Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the crime rate in New York State has dropped
dramatically over the past decade and alternatives to incarceration have helped
direct individuals convicted of many non-violent crimes into programs outside
of conventional, traditional correctional facilities;
WHEREAS, as a result, the State prison population has
declined by more than 20 percent over the last eleven years, but only five
small facilities have been closed;
WHEREAS, the cost of maintaining the resulting empty,
unused prison capacity in New York State has forced New York State to redirect
resources away from many other budgetary priorities into facility maintenance
that no longer serves the safety needs of New Yorkers;
WHEREAS, New York State now faces serious financial
challenges in achieving a balanced budget in the 2011-12 State Fiscal Year so
that its current fiscal constraints necessitate specific reductions in
spending;
WHEREAS, the budget for the 2011-12 State Fiscal Year, to
be in balance, requires the elimination of excess prison capacity and the
closure of minimum and medium security correctional facilities that can be
closed without compromising the safety of inmates and employees; and
WHEREAS, the closure of correctional facilities is a matter
of great concern to both the affected communities and their representatives in
the Legislature;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
laws of the State of New York, do hereby order as follows:
A. Prison Closure Advisory Task Force
1. There is hereby established the Prison
Closure Advisory Task Force ("Task Force") that shall recommend correctional
facilities classified as minimum security level and medium security level for
closure during the 2011-12 State Fiscal Year sufficient to reduce excess
capacity to achieve the savings provided for in the State Operations
Appropriation Bill submitted by the Executive.
2. The Governor shall appoint 16 voting
members of the Task Force, which shall include: ten persons with expertise in
such areas as the provision of correctional services, state budgeting, business
or governmental operations, labor relations, or other relevant expertise; three
members of the New York State Assembly, two recommended by the Speaker of the
Assembly and one recommended by the Minority Leader of the Assembly; and three
members of the New York State Senate, two recommended by the Temporary
President of the Senate and one recommended by the Minority Leader of the
Senate. The Commissioner of Correctional Services shall serve as Chair and
shall be a voting member of the Task Force.
3. Vacancies shall be filled by the Governor,
and the Governor may appoint additional voting and non-voting members to the
Task Force as necessary. Members of the Task Force shall serve at the pleasure
of the Governor.
4. A majority of
the total members of the Task Force who have been appointed shall constitute a
quorum, and all recommendations of the Task Force shall require approval of a
majority of its total members.
B. Cooperation with the Task Force
1. Every agency or authority of New York
State shall provide to the Task Force every assistance and cooperation,
including use of New York State facilities, which may be necessary or desirable
to fulfill the purposes of this Executive Order.
2. Staff support necessary for the conduct of
the Task Force's work may be furnished by agencies and authorities, subject to
the approval of the boards of directors of such authorities.
C. Duties and Purpose
1. The Task Force is charged with identifying
minimum and medium security facilities for closure in the State Fiscal Year
beginning April 1, 2011, sufficient to reduce unneeded excess capacity in the
state prison system. In making its selections, the Task Force shall consider
the following, non-exclusive list of criteria:
a. efficiency and cost of operations of the
facility;
b. physical
characteristics and condition of a facility;
c. location of the facility and the ease and
cost of transportation;
d. cost and
method of power generation;
e.
planned capital investments and status of maintenance;
f. impact on the workforce of the
closure;
g. excess capacity;
and
h. the fiscal constraints in
the Executive Budget submitted for State Fiscal Year 2011-12.
2. The Task Force shall commence
its work within 10 days of enactment of the State Operations Appropriation
bill. The Task Force's recommendations shall be transmitted to the Governor,
the Temporary President of the Senate, the Speaker of the Assembly, the
Minority Leader of the Senate, and the Minority Leader of the Assembly within
30 days, at which time it shall terminate its work and be relieved of all
responsibilities and duties hereunder.
3. Provided that such recommendations are
made in accord with the terms of this Executive Order, the Commissioner of
Correctional Services shall take into account such recommendations in
determining which correctional facilities he shall direct to close.
Signed: Andrew M. CuomoDated: February 9, 2011
[FN*] [Revoked by Executive Order No. 13 (Andrew M. Cuomo),
infra.]
