N.Y. Correction Law § 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. Visit, inspect and appraise the management of 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. Such visits, inspections and appraisals shall occur, at a

minimum, annually for jails, specialized secure juvenile detention

facilities for older youth, facilities operated by the department, and

secure facilities operated by the office of children and family

services.

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. The commission shall maintain a

website that allows for the submission of written complaints regarding

any correctional facility, and provides the commission's address for the

receipt of complaints by mail. The commission shall promulgate rules and

regulations requiring correctional facilities to provide incarcerated

individuals, in writing, the commission's website and mailing address.

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 chair of the assembly

committee on correction and the chair 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, 2029

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.