Hochul Signs Prison Reform Bill Amid Criticism It Falls Short

Governor Kathy Hochul signed a package of prison reform bills on Friday, declaring it “landmark” legislation designed to improve safety for both incarcerated individuals and corrections staff. But the measure, which comes after the high-profile deaths of Robert Brooks and Messiah Nantwi in state custody, is already drawing criticism from advocates who say it fails to deliver the deeper changes New York’s prison system desperately needs.

The omnibus legislation enacts ten changes to state law intended to increase transparency and accountability inside New York’s prisons and jails. It follows public outrage over the fatal beatings of Brooks and Nantwi by corrections officers at Marcy and Mid-State Correctional Facilities. The killing of Brooks was captured on body camera footage by a group of four officers who believed their cameras were off. The incidents spurred renewed calls for systemic reform and led to criminal charges against several state correction officers.

“Every single individual who enters our prisons deserves to be safe,” Hochul said in a statement. “Our work is never done.”

The legislation requires full audio and video camera coverage across all Department of Corrections and Community Supervision (DOCCS) facilities and in transport vehicles. All footage connected to deaths in custody must now be submitted to the state attorney general within 72 hours. It also mandates improved notification procedures for families after a prisoner dies, more comprehensive autopsy documentation, and enhanced reporting responsibilities for the department’s Office of Special Investigations.

Some reforms focus on strengthening the State Commission of Correction, the body responsible for oversight of New York’s prisons and jails. The commission will expand from three to five members and must now include at least one formerly incarcerated person and another member with a background in health care or prisoner rights.

“This acknowledges that the commission has failed its responsibility and is in dire need of change,” said Yonah Zeitz of the Katal Center, representing a coalition of more than 160 organizations advocating for reform.

However, the final bill grants the governor sole authority to appoint the new commission members, pending Senate confirmation. Earlier proposals had called for sharing appointment power with the Legislature or independent groups, but those were dropped during negotiations. Senator Julia Salazar, a lead sponsor of the legislation, said Governor Hochul rejected an expansion of the commission to eight members due to budget concerns, citing an added cost of approximately $1 million annually.

“This is a serious step forward, but it is not the end of our struggle,” said Salazar. “The final package does not include everything we sought.”

Responding to concerns from activists that the bill had been weakened behind closed doors, Salazar added, “Some folks hit me up after the signing of the bill, and they just kind of heard little bits and pieces here and there, and they’re like, ‘Oh, we’re so upset the bill has been gutted.’ And I’m like, you know, I’m not thrilled that any of it was changed, but I can assure you, the bill has not been gutted.”

Still, some lawmakers expressed disappointment over what they viewed as a diluted final product.

“The bill we got is not the bill we fought for,” said Assemblymember Emily Gallagher of Brooklyn. “The governor will own whether the commission is empowered to actually do its job.”

Corrections Commissioner Daniel F. Martuscello III praised the reforms, saying they build upon changes already underway at DOCCS, including broader deployment of body-worn cameras, new de-escalation training, leadership changes at troubled facilities, and expanded internal investigation resources. He said the system is positioned for “meaningful, lasting change.”

One key provision that remained intact enhances the state attorney general’s ability to investigate deaths involving law enforcement. The law establishes a process for appointing a deputy attorney general in cases where the attorney general has conflicts of interest, such as in the Brooks and Nantwi cases. Last year, Attorney General Letitia James recused her office from those investigations due to ongoing representation of correction officers in unrelated matters.

The legislation also includes the Terry Cooper Autopsy Accountability Act, introduced by Salazar. It requires thorough autopsy reports for all incarcerated individuals who die in state custody. This includes photographs and medical imaging, with mandated sharing of materials with the Correctional Medical Review Board and the DOCCS commissioner.

Terry Cooper was beaten to death by correction officers in 2017 at Clinton Correctional Facility. The initial autopsy report lacked photographs, contributing to what Salazar described as a misclassification of his death as natural causes. Years later, a civil lawsuit brought by Cooper’s family led to a record-setting $9 million public settlement in the Northern District. No officers were criminally charged in the case.

“It was only years later, through a civil lawsuit brought by his family, that it became clear he had been beaten to death,” Salazar said.

While reform advocates acknowledged the bill’s progress, many characterized it as only a starting point.

“This is a first step,” said Serena Martin, executive director of New Hour for Women & Children LI. “But New York’s prisons remain dangerous places, and there is far more work to do.”

Union leaders representing correction officers strongly opposed the new laws. The New York State Correctional Officers & Police Benevolent Association issued a statement saying it was “deeply disappointed” with the governor’s decision to sign the bill, though it acknowledged the gravity of Brooks’ death.

“The death of Robert Brooks was a profound tragedy and meaningful reforms to ensure that never happens again must be made,” the union said. “However, we cannot support legislation that responds to a single tragedy by imposing broad, punitive oversight on thousands of dedicated corrections professionals who had no role in it and who are already under constant surveillance and scrutiny.”

Advocates countered that years of deference to corrections staff had entrenched a culture of impunity.

“This is a first step,” Martin repeated, “but there is far more work to do.”