§ 41 — State commission of correction; organization

§ 41. State commission of correction; organization. * 1. (a) There\nshall be within the executive department a state commission of\ncorrection. It shall consist of nine persons, three of whom shall be\nappointed by the governor, two of whom shall be appointed by the speaker\nof the assembly, two of whom shall be appointed by the temporary\npresident of the senate, and two of whom shall be appointed by the\ncorrectional association.\n (b) The members appointed shall include, but not be limited to, at\nleast one of each of the following:\n (i) a person formerly incarcerated in a correctional facility located\nin New York;\n (ii) a public health professional;\n (iii) a behavioral healthcare professional;\n (iv) an attorney duly licensed to practice in this state who has a\nprofessional background in indigent criminal defense services or\nprisoner's rights litigation; and\n (v) a professional in any other field deemed useful for the promotion\nof an efficient, humane, and lawful correctional system.\n (c) The members of the commission shall annually designate one of the\nappointed members as chairperson to serve at such members of the\ncommission's pleasure. The members shall devote full time to their\nduties and shall hold no other salaried public position.\n * NB Effective until May 9, 2026\n * 1. (a) There shall be within the executive department a state\ncommission of correction. It shall consist of nine persons, three of\nwhom shall be appointed by the governor, two of whom shall be appointed\nby the speaker of the assembly, two of whom shall be appointed by the\ntemporary president of the senate, and two of whom shall be appointed by\nthe correctional association.\n (b) The members appointed shall include, but not be limited to, at\nleast one of each of the following:\n (i) a person formerly incarcerated in a correctional facility located\nin New York;\n (ii) a public health professional;\n (iii) a behavioral healthcare professional;\n (iv) an attorney duly licensed to practice in this state who has a\nprofessional background in indigent criminal defense services or\nprisoner's rights litigation; and\n (v) a professional in any other field deemed useful for the promotion\nof an efficient, humane, and lawful correctional system.\n (c) The members of the commission shall annually designate one of the\nappointed members as chairperson to serve at such members of the\ncommission's pleasure. The members shall devote full time to their\nduties and shall hold no other salaried public position.\n * NB Effective May 9, 2026\n 2. The members shall hold office for terms of five years; provided\nthat the first two members appointed by the speaker of the assembly\nshall serve for a term of two years; the first two members appointed by\nthe temporary president of the senate shall serve for a term of three\nyears; and the first two members appointed by the correctional\nassociation shall serve for a term of four years. No member shall serve\nfor more than ten years. Any member of the commission may be removed by\nthe appointing authority who nominated the member for cause after an\nopportunity to be heard in such member's defense.\n 3. Any member chosen to fill a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nmember whom such new member is to succeed. Vacancies caused by\nexpiration of term or otherwise shall be filled in the same manner as\noriginal appointments.\n