2019 New York Laws
COR - Correction
Article 2 - Department of Corrections and Community Supervision
29 - Department Statistics.

§  29.  Department  statistics.  * 1. The department shall continue to
collect, maintain, and analyze statistical  and  other  information  and
data  with  respect  to  persons  subject  to  the  jurisdiction  of the
department, including but  not  limited  to:  (a)  the  number  of  such
persons: placed in the custody of the department, assigned to a specific
department   program,   accorded   community  supervision  and  declared
delinquent,  recommitted  to  a  state  correctional  institution   upon
revocation   of   community  supervision,  or  discharged  upon  maximum
expiration of sentence; (b) the criminal history of  such  persons;  (c)
the  social,  educational,  and  vocational  circumstances  of  any such
persons; and, (d) the institutional and community  supervision  programs
and  the  behavior  of such persons. Provided, however, in the event any
statistical  information  on  the  ethnic  background  of   the   inmate
population  of a correctional facility or facilities is collected by the
department, such statistical  information  shall  contain,  but  not  be
limited  to, the following ethnic categories: (i) Caucasian; (ii) Asian;
(iii)  American  Indian;  (iv)  Afro-American/Black;  and  (v)   Spanish
speaking/Hispanic  which  category shall include, but not be limited to,
the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
  * NB Effective until May 9, 2020
  * 1.  The  department shall continue to collect, maintain, and analyze
statistical and other information  and  data  with  respect  to  persons
subject to the jurisdiction of the department, including but not limited
to:  (a)  the  number  of  such  persons:  placed  in the custody of the
department,  assigned  to  a  specific  department   program,   accorded
community  supervision  and  declared delinquent, recommitted to a state
correctional institution upon revocation of  community  supervision,  or
discharged upon maximum expiration of sentence; (b) the criminal history
of   such   persons;   (c)   the  social,  educational,  and  vocational
circumstances of any such persons; (d) the institutional  and  community
supervision  programs  and  the  behavior  of such persons; and, (e) the
military background and circumstances, if  such  person  served  in  the
United  States  armed  forces.  Provided,  however,  in  the  event  any
statistical  information  on  the  ethnic  background  of   the   inmate
population  of a correctional facility or facilities is collected by the
department, such statistical  information  shall  contain,  but  not  be
limited  to, the following ethnic categories: (i) Caucasian; (ii) Asian;
(iii)  American  Indian;  (iv)  Afro-American/Black;  and  (v)   Spanish
speaking/Hispanic  which  category shall include, but not be limited to,
the following  subcategories  consisting  of:  (1)  Puerto  Ricans;  (2)
Cubans; (3) Dominicans; and (4) other Hispanic nationalities.
  * NB Effective May 9, 2020
  2.  The  commissioner  shall  make rules as to the privacy of records,
statistics and other information collected, obtained and  maintained  by
the  department, its institutions or the board of parole and information
obtained in an official  capacity  by  officers,  employees  or  members
thereof.
  3.  The  commissioner  shall  have  access  to  records  and  criminal
statistics collected by the division of criminal  justice  services  and
the  commissioner  of  criminal  justice  services  shall have access to
records  and  criminal  statistics  collected  by  the   department   of
corrections   and   community   supervision,   as  the  commissioner  of
corrections and community supervision and the commissioner  of  criminal
justice services shall mutually determine.
  4.  (a)  The  commissioner  shall  provide  an  annual  report  to the
legislature on  the  staffing  of  correction  officers  and  correction
sergeants  in  state correctional facilities. Such report shall include,

but not be limited to the following  factors:  the  number  of  security
posts  on  the current plot plan for each facility that have been closed
on a daily  basis,  by  correctional  facility  security  classification
(minimum,   medium  and  maximum);  the  number  of  security  positions
eliminated by correctional facility since two thousand compared  to  the
number  of  inmates  incarcerated  in each such facility; a breakdown by
correctional facility  security  classification  (minimum,  medium,  and
maximum)  of  the  staff  hours  of  overtime  worked, by year since two
thousand and the annual aggregate costs related  to  this  overtime.  In
addition,  such  report  shall  be  delineated  by correctional facility
security  classification,  the  annual  number  of  security   positions
eliminated,  the  number  of  closed  posts and amount of staff hours of
overtime accrued as well  as  the  overall  overtime  expenditures  that
resulted.  Such  report  shall  be  provided to the chairs of the senate
finance, assembly ways and  means,  senate  crime  and  corrections  and
assembly  correction committees, and posted on the department's website,
annually by February first.
  (b) Such report shall also include but not be limited  to:  the  total
number  of  correctional facilities in operation which are maintained by
the department, the security level of each facility, the number of  beds
at  each  facility  as  of  December  thirty-first of the prior year, as
classified by the department, and the number of empty beds, if  any,  by
such classification as of such date.