§ 42 — Citizen's policy and complaint review council; organization; functions, powers and duties

New York § 42

• Jurisdiction: New York
• Law COR: Correction
• Art. 3: State Commission of Correction

Text

§ 42. Citizen's policy and complaint review council; organization;\nfunctions, powers and duties. (a) 1. There shall be within the\ncommission a citizen's policy and complaint review council. It shall\nconsist of nine persons to be appointed by the governor, by and with the\nadvice and consent of the senate. One person so appointed shall have\nserved in the armed forces of the United States in any foreign war,\nconflict or military occupation, who (i) was discharged therefrom under\nother than dishonorable conditions, or (ii) has a qualifying condition,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or (iii) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, or shall be a duly\nlicensed mental health professional who has professional experience or\ntraining with regard to post-traumatic stress syndrome. One person so\nappointed shall be an attorney admitted to practice in this state. One\nperson so appointed shall be a former incarcerated individual of a\ncorrectional facility. One person so appointed shall be a former\ncorrection officer. One person so appointed shall be a former resident\nof a division for youth secure center or a health care professional duly\nlicensed to practice in this state. One person so appointed shall be a\nformer employee of the office of children and family services who has\ndirectly supervised youth in a secure residential center operated by\nsuch office. In addition, the governor shall designate one of the\nfull-time members other than the chair of the commission as chair of the\ncouncil to serve as such at the pleasure of the governor.\n 2. The nine appointed members of the council shall hold office for\nfive years; provided that of the seven members first appointed, two\nshall be appointed for a term of one year, two shall be appointed for a\nterm of two years, one shall be appointed for a term of three years, one\nshall be appointed for a term of four years and one shall be appointed\nfor a term of five years from January first next succeeding their\nappointment. Any appointed member of the council may be removed by the\ngovernor for cause after an opportunity to be heard in his defense.\n * 3. Any member chosen to fill in a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nmember whom he is to succeed. Vacancies caused by the expiration of term\nor otherwise shall be filled in the same manner as original\nappointments.\n * NB Effective until May 9, 2026\n * 3. Any member chosen to fill in a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nsucceeded member. Vacancies caused by the expiration of term or\notherwise shall be filled in the same manner as original appointments.\n * NB Effective May 9, 2026\n * 4. The members of the council other than the chairman shall receive\nno compensation for their services but each member other than the\nchairman shall be entitled to receive his or her actual and necessary\nexpenses incurred in the performance of his or her duties.\n * NB Effective until May 9, 2026\n * 4. The members of the council other than the chair shall receive no\ncompensation for their services but each member other than the chair\nshall be entitled to receive actual and necessary expenses incurred in\nthe performance of council duties.\n * NB Effective May 9, 2026\n * 5. No appointed member of the council shall qualify or enter upon\nthe duties of his office, or remain therein, while he is an officer or\nemployee of the department of corrections and community supervision or\nany correctional facility or is in a position where he exercises\nadministrative supervision over any correctional facility. The council\nshall have such staff as shall be necessary to assist it in the\nperformance of its duties within the amount of the appropriation\ntherefor as determined by the chairman of the commission.\n * NB Effective until May 9, 2026\n * 5. No appointed member of the council shall qualify or enter upon\nthe duties of office, or remain therein, while an officer or employee of\nthe department of corrections and community supervision or any\ncorrectional facility or is in a position to exercise administrative\nsupervision over any correctional facility. The council shall have such\nstaff as shall be necessary to assist it in the performance of its\nduties within the amount of the appropriation therefor as determined by\nthe chair of the commission.\n * NB Effective May 9, 2026\n (b) The council and each member thereof shall have the following\nfunctions, powers and duties:\n 1. To investigate, review or take such other action as shall be deemed\nnecessary or proper with respect to complaints or grievances regarding\nany local correctional facility or part thereof as shall be called to\nits attention in writing.\n 2. To have access, at any and all times, to any local correctional\nfacility or part thereof and to all books, records, and data pertaining\nto any local correctional facility which are deemed necessary for\ncarrying out the council's functions, powers and duties.\n 3. To obtain from administrators, officers or employees of any local\ncorrectional facility any information deemed necessary for the purpose\nof carrying out its functions, powers and duties.\n 4. To request and receive temporary office space in any local\ncorrectional facility for the purpose of carrying out its functions,\npowers and duties.\n 5. To report periodically to the commission and, where appropriate, to\nmake such recommendations as are necessary to fulfill the purposes of\nthis article to the commission and to the administrator of any local\ncorrectional facility.\n (c) In addition to the functions, powers and duties prescribed by\nsubdivision (b) of this section, the council shall\n * 1. Advise and assist the commission in developing policies, plans\nand programs for improving the commission's performance of its duties\nand for coordinating the efforts of the commission and of correctional\nofficials to improve conditions of care, treatment, safety, supervision,\nrehabilitation, recreation, training and education in correctional\nfacilities;\n * NB Effective until May 9, 2026\n * 1. Advise and assist the commission in developing policies, plans\nand programs for improving the commission's performance of its duties\nand for coordinating the efforts of the commission and of correctional\nofficials to improve conditions of care, treatment, safety, supervision,\nrehabilitation, recreation, training and education in correctional\nfacilities. Such advice and assistance shall minimally consist of an\nannual report of the council to the commission;\n * NB Effective May 9, 2026\n 2. Foster and promote research and study in areas of correctional\npolicy and program development deemed necessary or desirable by the\ncommission or the council;\n * 3. Meet at least once per calendar month at a time and place\ndesignated by the chairman of the council.\n * NB Effective until May 9, 2026\n * 3. Meet at least once per calendar month at a time and place\ndesignated by the chair of the council.\n * NB Effective May 9, 2026\n