N.Y.
Correction Law Section 45
Functions, powers and duties of the commission
1.
Advise and assist the governor in developing policies, plans and programs for improving the administration of correctional facilities and the delivery of services therein.2.
Make recommendations to administrators of correctional facilities for improving the administration of such correctional facilities and the delivery of services therein.3.
Except in circumstances involving health, safety or alleged violations of established standards of the commission, visit, and inspect correctional facilities consistent with a schedule determined by the chairman of the commission, taking into consideration available resources, workload and staffing, and appraise the management of such correctional facilities with specific attention to matters such as safety, security, health of incarcerated individuals, sanitary conditions, rehabilitative programs, disturbance and fire prevention and control preparedness, and adherence to laws and regulations governing the rights of incarcerated individuals.4.
Establish procedures to assure effective investigation of grievances of, and conditions affecting, incarcerated individuals of local correctional facilities. Such procedures shall include but not be limited to receipt of written complaints, interviews of persons, and on-site monitoring of conditions. In addition, the commission shall establish procedures for the speedy and impartial review of grievances referred to it by the commissioner of the department of corrections and community supervision.5.
Ascertain and recommend such system of employing incarcerated individuals of correctional facilities as may, in the opinion of said commission, be for the best interest of the public and of said incarcerated individuals and not in conflict with the provisions of the constitution or laws of the state relating to the employment of incarcerated individuals.6.
Promulgate rules and regulations establishing minimum standards for the review of the construction or improvement of correctional facilities and the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in correctional facilities. Such rules and regulations shall be forwarded to the governor, the temporary president of the senate and the speaker of the assembly no later than January first, nineteen hundred seventy-six and annually thereafter. 6-a. Promulgate rules and regulations to assure that persons in custody in local correctional facilities, including persons awaiting arraignment, are furnished or have access to the type of food required by their religious dietary rules or medically prescribed diets, if any. 6-b. Promulgate rules and regulations, in consultation with the division for youth, establishing minimum standards for the care, custody, rehabilitation, treatment, supervision, discipline and other programs for correctional facilities operated by the division for youth.7.
Place such members of its staff as it deems appropriate as monitors in any local correctional facility which, in the judgment of the commission, presents an imminent danger to the health, safety or security of the incarcerated individuals or employees of such correctional facility or of the public.8.
(a) Close any correctional facility which is unsafe, unsanitary or inadequate to provide for the separation and classification of prisoners required by law or which has not adhered to or complied with the rules or regulations promulgated with respect to any such facility by the commission pursuant to the provisions of subdivision six of this section; provided, however, that before such facility may be closed due to conditions which are unsafe, unsanitary or inadequate to provide for the separation and classification of prisoners, the commission shall cause a citation to be mailed to the appropriate municipal or other official at least ten days before the return day thereof directing the responsible authorities designated to appear before such commission at the time and place set forth in the citation, and show cause why such correctional facility should not be closed. After a hearing thereon or upon the failure to appear, such commission is empowered to order such facility designated in the citation closed within twenty days, during which time the respondent authority may review such order in the manner provided in article seventy-eight of the civil practice law and rules, in the supreme court. Fifteen days after the order to close has been served by a registered letter upon the appropriate official if no court review has been taken, and fifteen days after the order of such commission has been confirmed by the court, in case of court review, such facility designated in the order shall be closed, and it shall be unlawful to confine or detain any person therein and any officer confining or detaining any person therein shall be guilty of a class A misdemeanor.(b)
Before a correctional facility as defined in subdivision four of § 2 (Definitions)section two of this chapter, may be closed for a reason other than those set forth in paragraph (a) of this subdivision, the provisions of § 79-A (Closure of correctional facilities)section seventy-nine-a of this chapter shall be adhered to.10.
Approve or reject plans and specifications for the construction or improvement of correctional facilities that directly affect the health of incarcerated individuals and staff, safety, or security.12.
Make an annual report to the governor and legislature concerning its work and the work of the board and the council during the preceding year, and such further interim reports to the governor, or to the governor and legislature, as it shall deem advisable, or as shall be required by the governor.13.
Accept, with the approval of the governor, as agent of the state any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys so received may be expended by the commission to effectuate any purpose of this article, subject to the same limitations as to approval of expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article.14.
Enter into contracts with any person, firm, corporation, municipality, or governmental agency.15.
Adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of the functions, powers and duties of the commission.16.
Do all other things necessary or convenient to carry out its functions, powers and duties expressly set forth in this article. * 17. Make an annual report to the governor, the chairman of the assembly committee on correction and the chairman of the senate committee on crime victims, crime and correction concerning incarcerated individuals confined in local correctional facilities pursuant to an agreement authorized by § 500-O (Agreements for custody of incarcerated individuals from other states)section five hundred-o of this chapter. Such report shall include but not be limited to the number of counties maintaining such agreements and the number of incarcerated individuals confined pursuant to such agreements. * NB Repealed September 1, 2026 18. Assess compliance of local correctional facilities with the terms of paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivision six of § 137 (Program of treatment, control, discipline at correctional facilities)section one hundred thirty-seven of this chapter. The commission shall issue a public report regarding all aspects of segregated confinement and residential rehabilitation units at least annually with recommendations to local correctional facilities, the governor, the legislature, including but not limited to policies and practices regarding:(a)
placement of persons;(b)
special populations;(c)
length of time spent in segregated confinement and residential treatment units;(d)
hearings and procedures;(e)
conditions, programs, services, care, and treatment; and(f)
assessments, rehabilitation plans, and discharge procedures.19.
Establish standards and guidelines for a program of medication assisted treatment for incarcerated individuals in county jails and/or county correctional facilities equivalent to the program established in state correctional facilities pursuant to § 626 (Medication assisted treatment in correctional facilities)section six hundred twenty-six of this chapter and submit an annual report consistent with the requirements of subdivision three of such section.
Source:
Section 45 — Functions, powers and duties of the commission, https://www.nysenate.gov/legislation/laws/COR/45 (updated Aug. 25, 2023; accessed Apr. 27, 2024).
