N.Y. Correction Law § 7: Organization of department of corrections and community supervision; officers and employees; delegation by commissioner

§ 7. Organization of department of corrections and community

supervision; officers and employees; delegation by commissioner. 1. The

commissioner of corrections and community supervision may, from time to

time, create, abolish, transfer and consolidate divisions, bureaus and

other units within the department not expressly established by law as he

or she may determine necessary for the efficient operation of the

department, subject to the approval of the director of the budget.

2. The commissioner of corrections and community supervision may

appoint such deputies, directors, assistants and other officers and

employees as may be needed for the performance of his or her duties and

may prescribe their powers and duties and fix their compensation within

the amounts appropriated therefor.

3. The commissioner may by order filed in the department of

corrections and community supervision delegate any of his or her powers

to or direct any of his or her duties to be performed by a deputy

commissioner or a head of a division or bureau of such department.

4. (a) The commissioner shall not appoint any person as a correction

officer or parole officer, unless such person has attained their

twenty-first birthday, except as provided in paragraph (b) of this

subdivision.

(b)(i) The commissioner may appoint a person as a correction officer

after such person has attained their eighteenth birthday but before such

person has attained their twenty-first birthday if such person has taken

the civil service examination to become a correction officer on or

before the sixtieth day following the day the commissioner first reports

a staffing capacity of ninety percent or more after the effective date

of this paragraph. This subparagraph shall not be construed to prevent

any person appointed pursuant to this paragraph from continuing to serve

as a correction officer after such date, subject to the restrictions in

subparagraph (ii) of this paragraph.

(ii) A person serving as a correction officer prior to their

twenty-first birthday shall not:

(1) obtain or use a firearm as a peace officer or as any part of their

employment duties;

(2) conduct outside transport of incarcerated individuals, perform

wall tower and arsenal duties, or any other role that requires a

firearm;

(3) perform contact roles with incarcerated individuals without

supervision in their first eighteen months of service as a correction

officer;

(4) provide outside hospital coverage; or

(5) supervise outside work crews or community crews.

(iii) The department shall provide enhanced training and mentorship

programs for correction officers under the age of twenty-one.

(iv) Nothing in this paragraph shall be construed to interfere with or

conflict with the collective bargaining agreement with respect to the

process of bidding on posts, provided that no correction officer may bid

on a post for which they are not eligible pursuant to subparagraph (ii)

of this paragraph.

(c) Within ninety days of the effective date of this paragraph and

quarterly thereafter until the commissioner reports a staffing capacity

of ninety percent or more, the commissioner shall review department

staffing levels and report the department's staffing capacity to the

governor, the temporary president of the senate, the speaker of the

assembly, the minority leader of the senate, and the minority leader of

the assembly and shall post such report on its website.