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A 10961

Relates to qualifications for holding the office of correction officer in the county of Montgomery

2025 Regular Session Introduced by Robert Smullen

The bill allows Montgomery County correction officers to reside in certain nearby New York counties, expanding eligibility beyond Montgomery County residents.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 10961

Summary of Bill A 10961 (2025-2026) – New York

Title

Relates to qualifications for holding the office of correction officer in the county of Montgomery

Purpose and Intent

  • The bill amends the Public Officers Law to modify residency requirements for the office of correction officer specifically in Montgomery County.
  • It is designed to allow individuals who are not residents of Montgomery County (but who reside in certain adjacent or nearby counties) to hold the office of correction officer in Montgomery County, subject to certain residency conditions.

Key Provisions

  • A new subdivision 77 is added to Section 3 of the Public Officers Law with these main elements:

    • General rule (existing requirement): Normally, a person must be a resident of the political subdivision or municipal corporation for which they are chosen or within which their official duties are required to be exercised.
    • Montgomery County carve-out: This residency requirement shall not prevent a person from holding the office of correction officer in Montgomery County.
    • Residency condition for Montgomery employees: The person performing the duties of a correction officer must reside in Montgomery County or in any adjoining county within New York State, unless otherwise provided by an act of the state legislature.
    • Additional permissible residences: A correction officer may also reside in Albany, Delaware, Greene, Hamilton, Madison, Oneida, Rensselaer, Warren, or Washington counties.

  • Effective date: The act takes effect immediately upon enactment.

Who Is Affected

  • Primary impact: Prospective and current correction officers in Montgomery County.
  • Qualification change: Individuals who reside in Montgomery County or certain adjacent counties (or, per the statute, Albany, Delaware, Greene, Hamilton, Madison, Oneida, Rensselaer, Warren, or Washington counties) would be eligible to hold the office, even if they are not residents of Montgomery County, provided they meet the residency criteria outlined.
  • Stakeholders include Montgomery County government, the Montgomery County Jails or correctional system, and potential applicants living in the specified counties.

Procedural and Timeline Aspects

  • Introduction and referral: Introduced in the Assembly on April 14, 2026, and referred to the Committee on Governmental Operations.
  • Immediate effect: Upon enactment, the residency exception becomes law (no phase-in or delay noted; “takes effect immediately”).

Potential Impact and Considerations

  • Staffing implications: The change could broaden the pool of eligible correction officers for Montgomery County, potentially addressing staffing shortages if such shortages exist.
  • Local interest: Balances local residency expectations with practical recruitment by allowing residents from neighboring counties to apply.
  • Interpretation: The bill explicitly permits residency in several neighboring counties, expanding beyond Montgomery and adjacent counties, which could affect how residency records and enforcement are handled.
  • Legislative clarity: The provision preserves the general residency standard for other offices, applying only to the correction officer role in Montgomery County.

If you’d like, I can provide a plain-language brief for a non-legal audience or a side-by-side comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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