Lawmakers want independent medical examiner’s office to investigate prison deaths

State lawmakers want to create a new state entity to perform independent autopsies of incarcerated people and reduce unexplained deaths in New York prisons and jails.

Assembly Member Erik Dilan, chair of the Assembly Correction Committee, wants the state Commission of Correction to have concurrent jurisdiction with county coroners to investigate deaths that occur in state or local facilities.

He carries a bill to establish a dedicated Office of the Chief Medical Examiner within the commission, which would be independent of the state Department of Correction & Community Supervision. Currently, DOCCS’ Office of Special investigations and the state Attorney General’s office can investigate deaths in custody. The Commission on Correction also has jurisdiction to investigate deaths, but no entity to do it, which Dilan said is due to a lack of capacity.

“I want this to be part of the budget discussion,” Dilan told City & State. “This will ensure if someone dies in a correctional facility, the coroner will indeed have the necessary medical background.”

Currently, county coroners automatically perform an autopsy after a death occurs in a prison or jail, and Dilan said they would retain that power if the new office is created. The new Office of Chief Medical Examiner would have authority to conduct its own independent autopsy and investigation into a death in custody following a county coroner’s autopsy. 

Dilan’s proposed Office of the Chief Medical Examiner would have a chief medical examiner, deputy chief medical examiner and eight associates. All would be certified forensic pathology physicians with experience in death investigations and would be appointed solely by Gov. Kathy Hochul. Under the current version of the legislation, potential members of the Office of the Chief Medical Examiner would not need to be confirmed by the state Senate, but that requirement may be added during the course of budget negotiations. 

State Sen. Julia Salazar, who leads the Senate’s Crime Victims, Crime & Correction Committee, said she’s also pushing legislative leaders to fund the office in the upcoming budget. The state Senate and Assembly will each release their budget proposals next week. 

The cost to create the office is unclear.

Assembly Member Michaelle Solages estimated the state would need up to $7 million to create the office and hire necessary investigative and legal staff. But she thinks the cost would likely be offset by the current expense of civil liabilities related to deaths while in custody.

“It’s not going to be a huge amount of funds in the sense that, even if it costs $10 million, or $100 million, we at the end of the day … need to know the truth around these deaths,” said Solages, chair of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus. 

Recent homicides in state prisons – including the fatal beatings of Robert Brooks and Messiah Nantwi by correction officers – have given the proposal momentum. The Black, Puerto Rican, Hispanic & Asian Legislative Caucus originally included it in a slate of proposals to reform accountability in prisons the group unveiled last year.

“It’s risk management,” Solages said. “When investigators or medical reviews are tied to a certain administration, there is this unsaid goal to protect the administration.”

Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins are members of the caucus, but representatives for both leaders wouldn’t answer questions about plans to include the proposal in their one-house budgets due next week.

“Our budget proposal will be out March 10,” Heastie’s spokesperson Michael Whyland said.

As a City & State investigation revealed last year, many deaths in custody are attributed to unclassified or unknown causes each year. The state had 19 incarcerated deaths each in 2023 and 2024 for unexplained reasons, according to Department of Correction & Community Supervision mortality records. 

DOCCS said it does not comment on potential or pending legislation but that it takes deaths in custody seriously.

“Any death that appears to be from other than natural causes or a known medical condition is thoroughly investigated by the attorney general’s office, assisted by the New York State Police and DOCCS’ Office of Special Investigations,” department spokesperson Nicole March said in a statement. “All deaths in DOCCS’ facilities are reviewed by the state Commission of Correction. Additionally, if anyone is found to have committed a crime inside a DOCCS’ facility, they will be held accountable and where appropriate referred for potential prosecution.”

DOCCS’ annual mortality reports are updated upon receipt of official autopsy findings from the corresponding county medical examiner’s office. The manner of death is listed as unknown until an autopsy report has been given to the agency.

The state Commission of Correction, which has an operating budget of $7.1 million, also said it could not comment on proposed budget provisions.

“Regardless of the outcome of the budget process, the Commission’s work will continue to be guided by its mission to promote a safe, stable, and humane correctional system through independent oversight,” commission spokesperson Aaron Cagwin said.