Senate and Assembly Democrats late Monday reached an agreement to pass a series of prison reforms to improve accountability in state facilities on the heels of recent deaths of two incarcerated men who had violent encounters with multiple correction officers.
Lawmakers started discussing legislative action to address a culture of prison violence six months ago after the fatal beating of Robert Brooks at Marcy Correctional Facility in December, and the death of 22-year-old Messiah Nantwi who also died at the hands of officers at Mid-State Correctional Facility during the three-week wildcat strike earlier this year.
The omnibus bill introduced Monday night would:
- Require the disclosure of video footage related to the death of an incarcerated person that involves a correctional officer to the state Attorney General's Office of Special Investigation within 72 hours unless it would compromise the investigation.
- Worked with state Attorney General Letitia James' office to remove conflict of interest that has prevented the AG from conducting investigations and forced the appointment of a special prosecutor, like when the office represents employees in multiple cases.
- All prisons must have maintained, fixed cameras throughout facilities on 24 hours a day without blind spots, except interior of cells, showers and toilets.
- Mandates the death of a person in prison must be made public, and next of kin must be notified within 24 hours.
- Adds six people to the state Commission of Correction, up from three currently appointed by the governor. The Assembly speaker, the Senate majority leader and Correctional Association of New York would appoint two commissioners each.
- Extends statute of limitations for an incarcerated person to sue the state for physical or mental injuries or conditions that occurred while they were in custody to three years after their release.
- Directs the state Department of Corrections and Community Supervision to conduct a comprehensive study on deaths in correctional facilities to provide data and recommendations to improve prison conditions.
- Mandates DOCCS Office of Special Investigations release quarterly reports.
- Require autopsy reports include photos of the body, microscopic slides and post-mortem X-rays.
- Allows the Correctional Association of New York to provide 24-hour notice to visit a prison, and have access to public records without having to submit Freedom of Information Law request.
It does not include any parole or sentencing reforms.
The bill was introduced late Monday — giving just enough time for senators to pass the measure before leaving Albany for the year by the end of the week. The Assembly will conclude session June 17.
Multiple lawmakers expressed frustration that the deal to clear both houses does not include more progressive reforms, but others added the package is the first step to address issues in the prison system, which will take several years.
“Everyone wants a quick fix … we have to start changing the system where we can and this is a start,” one lawmaker said after conferencing the agreement. “Do we leave the ability of the attorney general not to prosecute alone because certain aspects that people want [to pass] are not ready yet?"
Many of the reforms included in the package to pass over the next week were included in the wishlist of members of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus released Friday to fix the state's broken correction system.
"Some of them are more controversial than others; there are some don't have external support or parties are not interested in us passing it, but this is a part of the legislative process," caucus chair Assemblywoman Michaelle Solages said.
The caucus pushed for measures to mandate police or correction officers intervene when they see another officer using excessive force, to empower the commissioner of the state Department of Corrections and Community Supervision to make disciplinary decisions about staff misconduct, and sentencing and parole reforms.
Brooks' father, Robert Ricks, was part of negotiations and asked the caucus include longstanding bills to grant a parole hearing to all people in prison ages 55 and older, or based on good behavior.
DOCCS does not comment on pending legislation.
Republican Assemblyman Brian Maher said the reforms backed by Democrats do nothing to address the uptick of violence and ongoing staffing shortage in state prisons — highlighted by a three-week wildcat strike earlier this year.
The governor fired 2,000 COs who participated in the illegal work action and refused to return to work as they demanded changes to the disciplinary system in prisons and the Humane Alternatives to Long-Term Solitary Confinement, or HALT Act, and not just monetary benefits.
About 3,000 members of the National Guard continue to assist in state prisons, according to DOCCS.
Last week, Senate Crime Victims, Crime & Correction Committee chair Julia Salazar and Solages met with Maher and three COs in Albany — two who were terminated during the job action, and one who lost his job because he was out on medical leave at the time.
Jelanie Sandiford, a former CO at Ulster Correctional Facility, lost his job after participating and said violence increased in his facility after HALT became law. He told lawmakers that the Legislature must change the law, or give officers other recourse, to make facilities safer.
"They're not listening at all," he said. "They're going to leave it as it is and you just have to show up to work. It's frustrating. It makes it harder to do the job."
Salazar, who sponsored the HALT Act that limited the use of solitary confinement, said she's opposed to changing it and the state must give prisons the proper funding to successfully implement it.
The officers plan to have other meetings with lawmakers around the state this summer.