File #: Res 0028-2022    Version: * Name: Dept of Corrections and Community Supervision to open its law library during states of emergency and pandemics with safety protocols in place.
Type: Resolution Status: Filed (End of Session)
Committee: Committee on Criminal Justice
On agenda: 2/24/2022
Enactment date: Law number:
Title: Resolution calling on the Department of Corrections and Community Supervision to open its law library during states of emergency and pandemics with safety protocols in place.
Sponsors: Public Advocate Jumaane Williams, Shahana K. Hanif, Tiffany Cabán, Lincoln Restler
Council Member Sponsors: 4
Attachments: 1. Res. No. 28, 2. February 24, 2022 - Stated Meeting Agenda, 3. Hearing Transcript - Stated Meeting 2-24-22, 4. Minutes of the Stated Meeting - February 24, 2022
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2023*Public Advocate Jumaane Williams City Council Filed (End of Session)  Action details Meeting details Not available
2/24/2022*Public Advocate Jumaane Williams City Council Referred to Comm by Council  Action details Meeting details Not available
2/24/2022*Public Advocate Jumaane Williams City Council Introduced by Council  Action details Meeting details Not available

Res. No. 28

 

Resolution calling on the Department of Corrections and Community Supervision to open its law library during states of emergency and pandemics with safety protocols in place.

 

By the Public Advocate (Mr. Williams) and Council Members Hanif, Cabán and Restler

Whereas, The New York State Department of Corrections and Community Supervision (DOCCS), as a result of the U.S. Supreme Court’s decision in Bounds v. Smith, 430 U.S. 813 (1977), is constitutionally required to provide people in state custody with access to the courts either by providing adequate law libraries or adequate legal assistance; and

Whereas, DOCCS’ Department Directive 4483, “Law Libraries, Inmate Legal Assistance and Notary Public Services,” establishes guidelines for the operations of law library programs to meet its constitutional mandate; and

Whereas, Department Directive 4484 requires law libraries in state correctional facilities to open at least six or seven per weeks for seven or six hours per day, and provide notary services, photocopying legal materials, word processing or computer services, and legal writing supplies; and

Whereas, At the height the COVID-19 pandemic, DOCCS closed its law library program as part of an effort to prevent the additional spread of infectious viral transmission of COVID-19 in state correctional facilities; and

Whereas, DOCCS issued a re-opening plan fact sheet that calls for a gradual re-opening of some behavioral health programs and services for incarcerated people, with both staff and people in custody required to wear masks; and

Whereas, While DOCCS has gradually reintroduced general library services with safety protocols in place, the Department has not provided information on when law libraries will be fully  re-opened, according to a December 23, 2021 update to the DOCCS COVID-19 Report regarding the new Omicron variant; and

Whereas, The closure of the law library program curtails access to the courts as people in custody are unable to adequately access basic resources for legal research and notary services, or to prepare legal papers; and

Whereas, Public defenders have identified notary services as an important and necessary resources, as they allow people in custody to get important legal paperwork notarized; and

Whereas, Although COVID-19 has required closure of public places and social distancing, access to a law library is a constitutional right; and

Whereas, DOCCS has demonstrated that it can operate other congregate environments such as programming in a safe fashion and with adherence to public health guidelines; now, therefore, be it

Resolved, That the Council of the City of New York calls upon on the Department of Corrections and Community Supervision to open its law library during states of emergency and pandemics with safety protocols in place.

 

Session 12

AH

LS 5147

01/24/2022

 

 

Session 11

KMD

LS #15951