The "Three Prisons" Amendment
By Aimee Privitera, Adirondack Council Legislative Associate
Wednesday, January 8, 2024
The original New York State Constitution was adopted on April 20, 1777, and has since been amended multiple times. Notably, the Constitution underwent significant revisions in 1821, 1846, 1894, and 1938.
The “Forever Wild” Clause in Article XIV
One of the key elements of the New York State Constitution is the Forever Wild Clause, Article XIV, which was added during the 1894 Constitutional Convention. This clause protects the Forest Preserve, ensuring that state-owned lands in the Adirondacks and Catskills are maintained as wild, untouched forest lands. The clause reads:
"The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed, or destroyed."
Any significant changes or projects on Forest Preserve lands require an amendment to Article XIV. This constitutional protection ensures that certain projects can only proceed after formal approval through the constitutional amendment process.
The process of amending the constitution takes place in three phases over the course of at least two state legislative sessions. This ensures proper protection of the Forest Preserve, but can hold up well-deserving transfers as well.
The Three Prisons
During the 2024 legislative session, first passage was not achieved for a constitutional amendment to deal with former state-owned prisons in the Adirondacks. The state Constitution is clear in stating that, “The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private….” These now unused prison facilities could be repurposed by private entities for a variety of public benefits with the help of a constitutional amendment.
The Senate passed a Constitutional Amendment resolution designed to remove Camp Gabriel’s, a former state prison located in the town of Brighton, NY from the public Forest Preserve and replace it with greater acreage in a land swap. The Adirondack Council supported this resolution, but unfortunately, the proposal did not advance in the Assembly.
Another proposal was discussed by the Governor and Legislature that would remove Camp Gabriels, as well as the former Moriah Shock Incarceration Facility in Mineville, Essex County and the former Mount McGregor Correctional Facility in Moreau, Saratoga County from the Forest Preserve. The Council signaled its conceptual support for this plan to remove all three prisons, but a formal draft of this proposal, in the form of a resolution, was not introduced in time for consideration.
Public Participation is Key to the Process
Your voice matters. This process was designed to ensure public participation. The process of amending the New York State Constitution is a careful, multi-step procedure designed to ensure broad legislative support and public involvement. The Forever Wild clause in Article XIV is just one example of how this process works to protect New York’s natural resources, but it highlights the importance of understanding the constitutional amendment process for both lawmakers and citizens.
Critical decisions, including the passage or lack thereof of constitutional amendments, are made in Albany each year that can determine whether your Adirondack Park is better protected. The Adirondack Council is your full-time presence at the state capitol, ensuring that the Park’s waters, wildlife, and communities are protected now and for future generations.
We are grateful to those who wrote letters, joined our lobby day, donated, or supported us in other ways. If you didn’t join our lobby day or write a letter this year, please consider joining us in the future!
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