N.Y.
Correction Law Section 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.
Source:
Section 7 — Organization of department of corrections and community supervision; officers and employees; delegation by commissioner, https://www.nysenate.gov/legislation/laws/COR/7 (updated May 16, 2025; accessed May 14, 2025).
