N.Y.
Correction Law Section 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 chairman of the assembly committee on correction and the chairman 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 chairman of the assembly committee on correction and the chairman 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.(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.
Source:
Section 47 — Functions, powers and duties of the board, https://www.nysenate.gov/legislation/laws/COR/47 (updated Aug. 13, 2021; accessed Oct. 26, 2024).
