2023 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  one  of  the  veterans'  services  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
one  of  the  veterans' services 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 chair of the commission as chair 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.