NY Corr L § 146 (2021)
2021 New York Laws COR - Correction Article 6 - Management of Correctional Facilities 146 - Persons Authorized to Visit Correctional Facilities.

§  146.  Persons  authorized  to visit correctional facilities. 1. The   following  persons  shall  be  authorized  to  visit  at  pleasure   all   correctional   facilities:   The   governor   and   lieutenant-governor,   commissioner of general services, secretary of  state,  comptroller  and   attorney-general,  members  of  the commission of correction, members of   the legislature and their accompanying staff and  any  employee  of  the   department  as  requested by the member of the legislature if the member   requests to be so accompanied,  provided  that  such  request  does  not   impact  upon  the  department's ability to supervise, manage and control   its facilities as determined by the commissioner, judges of the court of   appeals, supreme court and county judges, district attorneys  and  every   clergyman  or  minister, as such terms are defined in section two of the   religious corporations law, having  charge  of  a  congregation  in  the   county  wherein  any  such  facility  is  situated.  No other person not   otherwise authorized by law shall be permitted to enter  a  correctional   facility  except  by  authority  of the commissioner of correction under   such regulations as the commissioner shall prescribe.2. Notwithstanding any other provision of law to the contrary, on each   September  thirteenth  anniversary  date   of   the   nineteen   hundred   seventy-one  retaking of Attica correctional facility, in the absence of   an emergency situation or other exigent circumstance,  the  commissioner   shall  ensure  that  any  surviving  state  employees  who  were held as   hostages and any immediate family members, as that term  is  defined  in   subdivision four of section 120.40 of the penal law, of any of the state   employees  who  were held hostage for any period by rioting incarcerated   individuals during the period from  September  ninth  through  September   thirteenth,  nineteen  hundred  seventy-one, shall be afforded access to   the outside grounds of Attica correctional facility to conduct a private   commemorative ceremony in front of the Attica monument  upon  which  are   inscribed  the  names  of employees who died as a result of the uprising   and subsequent retaking.3. a. Notwithstanding any other provision of law to the contrary,  the   correctional  association  shall be permitted to access, visit, inspect,   and examine all state correctional  facilities  with  seventy-two  hours   advance  notice  to the department. Up to twelve people may comprise the   visiting party; provided, however, that only four people from the  party   may  enter a special housing facility or unit at the same time. Prior to   the visitation authorized pursuant to this subdivision, the correctional   association shall provide to the department  on,  at  least,  an  annual   basis  a list of people who will be visiting the facility or facilities,   including names, dates of birth,  driver's  license  numbers  and  their   designation  as  an employee, board member, or designee in order for the   department to perform prompt background checks. The department may place   restrictions on such visits and inspections when a  facility  is  locked   down  or  experiencing  a  facility  wide  emergency.  In  addition, the   department may restrict  access  to  a  portion  of  a  facility  in  an   emergency  situation  for the duration of the emergency. For the purpose   of  this  subdivision,  an  emergency  shall  be   determined   by   the   commissioner or his or her designee and defined as a significant risk to   the  safety  or  security  of  the  facility,  or  the health, safety or   security  of  staff  or  incarcerated  individuals,  or  an  event  that   significantly compromises the operations of the facility.b.  Upon  twenty-four hours advance notice, at the commencement of any   visits to,  or  inspections  and  examinations  of,  state  correctional   facilities,  the  superintendent  and  executive  team,  to  the  extent   practicable,  shall  meet  with  the  correctional   association.   Upon   twenty-four  hours advance notice, the correctional association may meet   privately with the inmate liaison committee and representatives  of  the    inmate  grievance  resolution  committee  or  any  other organization of   incarcerated individuals recognized by the department.c.  During  the  course  of any such visit, inspection or examination,   upon  consent  of  the  person  being  interviewed,   the   correctional   association  shall  have the power to interview and converse publicly or   confidentially  with  any  correctional  employee  or  any  incarcerated   individual. Such interviews shall not be restricted by the department or   attended  by  anyone  on behalf of the department nor shall there be any   retaliation or adverse action taken by the  department  or  other  state   agency  against any incarcerated individual who agrees to speak with the   correctional association. The department may not  limit  the  number  of   individuals  the  correctional association may interview or the duration   of the interviews, in any manner unreasonable under  the  circumstances.   The  correctional  association  shall have the power to conduct private,   confidential meetings reasonable in number under the circumstances  with   incarcerated  people  in housing units and in attorney visiting rooms or   other rooms in the facility in which  their  conversations  will  remain   confidential.  No  department  employee may attend or listen to any such   meeting without the consent of the correctional association.d. The correctional association shall periodically, but not less  than   every  five  years,  conduct  inspections  of  each  state  correctional   facility and shall issue reports and recommendations  to  the  governor,   the  legislature  and the public about the conditions and issues at each   such facility. When preparing such formal reports  and  recommendations,   the  correctional  association  shall  submit  a  tentative copy of such   report and recommendations to the  commissioner.  The  commissioner  may   submit  a written response to such tentative report within sixty days of   the  receipt  thereof.  When  the  correctional  association  thereafter   submits  its  final  report  and  recommendations,  it  shall  contain a   complete copy of the response, if any, submitted to the tentative report   and recommendations.e. The correctional association may send surveys or questionnaires  to   people in custody concerning conditions of confinement or other subjects   within  the  scope  of  their  mission  without  prior  approval  of the   department. The correctional association may also  receive  phone  calls   from incarcerated individuals and/or set up a hotline for individuals to   use if they choose to contact them.f. The inspection of state correctional facilities by the correctional   association  pursuant  to this subdivision shall be undertaken solely in   furtherance of the correctional association's lawful powers, duties  and   obligations,  and information obtained pursuant to these powers shall be   used solely in furtherance of the  correctional  association's  mission.   Employees,  board  members  and  designees  shall  be required to sign a   waiver as a condition of entry into a correctional facility pursuant  to   this subdivision.