N.Y. Correction Law § 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, six of whom shall 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 part-time

commission members appointed shall serve on the council. Lastly, 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 six appointed members of the council shall hold office for five

years. Any appointed member of the council may be removed by the

governor for cause after an opportunity to be heard in their 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

succeeded member. 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 commission members shall

receive no compensation for their services but each member other than

the commission members shall be entitled to receive actual and necessary

expenses incurred in the performance of council duties.

5. No appointed member of the council shall qualify or enter upon the

duties of office, or remain therein, while an officer or employee of the

department of corrections and community supervision or any correctional

facility or is in a position to exercise 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 chair of the

commission.

6. Notwithstanding any provision of this section to the contrary, any

member of the council serving on the effective date of this paragraph

may continue to serve until such member resigns, is removed, or

otherwise vacates such office.

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

succeeded member. 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 chair shall receive no

compensation for their services but each member other than the chair

shall be entitled to receive actual and necessary expenses incurred in

the performance of council duties.

5. No appointed member of the council shall qualify or enter upon the

duties of office, or remain therein, while an officer or employee of the

department of corrections and community supervision or any correctional

facility or is in a position to exercise 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 chair 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. Such advice and assistance shall minimally consist of an

annual report of the council to the commission;

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 chair of the council.