NY Corr L § 45 (2021)
2021 New York Laws COR - Correction Article 3 - State Commission of Correction 45 - Functions, Powers and Duties of the Commission.

§  45.  Functions, powers and duties of the commission. The commission shall have the following functions, powers and duties:   1. Advise and assist the governor in developing  policies,  plans  and programs for improving the administration of correctional facilities and the delivery of services therein.   2.  Make  recommendations to administrators of correctional facilities for improving the administration of such correctional facilities and the delivery of services therein.   3.  Except  in  circumstances  involving  health,  safety  or  alleged violations  of  established  standards  of  the  commission,  visit, and inspect correctional facilities consistent with a schedule determined by the chairman of the  commission,  taking  into  consideration  available resources,  workload  and  staffing, and appraise the management of such correctional facilities with  specific  attention  to  matters  such  as safety,   security,   health   of   incarcerated  individuals,  sanitary conditions, rehabilitative programs, disturbance and fire prevention and control preparedness, and adherence to laws  and  regulations  governing the rights of incarcerated individuals.   4.   Establish   procedures   to  assure  effective  investigation  of grievances of, and conditions  affecting,  incarcerated  individuals  of local  correctional facilities. Such procedures shall include but not be limited to receipt of written complaints,  interviews  of  persons,  and on-site  monitoring  of  conditions.  In  addition, the commission shall establish procedures for the speedy and impartial review  of  grievances referred  to it by the commissioner of the department of corrections and community supervision.   5. Ascertain and  recommend  such  system  of  employing  incarcerated individuals  of  correctional  facilities as may, in the opinion of said commission, be  for  the  best  interest  of  the  public  and  of  said incarcerated  individuals and not in conflict with the provisions of the constitution or  laws  of  the  state  relating  to  the  employment  of incarcerated individuals.   6. Promulgate rules and regulations establishing minimum standards for the review of the construction or improvement of correctional facilities and  the  care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in correctional facilities. Such  rules  and  regulations  shall  be  forwarded  to  the governor,  the  temporary president of the senate and the speaker of the assembly no later than January first, nineteen hundred  seventy-six  and annually thereafter.   6-a.  Promulgate  rules  and  regulations  to  assure  that persons in custody in local correctional  facilities,  including  persons  awaiting arraignment,  are  furnished or have access to the type of food required by their religious dietary rules or medically prescribed diets, if any.   6-b. Promulgate  rules  and  regulations,  in  consultation  with  the division  for  youth,  establishing  minimum  standards  for  the  care, custody, rehabilitation, treatment, supervision,  discipline  and  other programs for correctional facilities operated by the division for youth.   7. Place such members of its staff as it deems appropriate as monitors in  any  local  correctional  facility  which,  in  the  judgment of the commission, presents  an  imminent  danger  to  the  health,  safety  or security   of   the   incarcerated  individuals  or  employees  of  such correctional facility or of the public.   8. (a) Close any correctional facility which is unsafe, unsanitary  or inadequate to provide for the separation and classification of prisoners required  by  law or which has not adhered to or complied with the rules or regulations promulgated with respect to  any  such  facility  by  the commission  pursuant  to  the  provisions  of  subdivision  six  of this  section; provided, however, that before such facility may be closed  due to  conditions which are unsafe, unsanitary or inadequate to provide for the separation and classification of  prisoners,  the  commission  shall cause  a  citation  to  be  mailed to the appropriate municipal or other official at least ten days before the return day thereof  directing  the responsible  authorities  designated to appear before such commission at the time and place set forth in the citation, and show  cause  why  such correctional  facility  should not be closed. After a hearing thereon or upon the failure to appear, such commission is empowered to  order  such facility  designated  in  the citation closed within twenty days, during which time the respondent authority may review such order in the  manner provided  in  article seventy-eight of the civil practice law and rules, in the supreme court. Fifteen days after the order  to  close  has  been served  by a registered letter upon the appropriate official if no court review has been  taken,  and  fifteen  days  after  the  order  of  such commission  has  been  confirmed  by the court, in case of court review, such facility designated in the order shall be closed, and it  shall  be unlawful  to  confine  or  detain  any  person  therein  and any officer confining or detaining any person therein shall be guilty of a  class  A misdemeanor.  (b)  Before  a correctional facility as defined in subdivision four of section two of this chapter, may be closed for a reason other than those set forth in paragraph  (a)  of  this  subdivision,  the  provisions  of section seventy-nine-a of this chapter shall be adhered to.   10. Approve or reject plans and specifications for the construction or improvement  of  correctional facilities that directly affect the health of incarcerated individuals and staff, safety, or security.   12. Make an annual report to the governor and  legislature  concerning its  work and the work of the board and the council during the preceding year, and such further interim  reports  to  the  governor,  or  to  the governor  and  legislature,  as  it shall deem advisable, or as shall be required by the governor.   13. Accept, with the approval of the governor, as agent of  the  state any grant, including federal grants, or any gift for any of the purposes of  this  article.  Any  moneys  so  received  may  be  expended  by the commission to effectuate any purpose of this  article,  subject  to  the same  limitations  as  to  approval  of  expenditures  and  audit as are prescribed for state  moneys  appropriated  for  the  purposes  of  this article.   14.   Enter   into  contracts  with  any  person,  firm,  corporation, municipality, or governmental agency.   15. Adopt, amend or rescind such  rules  and  regulations  as  may  be necessary  or convenient to the performance of the functions, powers and duties of the commission.   16. Do all other things necessary  or  convenient  to  carry  out  its functions, powers and duties expressly set forth in this article.   * 17.  Make  an  annual  report  to  the governor, the chairman of the assembly  committee  on  correction  and  the  chairman  of  the  senate committee on crime victims, crime and correction concerning incarcerated individuals  confined  in  local  correctional facilities pursuant to an agreement authorized by section five hundred-o  of  this  chapter.  Such report  shall  include  but  not  be  limited  to the number of counties maintaining such agreements and the number of  incarcerated  individuals confined pursuant to such agreements.   * NB Repealed September 1, 2023   * 18.  Assess  compliance  of  local  correctional facilities with the terms of paragraphs (h), (i),  (j),  (k),  (l),  (m),  (n)  and  (o)  of subdivision six of section one hundred thirty-seven of this chapter. The  commission  shall  issue  a  public  report  regarding  all  aspects  of segregated confinement and residential  rehabilitation  units  at  least annually  with  recommendations  to  local  correctional facilities, the governor,  the  legislature,  including  but not limited to policies and practices regarding: (a) placement of persons; (b) special  populations; (c)  length  of  time  spent  in  segregated confinement and residential treatment units; (d) hearings and procedures; (e) conditions,  programs, services,  care,  and  treatment;  and  (f)  assessments, rehabilitation plans, and discharge procedures.   * NB Effective March 31, 2022   * NB There are 2 sb 18's   * 18. Establish standards and guidelines for a program  of  medication assisted   treatment   for   inmates   in  county  jails  and/or  county correctional facilities equivalent to the program established  in  state correctional  facilities  pursuant  to section six hundred twenty-six of this  chapter  and  submit  an  annual  report   consistent   with   the requirements of subdivision three of such section.   * NB Effective February 4, 2022   * NB There are 2 sb 18's