N.Y. Executive Law § 259-k: Access to records and institutions

§ 259-k. Access to records and institutions. 1. All case files shall

be maintained by the department for use by the department and board. The

department and board and authorized officers and employees thereof shall

have complete access to such files and the board of parole shall have

the right to make such entries as the board of parole shall deem

appropriate in accordance with law.

2. The board shall make rules for the purpose of maintaining the

confidentiality of records, information contained therein and

information obtained in an official capacity by officers, employees or

members of the board of parole.

3. Members of the board and officers and employees of the department

providing community supervision services and designated by the

commissioner shall have free access to all incarcerated individuals

confined in institutions under the jurisdiction of the department, the

office of children and family services and the department of mental

hygiene in order to enable them to perform their functions, provided,

however, that the department of mental hygiene may temporarily restrict

such access where it determines, for significant clinical reasons, that

such access would interfere with its care and treatment of the mentally

ill incarcerated individual. If under the provisions of this subdivision

an incarcerated individual is not accessible for release consideration

by the board, that incarcerated individual shall be scheduled to see the

board in the month immediately subsequent to the month within which he

or she was not available.

4. Upon a determination by the department and board of parole that

records regarding an individual presently under the supervision of the

department are relevant to an investigation of child abuse or

maltreatment conducted by a child protective service pursuant to title

six of article six of the social services law, the department and board

shall provide the records determined to be relevant to the child

protective service conducting the investigation. The department and

board shall promulgate rules for the transmission of records required to

be provided under this section.