N.Y. COR Law § 42 — New York Code / Act COR / Article 3 / Section 42
Citizen's policy and complaint review council; organization; functions, powers and duties
Status: in_force

§ 42. Citizen's policy and complaint review council; organization;\nfunctions, powers and duties.  (a) 1. There shall be within the\ncommission a citizen's policy and complaint review council. It shall\nconsist of nine persons, six of whom shall be appointed by the governor,\nby and with the advice and consent of the senate. One person so\nappointed shall have served in the armed forces of the United States in\nany foreign war, conflict or military occupation, who (i) was discharged\ntherefrom under other than dishonorable conditions, or (ii) has a\nqualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or shall be a duly licensed mental health professional who has\nprofessional experience or training with regard to post-traumatic stress\nsyndrome. One person so appointed shall be an attorney admitted to\npractice in this state. One person so appointed shall be a former\nincarcerated individual of a correctional facility. One person so\nappointed shall be a former correction officer.  One person so appointed\nshall be a former resident of a division for youth secure center or a\nhealth care professional duly licensed to practice in this state. One\nperson so appointed shall be a former employee of the office of children\nand family services who has directly supervised youth in a secure\nresidential center operated by such office.  In addition, the part-time\ncommission members appointed shall serve on the council. Lastly, the\ngovernor shall designate one of the full-time members other than the\nchair of the commission as chair of the council to serve as such at the\npleasure of the governor.\n  2. The six appointed members of the council shall hold office for five\nyears. Any appointed member of the council may be removed by the\ngovernor for cause after an opportunity to be heard in their defense.\n  3. Any member chosen to fill in a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nsucceeded member. Vacancies caused by the expiration of term or\notherwise shall be filled in the same manner as original appointments.\n  4. The members of the council other than the commission members shall\nreceive no compensation for their services but each member other than\nthe commission members shall be entitled to receive actual and necessary\nexpenses incurred in the performance of council duties.\n  5. No appointed member of the council shall qualify or enter upon the\nduties of office, or remain therein, while an officer or employee of the\ndepartment of corrections and community supervision or any correctional\nfacility or is in a position to exercise administrative supervision over\nany correctional facility. The council shall have such staff as shall be\nnecessary to assist it in the performance of its duties within the\namount of the appropriation therefor as determined by the chair of the\ncommission.\n  6. Notwithstanding any provision of this section to the contrary, any\nmember of the council serving on the effective date of this paragraph\nmay continue to serve until such member resigns, is removed, or\notherwise vacates such office.\n  2. The nine appointed members of the council shall hold office for\nfive years; provided that of the seven members first appointed, two\nshall be appointed for a term of one year, two shall be appointed for a\nterm of two years, one shall be appointed for a term of three years, one\nshall be appointed for a term of four years and one shall be appointed\nfor a term of five years from January first next succeeding their\nappointment.  Any appointed member of the council may be removed by the\ngovernor for cause after an opportunity to be heard in his defense.\n  3. Any member chosen to fill in a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nsucceeded member. Vacancies caused by the expiration of term or\notherwise shall be filled in the same manner as original appointments.\n  4. The members of the council other than the chair shall receive no\ncompensation for their services but each member other than the chair\nshall be entitled to receive actual and necessary expenses incurred in\nthe performance of council duties.\n  5. No appointed member of the council shall qualify or enter upon the\nduties of office, or remain therein, while an officer or employee of the\ndepartment of corrections and community supervision or any correctional\nfacility or is in a position to exercise administrative supervision over\nany correctional facility. The council shall have such staff as shall be\nnecessary to assist it in the performance of its duties within the\namount of the appropriation therefor as determined by the chair of the\ncommission.\n  (b) The council and each member thereof shall have the following\nfunctions, powers and duties:\n  1. To investigate, review or take such other action as shall be deemed\nnecessary or proper with respect to complaints or grievances regarding\nany local correctional facility or part thereof as shall be called to\nits attention in writing.\n  2. To have access, at any and all times, to any local correctional\nfacility or part thereof and to all books, records, and data pertaining\nto any local correctional facility which are deemed necessary for\ncarrying out the council's functions, powers and duties.\n  3. To obtain from administrators, officers or employees of any local\ncorrectional facility any information deemed necessary for the purpose\nof carrying out its functions, powers and duties.\n  4. To request and receive temporary office space in any local\ncorrectional facility for the purpose of carrying out its functions,\npowers and duties.\n  5. To report periodically to the commission and, where appropriate, to\nmake such recommendations as are necessary to fulfill the purposes of\nthis article to the commission and to the administrator of any local\ncorrectional facility.\n  (c) In addition to the functions, powers and duties prescribed by\nsubdivision (b) of this section, the council shall\n  1. Advise and assist the commission in developing policies, plans and\nprograms for improving the commission's performance of its duties and\nfor coordinating the efforts of the commission and of correctional\nofficials to improve conditions of care, treatment, safety, supervision,\nrehabilitation, recreation, training and education in correctional\nfacilities. Such advice and assistance shall minimally consist of an\nannual report of the council to the commission;\n  2. Foster and promote research and study in areas of correctional\npolicy and program development deemed necessary or desirable by the\ncommission or the council;\n  3. Meet at least once per calendar month at a time and place\ndesignated by the chair of the council.\n