Bill > A05355

This bill establishes a comprehensive disciplinary framework for employees of the New York State Department of Corrections and Community Supervision who engage in serious misconduct. The bill defines serious misconduct as actions including excessive use of force, false reporting about such force, intentionally failing to report excessive force, introducing prohibited items like cellular devices or controlled substances into correctional facilities, or engaging in inappropriate sexual relationships with incarcerated individuals or people under community supervision. The legislation provides a specific disciplinary process that overrides existing collective bargaining agreements, allowing the commissioner to take action against employees in certain civil service classes. The disciplinary procedures include providing employees with representation rights during investigations, holding hearings with a designated hearing officer, and potential penalties ranging from reprimand letters to complete dismissal. Notably, employees found guilty of serious misconduct can be removed from their positions and prohibited from being placed on future eligible lists. The bill also gives the commissioner discretion to terminate employees convicted of crimes if continued employment would not be in the department's best interest. The provisions will take effect after the current collective bargaining agreement expires and cannot be modified by future agreements, ensuring a consistent disciplinary approach for serious misconduct in corrections.

Justice

https://www.nysenate.gov/legislation/bills/2025/A5355