improve medical, mental health and substance abuse services and treatment within prisons. Today's juvenile justice facilities are not like adult prisons of 1844, or the prisons of today. But the challenges are similarly difficult. A lengthy investigation by the Department of Justice uncovered shocking abuses by the staff at the State's juvenile justice facilities. These staff persons have used violence to maintain order within the facility, resulting in a number of serious injuries to youth including broken bones, concussions, and bone fractures caused by the twisting of limbs. The Department of Justice also found that mental health services within these facilities were shockingly inadequate. Children often received contradictory mental health diagnoses. Medications were improperly administered, and the medicine's effects were unmonitored. When this bill is enacted, the Correctional Association will provide external, independent oversight over the Office of Children and Family Services' administration of these facilities. Their expertise in correc- tional practice and policy, when paired with their specific expertise in juvenile justice reform, will help guide New York past the difficult reform that is necessary in order to keep our children safe. To compliment the role of the Correctional Association (CA), this bill would also authorize Prisoners' Legal Services of New York to establish a Juvenile Justice Unit vested with the authority to represent the chil- dren in the State's residential juvenile detention facilities. Prison- ers' Legal Services' enforcement role will involve interviewing the youth, reviewing their records, investigating their complaints, and advocating for their rights, safety and well-being. With more than 34 years of experience representing and advocating for the humane treatment of those individuals held in the care of our state, PLS has offices in close proximity to the youth facilities and has the infrastructure and substantive knowledge necessary to address these issues in a timely fashion. PLS is required to notify any appointed Law Guardian to ensure that the best interest of the child continues to be served. This bill also provides for the establishment of a confidential, toll- free hotline for those youth residing in a facility maintained by the Office of Children and Family Services. This hotline will provide an external contact for juveniles' whose rights have been violated or who need legal assistance in a facility matter. The two-pronged approach of empowering both the Correctional Association and Prisoners' Legal Services will increase the likelihood that constitutional violations will be revealed and will be remedied. LEGISLATIVE HISTORY: SENATE: 2022: S8611A (Salazar)- Referred to Children and Families, Committed to Finance, Committed to Rules, Amend, Recommit to Rules ASSEMBLY: No "Same as" FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
2023-S600 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 600 2023-2024 Regular Sessions I N S E N A T E January 5, 2023 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law, in relation to the powers and duties of the correctional association to inspect residential juvenile facil- ities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 503 of the executive law is amended by adding a new subdivision 6-a to read as follows: 6-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ENSURE THAT ALL YOUTH PLACED IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER- ATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES HAVE ACCESS TO A CONFIDENTIAL TOLL-FREE HOTLINE ESTABLISHED BY PRISONERS' LEGAL SERVICES OF NEW YORK PURSUANT TO SUBDIVISION THREE OF SECTION FIVE HUNDRED FOUR-D OF THIS TITLE FOR THE PURPOSES OF REPORTING MALTREATMENT OR ABUSE AND COMPLAINTS REGARDING CONDITIONS OF PLACEMENT OR CONFINEMENT. