N.Y.
Correction Law Section 146
Persons authorized to visit correctional facilities
1.
The following persons shall be authorized to visit at pleasure all correctional facilities: The governor and lieutenant-governor, commissioner of general services, secretary of state, comptroller and attorney-general, members of the commission of correction, members of the legislature and their accompanying staff and any employee of the department as requested by the member of the legislature if the member requests to be so accompanied, provided that such request does not impact upon the department’s ability to supervise, manage and control its facilities as determined by the commissioner, judges of the court of appeals, supreme court and county judges, district attorneys and every clergyman or minister, as such terms are defined in Religious Corporations Law § 2 (Definitions)section two of the religious corporations law, having charge of a congregation in the county wherein any such facility is situated. No other person not otherwise authorized by law shall be permitted to enter a correctional facility except by authority of the commissioner of correction under such regulations as the commissioner shall prescribe.2.
Notwithstanding any other provision of law to the contrary, on each September thirteenth anniversary date of the nineteen hundred seventy-one retaking of Attica correctional facility, in the absence of an emergency situation or other exigent circumstance, the commissioner shall ensure that any surviving state employees who were held as hostages and any immediate family members, as that term is defined in subdivision four of section 120.40 of the penal law, of any of the state employees who were held hostage for any period by rioting incarcerated individuals during the period from September ninth through September thirteenth, nineteen hundred seventy-one, shall be afforded access to the outside grounds of Attica correctional facility to conduct a private commemorative ceremony in front of the Attica monument upon which are inscribed the names of employees who died as a result of the uprising and subsequent retaking.3.
a. Notwithstanding any other provision of law to the contrary, the correctional association shall be permitted to access, visit, inspect, and examine all state correctional facilities with twenty-four hours advance notice to the department. Up to twelve people may comprise the visiting party; provided, however, that only four people from the party may enter a special housing facility or unit at the same time. Prior to the visitation authorized pursuant to this subdivision, the correctional association shall provide to the department on, at least, an annual basis a list of people who will be visiting the facility or facilities, including names, dates of birth, driver’s license numbers and their designation as an employee, board member, or designee in order for the department to perform prompt background checks. The department may not place restrictions on such visits and inspections, including during periods when a facility is locked down or experiencing a facility wide emergency; provided, however, that the department may restrict access to a portion of a facility in an emergency situation for the duration of the emergency. For the purpose of this subdivision, an emergency shall be determined by the commissioner or the commissioner’s designee and defined as a significant risk to the safety or security of the facility, or the health, safety or security of staff or incarcerated individuals, or an event that significantly compromises the operations of the facility.b.
At the commencement and conclusion of any visits to, or inspections and examinations of, state correctional facilities, the superintendent and executive team, to the extent practicable and upon request by the correctional association, shall meet with the correctional association. Privately without representatives of the central office present, representatives of the office of mental health and any other entities or agencies providing services in a facility shall meet with the correctional association, upon the correctional association’s request during the course of any visit. The correctional association may meet privately with the incarcerated individual liaison committee and representatives of the incarcerated individual grievance resolution committee or any other organization of incarcerated individuals recognized by the department.c.
During the course of any such visit, inspection or examination, and upon consent of the person being interviewed, the correctional association shall have the power to interview and converse publicly or confidentially with any correctional employee or administrator, any incarcerated individual, and any other person providing, supervising, or monitoring services in a correctional facility, whether or not employed by such facility. Such interviews shall not be restricted by the department or the office of mental health or any other agency or attended by anyone on behalf of the department or the office of mental health or any other agency, nor shall there be any retaliation or adverse action taken by the department or other state agency against anyone who speaks with the correctional association. The department may not limit the number of individuals the correctional association may interview or the duration of the interviews, in any manner unreasonable under the circumstances. The correctional association shall have the power to conduct private, confidential meetings reasonable in number under a facility’s immediate circumstances at their pleasure and without notice to the department with incarcerated individuals in housing units and in attorney visiting rooms or other rooms in the facility in which their conversations will remain confidential. No department employee may attend or listen to any such meeting without the consent of the correctional association.d.
