Gov. Kathy Hochul on Friday signed a law to improve oversight in state prisons 10 days after the anniversary of the death of Robert Brooks — an incarcerated man fatally beaten by correction officers at Marcy Correctional Facility last year.
The governor, state Department of Corrections and Community Supervision and lawmakers reached a deal late Friday morning on the omnibus bill passed by the Legislature in June. The original proposal sought to mandate cameras in all parts of a facility, including blind spots, and increase accountability and transparency when a death happens in a prison.
The law was changed to require prisons and local jails to have 24-hour surveillance cameras in all areas excluding the interiors of cells, showers and toilet areas, and gives the department more time to install them. Fixed cameras will also be mandated in DOCCS vehicles.
“I appreciate that Gov. Hochul signed the prison reform omnibus bill with negotiated chapter amendments into law, bringing some of the desperately needed transparency, oversight and accountability to our state prisons,” Senate Crime Victims, Crime and Correction Committee chair Julia Salazar said in a statement. “Although the to-be-enacted bill does not include everything we had hoped for, it is nonetheless a serious step toward making New York state prisons less violent. For too long, our prisons have been plagued by staff abuse toward incarcerated individuals, with little to no recourse.”
The original bill also mandated disclosing the footage of a prison death to the state attorney general’s office within 72 hours. The 72-hour requirement was removed, and the law allows mandate a correction officer or peace officer to disclose the footage in “a good faith effort” to the attorney general’s Office of Special Investigation. Additional footage found must be released to the attorney general within 24 hours.
“Every single individual who enters our prisons deserves to be safe, whether they are employed there or serving their time,” Hochul said in a statement.
The new law mandates DOCCS to notify the next of kin of the death of a person in prison within 48 hours — up from 24 hours in the initial legislation. The Legislature prioritized the reforms after Brooks’ death, and officers beating Messiah Nantwi to death while thousands of COs participated in an illegal wildcat strike earlier this year.
“Just last December, correctional officers brutally murdered Robert Brooks, a young, Black man, and then a few months later, correctional officers murdered Messiah Nantwi, another young, Black man,” Salazar said. “These are just two men whose murders we are aware of, but there are plenty of others whose names we will never know. The prison reform omnibus bill is not the end of our struggle. I look forward to ensuring this law is properly implemented and to continuing our fight for reform, including parole justice, sentencing reform, expanded pathways home, and treatment in place of incarceration. This is how we will reduce prison violence and make our communities truly safe.”
The final bill also includes:
Directs the State Commission of Correction to conduct a study on deaths in state prisons over the last 10 years, to provide data-driven insights and recommendations to improve conditions, healthcare and protective policies.
Requires autopsy reports to include all photographs, microscopic slides and post-mortem X-rays when someone dies or is killed in a state prison or jail.
Sets guardrails to alleviate conflicts of interest in the Office of Special Investigations in the state Attorney General’s office.
Requires DOCCS to collect and report data quarterly to the Legislature and the governor on complaints received and their outcomes.
Expands and diversifies the commissioners on the State Commission of Correction and requires that they include a formerly incarcerated person, and people with expertise in behavioral health, mental health, and prisoners’ rights litigation. A provision was removed that would have relinquished some of the governor’s power to appoint members to the commission.
Authorizes the Correctional Association of New York (CANY) to visit facilities with a 24-hour notice and expand their access to records and information.
Suspends the statute of limitations for incarcerated people until three years after they are released from state custody to ensure legal claims are not forfeited related to physical, psychological or other injury or condition suffered in custody.
“In the wake of the horrific murders of Robert Brooks and Messiah Nantwi at the hands of correctional staff, the Department has undertaken the difficult but necessary work of reform focused on strengthening safety, transparency, and accountability across our system,” DOCCS Commissioner Daniel Martuscello III said.
A former Marcy Correction officer was sentenced Friday to 25 years to life in prison for second-degree murder and 25 years for first-degree manslaughter in Brooks’ death. Another was convicted last month who pleaded guilty to second-degree manslaughter.
This story is developing. Check back for more details.