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALLOW PRISONERS' LEGAL SERVICES OF NEW YORK QUARTERLY ACCESS TO SUCH FACILI- TIES TO ADVISE THE YOUTH OF THEIR PROCEDURAL AND SUBSTANTIVE RIGHTS AND INFORM SUCH YOUTH OF THE HOTLINE. § 2. The executive law is amended by adding a new section 504-c to read as follows: § 504-C. POWERS AND DUTIES OF THE CORRECTIONAL ASSOCIATION OF NEW YORK. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CORRECTIONAL ASSOCIATION OF NEW YORK, BY SUCH COMMITTEES AS THEY SHALL FROM TIME TO TIME APPOINT, SHALL HAVE THE POWER, AUTHORITY AND DUTY TO REGULARLY VISIT, INSPECT, AND EXAMINE ALL SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING ALL PROPERTY, DOCUMENTS, RECORDS, POLICIES, PROCEDURES, STAFF AND ALL SUCH OTHER THINGS MAIN- TAINED OR CONTROLLED BY SUCH FACILITIES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00658-01-3
S. 600 2 2. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO CONDUCT UNANNOUNCED VISITS AT ALL SECURE, LIMITED SECURE AND NON-SECURE FACILI- TIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO ENSURE THE WELFARE OF THE YOUTH IS PROTECTED. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO RECEIVE AND REVIEW COPIES OF ALL INCIDENT REPORTS INVOLVING YOUTH RESIDING IN SUCH FACILI- TIES. IF THE CORRECTIONAL ASSOCIATION LEARNS THAT A YOUTH HAS BEEN MALTREATED OR ABUSED, OR THAT A YOUTH HAS MADE ALLEGATIONS OF MALTREAT- MENT OR ABUSE, THEY SHALL MAKE AN IMMEDIATE REPORT TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, AND TO PRISONERS' LEGAL SERVICES OF NEW YORK. 3. THE CORRECTIONAL ASSOCIATION SHALL HAVE THE AUTHORITY TO HAVE CONFIDENTIAL CONTACT IN PERSON AND IN WRITING WITH THE RESIDENTS AND STAFF OF SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. ALL CONFIDENTIAL INFORMATION THE CORRECTIONAL ASSOCIATION OBTAINS WHILE FULFILLING ITS DUTIES UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY FURNISHING THE INFORMATION SHALL APPLY TO THE CORRECTIONAL ASSOCIATION, PROVIDED THAT THE CORRECTIONAL ASSOCIATION MAY REPORT SUCH INFORMATION RELATED TO THE MALTREATMENT OR ABUSE OF YOUTH AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION. 4. THE CORRECTIONAL ASSOCIATION SHALL ANNUALLY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE CHILDREN AND FAMILIES COMMITTEE IN THE SENATE AND ASSEM- BLY, THE OFFICE OF CHILDREN AND FAMILY SERVICES, LABOR REPRESENTATIVES, AND THE MEDIA REGARDING THE STATE AND CONDITION OF THE SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED AND CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING ANY SUGGESTED REMEDIAL ACTIONS. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL BE PRESENTED BY THE FIRST OF NOVEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION. THE CORRECTIONAL ASSOCIATION SHALL MAKE ALL REPORTS AVAILABLE ON THE INTERNET. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MEET WITH THE CORRECTIONAL ASSOCIATION AND RESPOND IN WRITING TO THE FINDINGS AND RECOMMENDATIONS ISSUED IN THE ANNUAL REPORTS. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL MAKE ITS RESPONSE AVAILABLE ON THE INTERNET. 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS PLACED IN FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE, ONE THOU- SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVENTEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT. § 3. The executive law is amended by adding a new section 504-d to read as follows: § 504-D. POWERS OF PRISONERS' LEGAL SERVICES OF NEW YORK. 