Dozens of state lawmakers are expected to sign a letter later this week demanding Gov. Kathy Hochul close an upstate prison where multiple correction officers fatally beat an incarcerated man last month. 

Lawmakers have started to discuss potential legislative action in response to the death of Robert Brooks, a 43-year-old Rochester man who died in a Utica hospital Dec. 10 — a day after more than a dozen officers beat him while he was handcuffed. No charges have been filed in the case, and a final cause of death has not been released.

But a growing number of lawmakers say policy changes will not be sufficient, and plan to demand the shuttering of the medium-security facility before considering other reforms.

"I don't want to talk legislation, I want to talk closure," Assemblyman Eddie Gibbs told Spectrum News 1. "Eliminate this problem and send a message to the other facilities: This will not be tolerated."

Gibbs is leading the fight to close the Oneida County prison as soon as possible. He is the state's first formerly incarcerated assemblymember and served five-and-a-half years in prison on a manslaughter charge.

About 30 lawmakers have agreed to sign his letter written with Senate Crime Victim, Crime & Correction Committee chair Julia Salazar, which they say will call on Hochul and legislative leaders to close the facility in addition to support for other policy reforms.

"I don't care about about tweets, dance or points; I don't care about reelection efforts," Gibbs said. "If someone is being systematically abused, you cut that system down. You don't play politics."

Salazar and Gibbs will circulate the letter to lawmakers this week as they return to Albany on for Wednesday's first day of session. 

But not all Democrats in the majority agree that closing Marcy because of Brooks' death is the answer.

Assembly Correction Committee chair Erik Dilan said closing the facility will not address the root causes of violence, systemic racism or improve accountability in the state's prison system.

"I don't think this incident should decide the fate of what happens to the facility, one way or the other," Dilan said.

Marcy Correctional houses 830 incarcerated New Yorkers and has 455 total staff, according to the state Department of Correction & Community Supervision.

Members of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus support efforts to close the prison, but are also focused on other legislative strategies. Chair Assemblywoman Michaelle Solages plans to sign the letter, but said Brooks' death has prompted the caucus to work on a package of legislative reforms to improve accountability in prisons.

"You can close the facility, but that will not solve the issue at hand — the systemic issue happening within our correctional facilities," Solages said. "...We need to do reforms. Reforms are imperative."

Solages said caucus proposals will prioritize funding for body cameras, more staff training and greater protections for prison staff who speak up about abuse or misconduct. She also wants legislation to bolster the number of correction staff.

"We're currently fine-tuning it, but we feel that this legislative session, we are going to make sure that this is one of our top priorities," Solages said.

Assemblywoman Chantel Jackson leads 30 Black lawmakers who are members of the unofficial Black Legislative Task Force. Jackson said 13 of the group's members, comprised of senators and assemblymembers, have said they will sign the letter. She expects more may back the effort after lawmakers return to Albany on Wednesday.

Sen. Salazar wants the Legislature to hold a hearing this winter about closing Marcy and protocols when violence takes place in state prisons.

In wake of Brooks' death, the senator plans to prioritize passing her legislation that would authorize the commissioner of the state Department of Correction & Community Supervision to discipline DOCCS employees for acts of serious misconduct and establish procedures for such disciplinary action.

"I think what's really important is that the commissioner have the ability to fire officers in in these situations," she said.

The state's contract with the Correctional Officers & Police Benevolent Association, or the union that represents COs, does not allow state officials to fire officers.

Union leaders declined to comment.

A handful of Democrats have called Republican Sen. Joe Griffo, who represents the district that includes Marcy, to work together on bipartisan reforms.

Griffo condemned the incident that led to Brooks' death, and is considering co-sponsoring a bill with Democratic Sen. James Sanders to require law enforcement officers to inervene if they find another officer using excessive force. The bill has yet to be reintroduced.

"I appreciate the way [Sanders] has approached this, and yes, I would be willing to consider and look at the legislation that he's advocating for," Griffo said Monday.

The senator has not visited the facility since the incident, but added closing the prison is not the answer and is calling for a holistic approach to reform that includes all sides.

"The objective here is to find out what and how things can be done differently," Griffo said. "...It's got to be struck with balance as, and again, the primary objective being the safety of all those that are incarcerated as well as those who are working there."

Late last week, state Attorney General Letitia James' office recused itself from the case as the office had represented four of the officers involved in other pending litigation. The AG's office has taken steps to withdraw defending officers in other cases before the Office of State Counsel.