Criminal Justice (Probation & Parole)

This bill creates a new state board of parole to decide which incarcerated individuals may be released on parole and set conditions for their release. The board will have 17 members: one statewide-elected commissioner (like a governor), 11 district-elected members, and five appointed members (including one by the governor and one by each legislative leader). It directly affects incarcerated people by establishing a formal process for parole decisions, replacing current procedures with this constitutionally created board. The bill specifies the board's structure and appointment rules but does not detail parole eligibility standards or release criteria.

Requires the timely disclosure of video footage or audio recordings related to the death of incarcerated individuals involving correction officers or peace officers to the attorney general's office of special investigations (Part A); relates to establishing comprehensive camera coverage for covered facilities and covered vehicles; repeals certain provisions of the correction law relating to requiring institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); clarifies standards for next of kin notifications where an incarcerated individual dies in custody (Part C); relates to the time within which the state commission of correction shall issue a report to the governor, the temporary president of the senate and the speaker of the assembly of the findings of a study on deaths in state correctional facilities within the state of New York (Part D); provides access to microscopic slides upon request for certain autopsies (Part E); intentionally omitted (Part F); relates to data on substantiated, unfounded, and unsubstantiated allegations received by the office of special investigations required to be collected and reported by the commissioner of corrections and community supervision (Part G); relates to the state commission of correction; provides for the manner of confirmation of such members; relates to the effectiveness of such provisions (Part H); authorizes the correctional association to visit correctional facilities with twenty-four hours advance notice and grants the correctional association access to certain records and information of correctional facilities (Part I); provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to two years after such person is released from such custody (Part J).

This bill requires incarcerated individuals released early by the governor due to prison staffing shortages to complete community service, such as litter removal, as a condition of release. It applies only to those released through executive clemency for staffing reasons, excluding individuals with pardons, on parole, or who have served full sentences. Courts may waive the requirement for disabilities, substance abuse treatment, or other valid reasons, and community service must not displace paid workers or disrupt existing service contracts. The law takes effect immediately upon enactment.

Prohibits persons convicted of murder or sentenced to life without parole or where the defendant acting either alone or with one or more other persons, commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, such defendant, or another participant, if there be any, intentionally causes the death of: a police officer; a peace officer; a firefighter; emergency medical technician, ambulance driver, paramedic, physician or registered nurse involved in a first response team, or any other individual who, in the course of official duties, performs emergency response; or an employee of a state correctional institution or was an employee of a local correctional facility, when such person was engaged in the course of performing their official duties, from being eligible for commutation of sentence.

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).

This bill requires sex offenders in New York to report every residential address they occupy, including multiple or part-time residences, to the state sex offender registry within 10 days of any change. It also mandates reporting changes in educational status (such as enrollment or employment at institutions of higher education) within the same 10-day window, with a $10 fee for each report. Parole and probation officers must notify the registry within 48 hours of any such change, though failure to pay the fee does not prevent the report from being accepted. The law applies directly to sex offenders under parole, probation, or post-release supervision.

Provides for the imposition of a sentence of life imprisonment without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.

Permits the state and local municipalities to purchase from sources other than the correctional industries program of the department of corrections and community supervision.

Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status; prohibits an educational agency, higher education agency, school employee, school safety personnel, or third-party contractor from collecting information about a person's citizenship, immigration status, nationality, or country of origin, unless required by law or necessary to administer a public program or benefit sought by such person.

Permits emergency medical parole during a time of crisis to those that have a disability and who are at serious risk for death, disease or other harm due to an emergency disaster being declared provided such person has a reasonably stable living situation upon release and does not pose an unreasonable current public safety risk.