New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth › Part 7301 - LEGAL AUTHORITY › Section 7301.1 - Legal Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Article XVII, section 5 of the New York State Constitution provides that there
				  shall be a State Commission of Correction which shall visit and inspect all
				  institutions used for the detention of sane adults charged with or convicted of
				  a crime.
(b) For the purposes of
				  the State Commission of Correction's authority, Correction Law section
				  40(2) includes a specialized
				  secure juvenile detention facility for older youth within the definition of
				  "local correctional facility."
(c)
				  Correction Law Article 3 delineates the functions, powers and duties of the
				  State Commission of Correction, which include:
(1) to request and receive from any
				  department, division, board, bureau, commission or other agency of the State or
				  any political subdivision thereof or any public authority, such assistance,
				  information and data as will enable the commission, the board and the council
				  to properly carry out its functions, powers and duties;
(2) to visit, inspect and appraise the
				  management of correctional facilities with specific attention to matters such
				  as safety, security, health of inmates, sanitary conditions, rehabilitative
				  programs, disturbance and fire prevention and control preparedness and
				  adherence to laws and regulations governing the rights of inmates;
(3) to 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;
(4) to 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;
(5) to 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 failed
				  to adhere to or comply with the rules and regulations promulgated by the
				  commission;
(6) to approve or
				  reject plans or specifications for the construction or improvement of
				  correctional facilities;
(7) to
				  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;
(8) to have access at
				  any and all times to any correctional facility or part thereof and to all
				  books, records and data pertaining to any correctional facility deemed
				  necessary for carrying out the commission's functions, powers and
				  duties;
(9) to require from the
				  officers or employees of a correctional facility any information deemed
				  necessary;
(10) to issue and
				  enforce a subpoena or a subpoena duces tecum, administer oaths and examine
				  persons under oath;
(11) to notify
				  the chief administrative officer of any violation of the rules and regulations
				  promulgated by the commission and recommend remedial action and to issue a
				  directive requiring compliance with such rules and regulations. Upon the
				  failure of the chief administrative officer to comply with such directive, the
				  commission may apply to the Supreme Court for an order requiring compliance
				  with such rule, regulation or law ;
(12) to investigate and review the cause and
				  circumstances surrounding the death of any inmate of a correctional facility;
				  and
(13) to investigate the
				  condition of systems for the delivery of medical care to inmates of
				  correctional facilities.