Hochul Enacts Revised Prison Reform Package into Law

Governor Kathy Hochul has enacted a significant prison reform bill aimed at enhancing oversight and accountability within New York state prisons. This legislative action comes just 10 days after the anniversary of Robert Brooks’ death, who was fatally beaten by correction officers at Marcy Correctional Facility last year.

Key Features of the Revised Prison Reform Package

Signed into law on a Friday, the revised package reflects a collaboration between Governor Hochul, the state Department of Corrections and Community Supervision (DOCCS), and lawmakers. The law amends the original omnibus bill passed in June and introduces critical changes designed to increase transparency in the penal system.

• The law mandates that prisons and local jails install 24-hour surveillance cameras in all areas, excluding cell interiors, showers, and toilet areas.
• Fixed cameras in DOCCS vehicles will also be required.
• The timeline for installation has been extended, allowing more time for compliance.

Changes to Footage Disclosure

Initially, the law required prison death footage to be submitted to the state Attorney General’s office within 72 hours. However, this requirement has been modified. Now, a correction officer may disclose footage in a “good faith effort” to the Attorney General’s Office of Special Investigation, with additional footage needing to be released within 24 hours if found.

New Notifications and Accountability Measures

The legislation now requires DOCCS to inform the next of kin of a death within 48 hours, compared to the previous 24-hour timeframe. These reforms were prioritized following Brooks’ death, as well as the violent incident involving another inmate, Messiah Nantwi.

Comprehensive Review and Additional Reforms

The prison reform package also includes provisions for a comprehensive review of state prison deaths over the past decade. This study will provide data-driven insights and recommendations aimed at improving conditions and healthcare.

Other notable reforms include:

• Autopsy reports must now include all relevant photographs and details in cases of deaths within state prisons or jails.
• Measures to reduce conflicts of interest within the Office of Special Investigations.
• Quarterly reporting by DOCCS on complaints and their resolutions to the Legislature and the Governor.
• Expansion of the State Commission of Correction’s membership to include formerly incarcerated individuals and experts in behavioral health.
• Authorization for the Correctional Association of New York to visit facilities with 24-hour notice.
• The statute of limitations for incarcerated individuals is suspended for three years post-release, safeguarding their rights regarding legal claims.

Commitment to Ongoing Reform

DOCCS Commissioner Daniel Martuscello III emphasized the department’s commitment to reforming the penal system, stating that the efforts are designed to bolster safety, transparency, and accountability in the wake of tragic events involving correctional staff.

The passage of this revised prison reform package marks a critical step toward addressing violence and ensuring that all individuals within the penal system are treated with dignity and respect. The struggle for improved conditions and policies continues, as advocates push for comprehensive reform that extends beyond this legislative action.