New YorkA 95162025-2026 Regular SessionHouseWALLET

Enacts into law components of legislation necessary to implement changes to the omnibus bill of 2025 related to correctional services

Sponsored By: Erik Dilan (Democratic)

Signed by Governor

CORRECTIONCODESRULES

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 7 benefits, 1 costs, 3 mixed.

Part-time prison commissioners receive daily pay

Part-time members of the State Commission of Correction receive $500 for each day of work actually performed. Each member can receive no more than $50,000 in a calendar year.

More time to sue over custody injuries

People with covered physical, psychological, or other custody injuries keep the usual filing deadline and get two years after release. This covers specified state and local facilities, but excludes people under community supervision. Claims revived by this rule need no advance notice of claim or notice of intention to file. A separate Court of Claims rule also does not apply to those revived claims. These exceptions do not cover claims timely under the usual deadline; courts must consider proof problems caused by incarceration. The rules cover custody periods ending on or after the effective date, which follows the referenced 2025 law. They do not restore claims already time-barred before that date.

Private prison watchdog contact, fewer listed options

The Correctional Association can meet privately with incarcerated people in housing units, attorney visiting rooms, or other confidential spaces. Meetings must be reasonable in number; corrections employees cannot attend or listen without the Association’s consent. The Association can also offer free hotline calls that the corrections department cannot track or monitor. Email is no longer listed as a contact method.

Legal requests secure prison camera evidence

Covered fixed-camera footage must be provided for an investigation or legal case involving a covered facility. The formal request must include a valid subpoena or an order from a court with authority over the matter. This includes covered footage from facilities and vehicles. Other disclosures allowed by law, court order, or lawful process remain permitted. The rule does not create general public access without legal process.

More prison cameras and longer evidence storage

Within 180 days after this section takes effect, the corrections commissioner must prepare a fixed-camera plan and issue operating rules. The plan covers state-operated institutions, facilities, and transport vehicles; implementation depends on appropriated funds. Coverage excludes cell, shower, and toilet interiors, while covered vehicles need coverage whenever occupied. Rules must address inspections, repairs, coverage gaps, and storage: footage stays at least 60 days, or five years for covered staff-misconduct or crime inquiries. Longer retention applies when required by law, an investigation, litigation hold, or administrative proceeding. Annual public reports begin after one year, and the State Inspector General can investigate compliance complaints and audit facilities. The law also repeals the earlier camera-standards section covering state institutions and local facilities.

Oversight officials get fuller custody autopsy evidence

Autopsy report copies for covered deaths must include body photos and post-mortem x-rays. This covers incarcerated people and service recipients residing in covered facilities. Reports may omit microscopic slide images, but must disclose the omission. On request, coroners and medical examiners must promptly allow slide inspection or provide images when practical. Eligible requesters are the Correction Medical Review Board chair, corrections commissioner, and Justice Center executive director.

Prison watchdog gains quarterly records access

The Correctional Association can request specified prison records every three months. The corrections department must provide them when practical, in the form and manner it sets. Records include individual custody and parole information, staffing, custody deaths, and unusual incidents. They also cover discipline, grievances, and participation in programs and academic or vocational education.

Prison watchdog gets more meeting access

After 24 hours’ notice, facility leaders must meet with the Correctional Association at a visit’s start or end, when practical. The Association no longer needs to request that meeting. With 24 hours’ notice and the other party’s consent, it can meet privately with service providers and recognized incarcerated-person groups. Central-office representatives do not attend those private meetings. Visits to areas staffed by the Office of Mental Health also require 24 hours’ notice to that office, besides corrections notice.

Prison watchdog faces limits, fewer response duties

The corrections department can restrict Correctional Association visits during lockdowns or facility-wide emergencies. The commissioner or a designee determines emergencies, including significant risks to safety, security, health, or operations. Access restrictions affecting part of a facility last only for the emergency’s duration. The Association no longer must prioritize inspections by systemic problems, but must still inspect every facility at least once every five years. The commissioner can respond to a tentative report within 60 days; the response no longer needs an action plan.

Faster custody death evidence, limited public release

When a state or local correctional or peace officer is involved in a custody death, officials must seek related recordings. They must make reasonable, good-faith efforts to disclose recordings within 72 hours to the Attorney General’s Office of Special Investigation. That office determines which recordings relate to the death. Later-found recordings must be disclosed within 24 hours of discovery, with details explaining how they were found. The Attorney General must keep covered recordings confidential and follow the office’s video-release policy for redactions. Release can be delayed to protect an ongoing criminal investigation or prosecution, or at the family’s request.

Prison medical board membership and leadership change

Part-time State Commission of Correction members join the Correction Medical Review Board. The Governor selects its chair from full-time Commission members, excluding the Commission chair and council chair. Six other members remain Governor-appointed and Senate-approved. They include a licensed physician, board-certified forensic pathologist, board-certified forensic psychiatrist, New York attorney, and two at-large members.

Sponsors & Cosponsors

Sponsor

  • Erik Dilan

    Democratic • House

Cosponsors

  • David Weprin

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 134 • No: 66

Senate vote • 1/28/2026

FLOOR Vote

Yes: 37 • No: 22

House vote • 1/28/2026

Assembly floor vote

Yes: 97 • No: 44

Actions Timeline

  1. SIGNED CHAP.36

    2/13/2026House
  2. DELIVERED TO GOVERNOR

    2/13/2026House
  3. RETURNED TO ASSEMBLY

    1/28/2026Senate
  4. PASSED SENATE

    1/28/2026Senate
  5. 3RD READING CAL.44

    1/28/2026Senate
  6. SUBSTITUTED FOR S8825

    1/28/2026Senate
  7. REFERRED TO RULES

    1/28/2026Senate
  8. DELIVERED TO SENATE

    1/28/2026House
  9. PASSED ASSEMBLY

    1/28/2026House
  10. ORDERED TO THIRD READING RULES CAL.71

    1/28/2026House
  11. RULES REPORT CAL.71

    1/28/2026House
  12. REPORTED

    1/28/2026House
  13. REPORTED REFERRED TO RULES

    1/28/2026House
  14. REPORTED REFERRED TO CODES

    1/28/2026House
  15. REFERRED TO CORRECTION

    1/12/2026House

Bill Text

  • Original

    1/12/2026

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