N.Y. Correction Law § 47: Functions, powers and duties of the board

§ 47. Functions, powers and duties of the board. 1. The board shall

have the following functions, powers and duties:

(a) Investigate and review the cause and circumstances surrounding the

death of any incarcerated individual of a correctional facility.

(b) Visit and inspect any correctional facility wherein an

incarcerated individual has died.

(c) Cause the body of the deceased to undergo such examinations,

including an autopsy, as in the opinion of the board, are necessary to

determine the cause of death, irrespective of whether any such

examination or autopsy shall have previously been performed.

(d) Upon review of the cause of death and circumstances surrounding

the death of any incarcerated individual, the board shall submit its

report thereon to the commission and to the governor, the chair of the

assembly committee on correction and the chair of the senate committee

on crime victims, crime and correction and, where appropriate, make

recommendations to prevent the recurrence of such deaths to the

commission and the administrator of the appropriate correctional

facility. The report provided to the governor, the chair of the assembly

committee on correction and the chair of the senate committee on crime

victims, crime and correction shall not be redacted except as otherwise

required to protect confidential medical records and behavioral health

records in accordance with state and federal laws, rules, and

regulations.

(e) (i) Investigate and report to the commission on the condition of

systems for the delivery of medical care to incarcerated individuals of

correctional facilities and where appropriate recommend such changes as

it shall deem necessary and proper to improve the quality and

availability of such medical care. Such report and recommendation shall

minimally consist of an annual report of the board to the commission.

(ii) The board shall be responsive to inquiries from the next of kin

and other person designated as a representative of any incarcerated

individual whose death takes place during custody in a state

correctional facility regarding the circumstances surrounding the death

of such incarcerated individual. Contact information for the next of kin

and designated representative shall be provided by the department to the

board from the emergency contact information previously provided by the

incarcerated individual to the department.

2. Every administrator of a correctional facility shall immediately

report to the board the death of an incarcerated individual of any such

facility in such manner and form as the board shall prescribe, together

with an autopsy report.