Directs the commissioner of corrections and community supervision to promulgate rules and regulations to establish and maintain a system for the preservation of data on tier one violations in correctional facilities.
Summary
A08739 would require the Commissioner of Corrections and Community Supervision to adopt rules and regulations creating a system to preserve data on tier one violations in correctional facilities. The preserved data would be kept separately from an incarcerated individual’s institutional record. The bill also makes clear that maintaining this separate data system would not stop a correctional facility from removing a tier one violation from the person’s institutional record.
In practical terms, the bill adds a new recordkeeping requirement to the Correction Law focused on low-level disciplinary violations in prisons and other correctional facilities. It does not change the underlying standards for issuing or removing tier one violations; instead, it directs the department to retain a separate data set for those violations, likely for tracking, oversight, or historical purposes. The bill takes effect immediately upon enactment.
Impact
The bill amends section 112 of the Correction Law by adding a new subdivision requiring the Department of Corrections and Community Supervision to establish and maintain a separate preservation system for tier one violation data. This affects how correctional facilities and the department manage disciplinary records for incarcerated individuals, but it does not alter the authority to remove such violations from an institutional record. The main legal impact is on administrative recordkeeping, data retention, and internal correctional procedures rather than on sentencing, confinement, or disciplinary standards.
Sentiment
The available voting history suggests generally favorable sentiment toward the bill, as the Assembly Correction Committee reported it favorably by an 8-4 vote. With no committee transcript available, there is no detailed public discussion to indicate broader support or opposition arguments. The committee vote, however, indicates that a majority of members saw value in preserving tier one violation data.
Contention
The likely point of contention is the balance between transparency and record relief. Supporters may view separate preservation of tier one violation data as useful for accountability, oversight, and institutional tracking, while opponents may be concerned that retaining data separately could undermine the practical effect of removing a violation from an incarcerated person’s record. Another possible concern is administrative burden on correctional facilities and the department, since the bill requires a new data-preservation system and regulations to implement it.
Same As
Directs the commissioner of corrections and community supervision to promulgate rules and regulations to establish and maintain a system for the preservation of data on tier one violations in correctional facilities.