N.Y. Correction Law § 46: Additional functions, powers and duties of the commission

§ 46. Additional functions, powers and duties of the commission. 1.

The commission, any member or any employee designated by the commission

must be granted access at any and all times to any correctional facility

or part thereof and to all books, records, medical and substance use

disorder treatment and transition services records of incarcerated

individuals and data pertaining to any correctional facility deemed

necessary for carrying out the commission's functions, powers and

duties. The commission, any member or any employee designated by the

chair may require from the officers or employees of a correctional

facility any information deemed necessary for the purpose of carrying

out the commission's functions, powers and duties. Commission members

and employees may conduct private interviews of correctional facility

officers and employees, who may be accompanied by counsel or a union

representative acting on such officer or employee's behalf. Commission

members and employees may also conduct private interviews of

incarcerated individuals, provided that participation in such interviews

shall be voluntary and the incarcerated individual may be accompanied by

counsel.

2. In the exercise of its functions, powers and duties, the

commission, any member, and any attorney employed by the commission is

authorized to issue and enforce a subpoena and a subpoena duces tecum,

administer oaths and examine persons under oath, in accordance with and

pursuant to civil practice law and rules. A person examined under oath

pursuant to this subdivision shall have the right to be accompanied by

counsel who shall advise the person of their rights subject to

reasonable limitations to prevent obstruction of, or interference with,

the orderly conduct of the examination. Notwithstanding any other

provision of law, a subpoena may be issued and enforced pursuant to this

subdivision for the medical records of an incarcerated individual of a

correctional facility, regardless of whether such medical records were

made during the course of the incarcerated individual's incarceration.

3. In any case where a person in charge or control of a correctional

facility or an officer or employee thereof shall fail to comply with the

provisions of subdivision one, or in any case where a coroner, coroner's

physician or medical examiner shall fail to comply with the provisions

of subdivision six of section six hundred seventy-seven of the county

law, the commission may apply to the supreme court for an order directed

to such person requiring compliance therewith. Upon such application the

court may issue such order as may be just and a failure to comply with

the order of the court shall be a contempt of court and punishable as

such.

4. In any case where any rule or regulation promulgated by the

commission pursuant to subdivision six of section forty-five of this

article or the laws relating to the construction, management and affairs

of any correctional facility or the care, treatment and discipline of

its incarcerated individuals, are being or are about to be violated, the

commission shall notify the person in charge or control of the facility

of such violation, recommend remedial action, and direct such person to

comply with the rule, regulation or law, as the case may be. Upon the

failure of such person to comply with the rule, regulation or law the

commission may apply to the supreme court for an order directed to such

person requiring compliance with such rule, regulation or law. Upon such

application the court may issue such order as may be just and a failure

to comply with the order of the court shall be a contempt of court and

punishable as such.