Key NY Legislative Caucus Endorses Criminal Justice Bills in Light of Prison Deaths

Members of the Black, Puerto Rican, Hispanic and Asian Legislative Caucus are calling on lawmakers to pass a slate of prison reform bills before the end of the legislative session.

The caucus members are seeking the changes in response to the beating deaths of two incarcerated men by corrections officers in separate New York state correctional facilities in Oneida County. In throwing their weight behind the distilled set of bills, they hope to focus debate and ensure action in the final two weeks of a legislative session that has been slow to respond to calls for greater accountability.

In total, the caucus is backing more than 20 previously-introduced bills under the umbrella of the “Robert Brooks Blueprint for Justice and Reform.” Proposed changes range from expanding diversion programs for individuals with mental health or substance issues, to expand parole eligibility and give oversight groups more authority to investigate cases of alleged misconduct.

Brooks was punched, kicked and stomped at Marcy Correction Facility last December, an assault captured on the officers’ body-worn cameras.

“You know, we’re seeing these instances (of violence) in a visual sense, and it really underscores that we need truth, oversight, and a systematic change,” said Assemblymember Michaelle Solages, a Nassau County Democrat who leads the caucus.

The bills follow months of turmoil in the state’s prisons, also including the death 22-year-old Messiah Nantwi at Mid-State Correctional Facility, and a three-week-long prison strike. The wildcat strike, sparked by staff dissatisfaction over working conditions, forced incarcerated people to go without rehabilitative programming, family visits and reliable medical care for weeks.

“Their deaths are not isolated incidents – they reflect a deeper, ongoing pattern of abuse and a lack of overall accountability that puts both those in custody and correctional staff in harm’s way,” the caucus wrote in a statement.

The approximately 80-member group met with criminal justice advocates and with Brooks’ father, Robert Ricks, to compile the bill package.

The caucus said the bills, if passed and implemented, would hold correctional facilities more accountable for misconduct, implement sentencing reform, create safer conditions in prisons, and expand rehabilitation efforts.

“This blueprint is not just merely a policy on paper,” Solages said. “We want to make sure that that meaningful second chances and pathways to redemption are available and not death sentences. And we want to make sure that we’re passing essential parole and sentencing reform, and ensuring that rehabilitation is triumphing over retribution.”

Several of the bills have seen a bigger push from criminal justice advocates in recent months. The Fair and Timely Parole Bill, for example, would remove a requirement that the parole board consider if an offense is so serious that parole would “undermine respect” for the law. The Second Look Act would allow judges to reconsider “excessive sentences” and allow individuals to share evidence of their rehabilitation.

Other bills are gaining newfound attention.

The “End Health Professional Complicity in Torture” bill would formally ban health workers from “participating in, facilitating, or failing to report” when incarcerated people are tortured in state prisons.

The bill was introduced more than a decade ago but failed to move forward because “people (were) saying it wasn’t necessary,” said Assemblymember Anna Kelles, D-Ithaca.

“Well, I’m sorry, but Messiah and Robert would disagree if they were still alive,” said Kelles, who is co-sponsoring the bill with state Sen. Julia Salazar, D-Brooklyn. “There is a reason why infirmaries in the prison setting are called torture chambers.”

Below is a list of the bills and initiatives that the caucus has backed as part of the package of bills (with Senate and Assembly bill numbers and the sponsoring lawmakers):

Correctional Staff Discipline S1671 (Salazar) / A5355 (Tapia): The bill would allow the commissioner of the Department of Corrections and Community Supervision to make disciplinary decisions regarding cases of staff misconduct.

“Cariol’s Law” S1403 (Sanders) / A4735 (Chandler-Waterman): The bill would establish a duty for police officers to intervene if they see another officer using excessive force.

Correctional Ombudsman Office A6322 (Walker) / S1707 (Salazar): The bill would create an independent office to oversee and investigate complaints in correctional facilities.

Expand Correctional Association of New York’s Authority S651 (Salazar) / A3781 (Weprin): The bill would expand the oversight powers of the Correctional Association of New York by allowing the watchdog group to investigate and report on conditions in correctional facilities.

Publication of Notice of Deaths in Custody S5680 (Salazar) / A1010A (Epstein): The bill would require the state to publicly publish when an individual dies in custody of corrections officers or in a prison.

Incarcerated Death Video Disclosure S3653 (Bailey) / A4028 (Cruz): This bill would require video to be released if it’s related to the death of an incarcerated individual and an corrections officer is involved.

Correctional Officer Body-Worn Camera S3633 (Bailey) / A336 (Jackson): This bill would require the use of body-worn cameras for certain corrections officers.

Members of the SCOC S856 (Salazar) / A2315 (Gallagher): This bill would make the State Commission of Correction, which oversees New York’s correctional facilities, a nine-person body and would require the members to come from career backgrounds besides law enforcement.

Terry Cooper Autopsy Accountability Act S2510 (Salazar) / A5424 (Gallagher): This bill would require that the Medical Review Board receive information after an autopsy for deaths of individuals in correctional facilities.

End Health Professional Complicity in Torture S7865 (Salazar) / A8286 (Kelles): This bill would prohibit health workers from “participating in, facilitating, or failing to report acts of torture against incarcerated individuals.”

DOH Review of Correctional Healthcare S360 (Rivera) / A2149 (Gonzalez-Rojas): This bill would increase the state Department of Health’s authority to “investigate and evaluate healthcare services in correctional facilities. “

Fair & Timely Parole – S159 (Salazar) /A127 (Weprin): This bill would remove a requirement that the parole board consider if an offense is so serious that parole would “undermine respect” for the law.

Elder Parole – A514 (Davila) / S454 (Holyman-Sigal): This bill would expand parole eligibility for individuals over the age of 55 who already have served at least 15 years.

Earned Time Act S342 (Cooney) / A1085 (Kelles): Allows incarcerated individuals to earn time off their sentences through expanded earned time program eligibility.

Second Look Act S158 (Salazar) / A1283 (Walker): Allows judges to reconsider excessive sentences in cases where incarcerated individuals present evidence of rehabilitation.

Program Time Allowances S3974 (Sepulveda) / A206 (Cruz): This bill would address failures for an individual to complete a program for time allowances.

Fair Access to Justice S844 (Salazar) / A649 (Cruz): This bill would suspend the statute of limitations for individuals in custody.

Rights Behind Bars – S3763 (Salazar) / A1261(Forrest): This bill would address instances of officer brutality and violations of the HALT Solitary Confinement Law, and reverse policies that deny individuals family visits and care packages.

Medical Care in Corrections S1138 (Cleare) / A5359 (Wright): This bill would ensure that incarcerated individuals receive timely and appropriate medical care and prohibit the obstruction of medical services.

Protect In-Person Visiting S5037 (Sepulveda) / A4603 (Weprin): This bill would mandate weekend and/or evening visiting hours for incarcerated individuals to meet with family members.

Expanding Programming in Corrections: Would expand education, personal development, and other programs to all state prisons.

Treatment Not Jail S4547 (Ramos) / A4869 (Forrest): Expands diversion programs for individuals with mental health and substance use issues.

Incarceration Mental Health Services A1956 (Solages): Provides comprehensive mental health services.

Story by Jeongyoon Han/New York Public News Network
Jeongyoon Han is a Capitol News Bureau reporter for the New York Public News Network, producing multimedia stories on issues of statewide interest and importance.

Image: Upstate Correctional Facility in Malone, NY. (Credit: Emily Russell/North Country Public Radio)