The correctional association may request and receive from the department information and data as will enable the correctional association to carry out its functions, powers and duties. The correctional association shall have access to the following information and records on a quarterly basis:(i)
individuals admitted into custody, which shall contain, at minimum, individual-level records of all individuals admitted to custody, including the individual’s department ID, demographic information, admission type, reception facility name and housing unit, reception date, sentencing, and crime information;(ii)
individuals under custody, which shall contain, at minimum, individual-level records of all individuals presently under custody, including the individual’s department ID, demographic information, current facility name and housing unit, date of original and latest reception at the facility, out counts, sentencing and crime information, and parole eligibility and relevant dates;(iii)
individuals released from custody, which shall contain, at minimum, individual-level records of all individuals released from custody, including the individual’s department ID, demographic information, releasing facility name and housing unit, release date, release county, sentencing and crime information, and parole eligibility and relevant dates;(iv)
individuals on parole, which shall contain, at minimum, individual-level records of all individuals on parole, including the individual’s department ID, demographic information, discharging facility name and housing unit, start and release date, sentencing and crime information, custody status, and voting pardon status;(v)
programming, education, vocational, and work assignment requirements, enrollment, and fulfillment, which shall contain, at minimum, individual-level records of all individuals under custody, including the individual’s department ID, programs mandated by the department, and indicators of whether the individual is not enrolled, is on the waitlist, or has already completed any such requirement;(vi)
departmental staffing levels, which shall contain, at minimum, facility-level records of budgeted fill level, recommended staffing level, and actual filled items split by job category, including aggregate data on staff on leave, and on the average of daily closed posts for each quarter;(vii)
deaths, which shall contain, at minimum, individual-level records of all individuals who died while under custody, including the individual’s department ID, date and time of death, date of report, demographic information, facility name and housing unit at time of death, location of terminal incident, reported immediate cause of death, and an indicator of whether an autopsy was performed;(viii)
unusual incidents, which shall contain, at minimum, report-level information for all unusual incidents, as defined by the department at the current time, including the incident code, the name and code of the facility where the incident took place, the date and time of the incident, the location within the facility, the name and code of the categories and subcategories indicated in the report, the roles of all individuals involved in the report (including incarcerated and nonincarcerated individuals), the weapons used by each individual, if applicable, the type of force applied by department staff on each individual, if applicable, and the degree of injury to staff and incarcerated individuals;(ix)
disciplinary charges and penalties, which shall contain, at minimum, charge-level information for all disciplinary incidents, including: the incarcerated individual’s department ID and facility name; the location, date, and time of the incident; the tier, code, and description of each charge; the date of the hearing; and the outcome and penalty associated with each charge; and(x)
grievances and appeals, which shall contain, at minimum, grievance-level information for all grievances filed with the department, including those resolved informally, including: the incarcerated individual’s department ID; ID, date filed, category, type, and facility of the grievance; and the outcomes and outcome dates for all reviews, including those by the incarcerated grievance resolution committee, superintendent, and central office review committee.e.
The correctional association shall periodically, but not less than every five years, conduct inspections of each state correctional facility, prioritized based on the correctional association’s assessment of systemic issues, and issue reports and recommendations to the governor, the legislature and the public about the conditions and issues at correctional facilities. When preparing such formal reports and recommendations, the correctional association shall submit a tentative copy of such report and recommendations to the commissioner. The commissioner may submit a written response to such tentative report within sixty days of the receipt thereof, including a plan of action for addressing the findings and recommendations. When the correctional association thereafter submits its final report and recommendations, it shall contain a complete copy of the response, if any, submitted to the tentative report and recommendations.f.
The correctional association may send written and/or electronic surveys or questionnaires to people in custody or employees concerning conditions of confinement, working conditions, or other subjects within the scope of their mission without prior approval of the department. People incarcerated shall be permitted to confidentially complete and return to the correctional association such surveys either in written format or electronically. The correctional association may also receive free confidential phone calls and emails from incarcerated individuals and/or set up a confidential hotline for individuals to use if they choose to contact them. Physical mail received and sent to the correctional association is defined as privileged correspondence, and any and all processing controls, allowances for limited free postage, and advances of incarcerated individual funds for postage shall apply to privileged correspondence received and sent to the correctional association. For the purposes of this section, identical incoming blank surveys and questionnaires shall not be defined as privileged correspondence.g.
The access, visits, and inspection of state correctional facilities by the correctional association pursuant to this subdivision shall be undertaken solely in furtherance of the correctional association’s lawful powers, duties and obligations, and information obtained pursuant to these powers shall be used solely in furtherance of the correctional association’s mission. Employees, board members and designees shall be required to sign an acknowledgement of the foregoing as a condition of entry into a correctional facility pursuant to this subdivision.
Source:
Section 146 — Persons authorized to visit correctional facilities, https://www.nysenate.gov/legislation/laws/COR/146 (updated Dec. 26, 2025; accessed Jan. 24, 2026).
