Democrats in the New York State Legislature have accomplished their goal of passing a prison reform package in response to the murder of Robert Brooks at Marcy Correctional Facility in December. Whether it rises to the occasion in the eyes of the advocates who have spent the legislative session advocating for it is another question.

Weeks before the legislative session began in January, a package of prison reforms in response to Brooks’ death was galvanized as a priority for lawmakers in the powerful Black, Puerto Rican, Hispanic, and Asian Legislative Caucus. Last Friday they released their own package of more than 20 preferred pieces of legislation, while the actual package approved by legislative leadership and sent to the floor for a vote included nine initiatives wrapped into an omnibus piece of legislation.

Democratic lawmakers held a news conference before the bill's passage Thursday morning in which they characterized the package as an effort to take action by the end of session while ensuring approval by Governor Kathy Hochul is within reach.

Hochul rarely indicates how she will act on a bill before making a decision. 

“This is really a victory today, but our work is so far from complete,” State Senator Julia Salazar, Chair of the Senate Crime Crime Victims and Corrections Committee and a chief architect of the package told reporters. “It is focused on prison accountability, transparency, improving conditions in our state prisons.” 

As first reported by Capital Tonight’s Kate Lisa, the bill:

• Requires 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.
• Works 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.
• Requires 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.

Notably, the package omits the more controversial sentencing and parole reforms long pushed by advocates. Salazar acknowledged that it doesn’t go as far as some would have liked and doesn't stray far from issues of oversight. 

“This is not a comprehensive criminal legal reform omnibus bill; we know there is exceedingly more that we are fighting for,” she said.

Advocates took note. Thomas Gant of the Center for Community Alternatives confessed he and many who have pushed reforms relentlessly this session are disappointed with the package.

“We need something that’s very tangible right now to be put in place that’ll transform prison culture. More oversight does not transform prison culture; it does not give folks on the inside hope; it does not create safety in these institutions,” he said.

Despite the frustration coming from advocates, Robert Brooks Jr., son of Robert Brooks, noted that the package is progress.

“It’s encouraging that the legislature has taken these steps to improve oversight of our prisons," he said. "The rampant abuses that occur by correction officers when no one is watching must stop. I am grateful to Senator Salazar for advocating for incarcerated New Yorkers.” 

Assembly Corrections Committee Chair Erik Dilan urged advocates to keep pushing given that according to him, larger initiatives like the Earned Time Act are closer to consensus within the majority than some may think, but returned to the fact that the package needs to be palatable for Hochul.

Republicans, meanwhile, continue to slam Democrats for taking little action to address the staffing shortage in state prisons exacerbated by the three-week illegal correction officer strike in February and March, and advocates for continuing to push reforms like the Earned Time Act that would have programming implications.

“If you want that to happen in your prisons, you need staff to make that happen. If you want true reform in your prisons, start with staffing. I guarantee it will make a big change,” said Assemblymember Anil Beephan.