NY Corr L § 42 (2021)
2021 New York Laws COR - Correction Article 3 - State Commission of Correction 42 - Citizen's Policy and Complaint Review Council; Organization; Functions, Powers and Duties.

§  42.  Citizen's  policy  and complaint review council; organization; functions,  powers  and  duties.  (a)  1.  There  shall  be  within  the commission  a  citizen's  policy  and complaint review council. It shall consist of nine persons to be appointed by the governor, by and with the advice and consent of the senate. One person  so  appointed  shall  have served  in  the  armed  forces  of the United States in any foreign war, conflict or military occupation, who (i) was discharged therefrom  under other  than dishonorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and  has received  a  discharge  other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as  defined  in  section three  hundred  fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or shall be  a duly licensed mental health professional who has professional experience or training with regard to post-traumatic stress syndrome. One person so appointed  shall  be an attorney admitted to practice in this state. One person so appointed shall be  a  former  incarcerated  individual  of  a correctional  facility.  One  person  so  appointed  shall  be  a former correction officer. One person so appointed shall be a  former  resident of a division for youth secure center or a health care professional duly licensed  to  practice in this state. One person so appointed shall be a former employee of the office of children and family  services  who  has directly  supervised  youth  in  a secure residential center operated by such office. In addition,  the  governor  shall  designate  one  of  the full-time  members other than the chairman of the commission as chairman of the council to serve as such at the pleasure of the governor.   2. The nine appointed members of the council  shall  hold  office  for five  years;  provided  that  of  the seven members first appointed, two shall be appointed for a term of one year, two shall be appointed for  a term of two years, one shall be appointed for a term of three years, one shall  be  appointed for a term of four years and one shall be appointed for a term of five  years  from  January  first  next  succeeding  their appointment.   Any appointed member of the council may be removed by the governor for cause after an opportunity to be heard in his defense.   3. Any member chosen to fill  in  a  vacancy  created  other  than  by expiration  of  term  shall  be  appointed for the unexpired term of the member whom he is to succeed. Vacancies caused by the expiration of term or  otherwise  shall  be  filled  in  the  same   manner   as   original appointments.   4. The members of the council other than the chairman shall receive no compensation  for their services but each member other than the chairman shall be entitled to receive his or her actual  and  necessary  expenses incurred in the performance of his or her duties.   5.  No appointed member of the council shall qualify or enter upon the duties of his office, or remain therein,  while  he  is  an  officer  or employee  of  the department of corrections and community supervision or any correctional facility  or  is  in  a  position  where  he  exercises administrative  supervision  over any correctional facility. The council shall have such staff  as  shall  be  necessary  to  assist  it  in  the performance  of  its  duties  within  the  amount  of  the appropriation therefor as determined by the chairman of the commission.  (b) The council and each  member  thereof  shall  have  the  following functions, powers and duties:   1. To investigate, review or take such other action as shall be deemed necessary  or  proper with respect to complaints or grievances regarding any local correctional facility or part thereof as shall  be  called  to its attention in writing.    2.  To  have  access,  at any and all times, to any local correctional facility or part thereof and to all books, records, and data  pertaining to  any  local  correctional  facility  which  are  deemed necessary for carrying out the council's functions, powers and duties.   3.  To  obtain from administrators, officers or employees of any local correctional facility any information deemed necessary for  the  purpose of carrying out its functions, powers and duties.   4.  To  request  and  receive  temporary  office  space  in  any local correctional facility for the purpose of  carrying  out  its  functions, powers and duties.   5. To report periodically to the commission and, where appropriate, to make  such  recommendations  as are necessary to fulfill the purposes of this article to the commission and to the  administrator  of  any  local correctional facility.  (c)  In  addition  to  the  functions, powers and duties prescribed by subdivision (b) of this section, the council shall   1. Advise and assist the commission in developing policies, plans  and programs  for  improving  the commission's performance of its duties and for coordinating the efforts  of  the  commission  and  of  correctional officials to improve conditions of care, treatment, safety, supervision, rehabilitation,  recreation,  training  and  education  in  correctional facilities;   2. Foster and promote research and  study  in  areas  of  correctional policy  and  program  development  deemed  necessary or desirable by the commission or the council;   3. Meet at  least  once  per  calendar  month  at  a  time  and  place designated by the chairman of the council.