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PRISONERS' LEGAL SERVICES, BY AND THROUGH THEIR EMPLOYEES, UPON NOTIFICATION OF A COMPLAINT OF MALTREATMENT OR ABUSE OR A COMPLAINT REGARDING A CONDITION OF PLACEMENT OR CONFINEMENT BY THE CORRECTIONAL ASSOCIATION OF NEW YORK PURSUANT TO SUBDIVISION TWO OF SECTION FIVE HUNDRED FOUR-C OF THIS TITLE, VIA THE HOTLINE ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, OR BY A PARENT, GUARDIAN OR ANY OTHER CONCERNED INDIVIDUAL, S. 600 3 SHALL HAVE THE POWER AND AUTHORITY TO PROVIDE LEGAL REPRESENTATION TO YOUTH RESIDING IN SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPER- ATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING THE POWER AND AUTHORITY TO HAVE CONFIDENTIAL CONTACT VISITS WITH SUCH YOUTH, REVIEW THEIR RECORDS, INVESTIGATE THEIR COMPLAINTS, AND ADVOCATE FOR THEIR RIGHTS, SAFETY AND WELL-BEING. UPON COMMENCING REPRESENTATION OF A YOUTH PURSUANT TO THIS SECTION, PRISON- ERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE ATTORNEY FOR THE CHILD OR RETAINED COUNSEL OR APPOINTED COUNSEL, IF ANY, WHO REPRESENT SUCH YOUTH AT THE TIME THE COMPLAINT IS RECEIVED. UPON COMMENCING REPRESEN- TATION OF A YOUTH PURSUANT TO THIS SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE PARENT, GUARDIAN, OR CUSTODIAN OF THE YOUTH. UPON COMMENCING REPRESENTATION OF A YOUTH PURSUANT TO THIS SECTION, PRISONERS' LEGAL SERVICES SHALL PROVIDE NOTICE TO THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND/OR ENTITY WHICH IS THE TEMPORARY CUSTODIAN OF THE YOUTH OR WHICH FACILITATES THE YOUTH'S PLACEMENT OR CONFINEMENT AT THE TIME THE COMPLAINT IS RECEIVED. 2. PRISONERS' LEGAL SERVICES SHALL HAVE THE AUTHORITY TO INSPECT, REQUEST, RECEIVE AND REVIEW ALL DOCUMENTS ASSOCIATED WITH REPRESENTATION OF A YOUTH PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT NOT LIMITED TO, USE OF FORCE DOCUMENTS, UNUSUAL INCIDENT REPORTS, MEDICAL AND MENTAL HEALTH RECORDS, DISCIPLINARY RECORDS AND PROGRAMMING INSTITUTIONAL RECORDS, PRESENTENCE REPORTS AND COURT RECORDS, INCLUDING SEALED RECORDS, WITHOUT OBTAINING AN UNSEAL ORDER. THE ENTITY PROVIDING DOCUMENTS SHALL HAVE THE AUTHORITY TO REMOVE AND/OR REDACT THE CONFIDEN- TIAL INFORMATION OF ANY YOUTH CONTAINED IN THE DOCUMENTS PROVIDED WHO ARE NOT REPRESENTED BY PRISONERS' LEGAL SERVICES. 3. PRISONERS' LEGAL SERVICES SHALL BE AUTHORIZED TO ESTABLISH A CONFI- DENTIAL TOLL-FREE HOTLINE FOR THE PURPOSE OF RECEIVING REPORTS OF MALTREATMENT OR ABUSE FROM YOUTH RESIDING AT SECURE, LIMITED SECURE AND NON-SECURE FACILITIES OPERATED, MAINTAINED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. 4. ALL CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES PURSUANT TO ITS FUNCTIONS UNDER THIS SECTION SHALL REMAIN CONFIDENTIAL AND ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY FURNISHING THE INFORMATION SHALL APPLY TO PRISONERS' LEGAL SERVICES. CONFIDENTIAL INFORMATION OBTAINED BY PRISONERS' LEGAL SERVICES PURSUANT TO ITS FUNCTIONS UNDER THIS SECTION MAY BE APPENDED TO LEGAL DOCUMENTS AND PLEADINGS AS A SEALED EXHIBIT. 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CHILD WHO IS PLACED IN FOSTER CARE PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-FOUR OR THREE HUNDRED EIGHTY-FOUR-A OF THE SOCIAL SERVICES LAW OR PURSUANT TO SECTION ONE THOUSAND TWENTY-ONE, ONE THOU- SAND TWENTY-TWO, ONE THOUSAND TWENTY-FOUR, ONE THOUSAND TWENTY-SEVEN, OR ONE THOUSAND FIFTY-TWO OF THE FAMILY COURT ACT; OR DIRECTLY PLACED WITH A RELATIVE PURSUANT TO SECTION ONE THOUSAND SEVENTEEN OR ONE THOUSAND FIFTY-FIVE OF THE FAMILY COURT ACT. § 4. This act shall take effect on the sixtieth day after it shall have become a law.
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