2023 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, 2026
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.
19. Establish standards and guidelines for  a  program  of  medication
assisted  treatment  for incarcerated individuals 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.