N.Y. COR Law § 45 — New York Code / Act COR / Article 3 / Section 45
Functions, powers and duties of the commission
Status: in_force

§ 45. Functions, powers and duties of the commission. The commission\nshall have the following functions, powers and duties:\n  1. Advise and assist the governor in developing policies, plans and\nprograms for improving the administration of correctional facilities and\nthe delivery of services therein.\n  2. Make recommendations to administrators of correctional facilities\nfor improving the administration of such correctional facilities and the\ndelivery of services therein.\n  3. Visit, inspect and appraise the management of correctional\nfacilities with specific attention to matters such as safety, security,\nhealth of incarcerated individuals, sanitary conditions, rehabilitative\nprograms, disturbance and fire prevention and control preparedness, and\nadherence to laws and regulations governing the rights of incarcerated\nindividuals. Such visits, inspections and appraisals shall occur, at a\nminimum, annually for jails, specialized secure juvenile detention\nfacilities for older youth, facilities operated by the department, and\nsecure facilities operated by the office of children and family\nservices.\n  4. Establish procedures to assure effective investigation of\ngrievances of, and conditions affecting, incarcerated individuals of\nlocal correctional facilities. Such procedures shall include but not be\nlimited to receipt of written complaints, interviews of persons, and\non-site monitoring of conditions. In addition, the commission shall\nestablish procedures for the speedy and impartial review of grievances\nreferred to it by the commissioner. The commission shall maintain a\nwebsite that allows for the submission of written complaints regarding\nany correctional facility, and provides the commission's address for the\nreceipt of complaints by mail. The commission shall promulgate rules and\nregulations requiring correctional facilities to provide incarcerated\nindividuals, in writing, the commission's website and mailing address.\n  5. Ascertain and recommend such system of employing incarcerated\nindividuals of correctional facilities as may, in the opinion of said\ncommission, be for the best interest of the public and of said\nincarcerated individuals and not in conflict with the provisions of the\nconstitution or laws of the state relating to the employment of\nincarcerated individuals.\n  6. Promulgate rules and regulations establishing minimum standards for\nthe review of the construction or improvement of correctional facilities\nand the care, custody, correction, treatment, supervision, discipline,\nand other correctional programs for all persons confined in correctional\nfacilities. Such rules and regulations shall be forwarded to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly no later than January first, nineteen hundred seventy-six and\nannually thereafter.\n  6-a. Promulgate rules and regulations to assure that persons in\ncustody in local correctional facilities, including persons awaiting\narraignment, are furnished or have access to the type of food required\nby their religious dietary rules or medically prescribed diets, if any.\n  6-b. Promulgate rules and regulations, in consultation with the\ndivision for youth, establishing minimum standards for the care,\ncustody, rehabilitation, treatment, supervision, discipline and other\nprograms for correctional facilities operated by the division for youth.\n  7. Place such members of its staff as it deems appropriate as monitors\nin any local correctional facility which, in the judgment of the\ncommission, presents an imminent danger to the health, safety or\nsecurity of the incarcerated individuals or employees of such\ncorrectional facility or of the public.\n  8. (a) Close any correctional facility which is unsafe, unsanitary or\ninadequate to provide for the separation and classification of prisoners\nrequired by law or which has not adhered to or complied with the rules\nor regulations promulgated with respect to any such facility by the\ncommission pursuant to the provisions of subdivision six of this\nsection; provided, however, that before such facility may be closed due\nto conditions which are unsafe, unsanitary or inadequate to provide for\nthe separation and classification of prisoners, the commission shall\ncause a citation to be mailed to the appropriate municipal or other\nofficial at least ten days before the return day thereof directing the\nresponsible authorities designated to appear before such commission at\nthe time and place set forth in the citation, and show cause why such\ncorrectional facility should not be closed. After a hearing thereon or\nupon the failure to appear, such commission is empowered to order such\nfacility designated in the citation closed within twenty days, during\nwhich time the respondent authority may review such order in the manner\nprovided in article seventy-eight of the civil practice law and rules,\nin the supreme court. Fifteen days after the order to close has been\nserved by a registered letter upon the appropriate official if no court\nreview has been taken, and fifteen days after the order of such\ncommission has been confirmed by the court, in case of court review,\nsuch facility designated in the order shall be closed, and it shall be\nunlawful to confine or detain any person therein and any officer\nconfining or detaining any person therein shall be guilty of a class A\nmisdemeanor.\n  (b) Before a correctional facility as defined in subdivision four of\nsection two of this chapter, may be closed for a reason other than those\nset forth in paragraph (a) of this subdivision, the provisions of\nsection seventy-nine-a of this chapter shall be adhered to.\n  10. Approve or reject plans and specifications for the construction or\nimprovement of correctional facilities that directly affect the health\nof incarcerated individuals and staff, safety, or security.\n  12. Make an annual report to the governor and legislature concerning\nits work and the work of the board and the council during the preceding\nyear, and such further interim reports to the governor, or to the\ngovernor and legislature, as it shall deem advisable, or as shall be\nrequired by the governor.\n  13. Accept, with the approval of the governor, as agent of the state\nany grant, including federal grants, or any gift for any of the purposes\nof this article. Any moneys so received may be expended by the\ncommission to effectuate any purpose of this article, subject to the\nsame limitations as to approval of expenditures and audit as are\nprescribed for state moneys appropriated for the purposes of this\narticle.\n  14. Enter into contracts with any person, firm, corporation,\nmunicipality, or governmental agency.\n  15. Adopt, amend or rescind such rules and regulations as may be\nnecessary or convenient to the performance of the functions, powers and\nduties of the commission.\n  16. Do all other things necessary or convenient to carry out its\nfunctions, powers and duties expressly set forth in this article.\n  * 17. Make an annual report to the governor, the chair of the assembly\ncommittee on correction and the chair of the senate committee on crime\nvictims, crime and correction concerning incarcerated individuals\nconfined in local correctional facilities pursuant to an agreement\nauthorized by section five hundred-o of this chapter. Such report shall\ninclude but not be limited to the number of counties maintaining such\nagreements and the number of incarcerated individuals confined pursuant\nto such agreements.\n  * NB Repealed September 1, 2026\n  18. Assess compliance of local correctional facilities with the terms\nof paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivision\nsix of section one hundred thirty-seven of this chapter. The commission\nshall issue a public report regarding all aspects of segregated\nconfinement and residential rehabilitation units at least annually with\nrecommendations to local correctional facilities, the governor, the\nlegislature, including but not limited to policies and practices\nregarding: (a) placement of persons; (b) special populations; (c) length\nof time spent in segregated confinement and residential treatment units;\n(d) hearings and procedures; (e) conditions, programs, services, care,\nand treatment; and (f) assessments, rehabilitation plans, and discharge\nprocedures.\n  19. Establish standards and guidelines for a program of medication\nassisted treatment for incarcerated individuals in county jails and/or\ncounty correctional facilities equivalent to the program established in\nstate correctional facilities pursuant to section six hundred twenty-six\nof this chapter and submit an annual report consistent with the\nrequirements of subdivision three of such section.\n