Lawmakers Split Over Governor—s Authority to Close Up to Five Prisons in Budget Proposal

Assembly and Senate members opened the joint budget subcommittee hearing on public protection, criminal justice and the judiciary with sharply differing views over language in the executive budget that would authorize the governor to close up to five correctional facilities on an accelerated timetable.

Assemblymember Jeffrey Dinowitz, chair of the Assembly Codes Committee and chair of the Public Protection Subcommittee, presided over the session. "We'd appreciate it if people try to keep their remarks a minute or under," Dinowitz said as the committee began.

The dispute centered on the governor's proposed authority to close facilities this fiscal year. "The 5 prison closures where we have strong opposition to, especially in 90 days, that's an insult and and a slap in the face," said Mr. Palmisano, speaking for the assembly minority, who expressed concern about staff morale, recruitment and the needs of county jails that hold people awaiting state placement. Palmisano also cited recent internal figures, saying assaults on staff have risen 76 percent, assaults on incarcerated people 69 percent and contraband incidents 32 percent since implementation of the HALT Solitary Confinement Act.

Senator Julia Salazar, a member of the Senate delegation, said she supports the executive budget provision to allow up to five facility closures. "It is important that facilities be adequately staffed and that they are able to operate efficiently, and that is the motivation behind closing facilities in order to consolidate," Salazar said. She added that New York has seen a substantial decrease in its incarcerated population over recent decades and that consolidations could promote safety and efficiency.

Senator Tom O'Mara urged caution and opposed the closures. "I certainly oppose that," O'Mara said, arguing the budget misses an opportunity to address prison conditions and safety directly. O'Mara noted that, while long-term population declines exist, the prison population has been increasing recently and that the executive branch previously testified no closures were needed before the amendment inserting closures into the budget.

Multiple lawmakers referenced the HALT Solitary Confinement Act and its partial implementation. Salazar said the HALT Act "has actually not been fully implemented, even though it should have been, over the past nearly four years since it became law," citing an inspector general—s report. Several members said that incomplete implementation of HALT and the rise in assaults and contraband underscore the need to address operational and safety issues in facilities before or alongside consolidation.

Members also discussed discovery law changes proposed by the governor. Palmisano and O'Mara criticized the majority for not accepting the governor's modest discovery-law amendments, arguing repeated dismissals of prosecutions on technical discovery violations harm victims and public safety. Other members flagged support for several policy priorities the subcommittee will review, including funding for community violence intervention programs, subway and transit security, gun violence prevention, parental representation, indigent defense and alternatives to incarceration.

The co-chairs outlined the agencies and programs the subcommittee will review in the budget process, including the Office of Court Administration; Department of Corrections and Community Supervision; Division of Criminal Justice Services; Division of State Police; Office of Indigent Legal Services; Office of Victim Services; and volunteer fire department grant programs. Senator Zellnor Myrie, co-chair of the joint subcommittee, said the panel will work with the Senate and the executive branch "to secure critical funding for public safety in New York."

No formal votes or motions were recorded during the opening remarks and initial policy statements included in the transcript. Committee staff were identified: Brandon Bernard as recording secretary for the Senate and Hannah Gauffier as recording secretary for the Assembly.

The subcommittee's next steps, as stated by members, are continued staff work with members on the specific budget items and policy proposals named during the session.