§ 46 — Additional functions, powers and duties of the commission

New York § 46

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

Text

§ 46. Additional functions, powers and duties of the commission. * 1.\nThe commission, any member or any employee designated by the commission\nmust be granted access at any and all times to any correctional facility\nor part thereof and to all books, records, medical records of\nincarcerated individuals and data pertaining to any correctional\nfacility deemed necessary for carrying out the commission's functions,\npowers and duties. The commission, any member or any employee designated\nby the chairman may require from the officers or employees of a\ncorrectional facility any information deemed necessary for the purpose\nof carrying out the commission's functions, powers and duties.\n * NB Effective until May 9, 2026\n * 1. The commission, any member or any employee designated by the\ncommission must be granted access at any and all times to any\ncorrectional facility or part thereof and to all books, records, medical\nand substance use disorder treatment and transition services records of\nincarcerated individuals and data pertaining to any correctional\nfacility deemed necessary for carrying out the commission's functions,\npowers and duties. The commission, any member or any employee designated\nby the chair may require from the officers or employees of a\ncorrectional facility any information deemed necessary for the purpose\nof carrying out the commission's functions, powers and duties.\nCommission members and employees may conduct private interviews of\ncorrectional facility officers and employees, who may be accompanied by\ncounsel or a union representative acting on such officer or employee's\nbehalf. Commission members and employees may also conduct private\ninterviews of incarcerated individuals, provided that participation in\nsuch interviews shall be voluntary and the incarcerated individual may\nbe accompanied by counsel.\n * NB Effective May 9, 2026\n 2. In the exercise of its functions, powers and duties, the\ncommission, any member, and any attorney employed by the commission is\nauthorized to issue and enforce a subpoena and a subpoena duces tecum,\nadminister oaths and examine persons under oath, in accordance with and\npursuant to civil practice law and rules. A person examined under oath\npursuant to this subdivision shall have the right to be accompanied by\ncounsel who shall advise the person of their rights subject to\nreasonable limitations to prevent obstruction of, or interference with,\nthe orderly conduct of the examination. Notwithstanding any other\nprovision of law, a subpoena may be issued and enforced pursuant to this\nsubdivision for the medical records of an incarcerated individual of a\ncorrectional facility, regardless of whether such medical records were\nmade during the course of the incarcerated individual's incarceration.\n 3. In any case where a person in charge or control of a correctional\nfacility or an officer or employee thereof shall fail to comply with the\nprovisions of subdivision one, or in any case where a coroner, coroner's\nphysician or medical examiner shall fail to comply with the provisions\nof subdivision six of section six hundred seventy-seven of the county\nlaw, the commission may apply to the supreme court for an order directed\nto such person requiring compliance therewith. Upon such application the\ncourt may issue such order as may be just and a failure to comply with\nthe order of the court shall be a contempt of court and punishable as\nsuch.\n 4. In any case where any rule or regulation promulgated by the\ncommission pursuant to subdivision six of section forty-five of this\narticle or the laws relating to the construction, management and affairs\nof any correctional facility or the care, treatment and discipline of\nits incarcerated individuals, are being or are about to be violated, the\ncommission shall notify the person in charge or control of the facility\nof such violation, recommend remedial action, and direct such person to\ncomply with the rule, regulation or law, as the case may be. Upon the\nfailure of such person to comply with the rule, regulation or law the\ncommission may apply to the supreme court for an order directed to such\nperson requiring compliance with such rule, regulation or law. Upon such\napplication the court may issue such order as may be just and a failure\nto comply with the order of the court shall be a contempt of court and\npunishable as such.\n