§ 47 — Functions, powers and duties of the board

New York § 47

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

Text

§ 47. Functions, powers and duties of the board. 1. The board shall\nhave the following functions, powers and duties:\n (a) Investigate and review the cause and circumstances surrounding the\ndeath of any incarcerated individual of a correctional facility.\n (b) Visit and inspect any correctional facility wherein an\nincarcerated individual has died.\n (c) Cause the body of the deceased to undergo such examinations,\nincluding an autopsy, as in the opinion of the board, are necessary to\ndetermine the cause of death, irrespective of whether any such\nexamination or autopsy shall have previously been performed.\n * (d) Upon review of the cause of death and circumstances surrounding\nthe death of any incarcerated individual, the board shall submit its\nreport thereon to the commission and to the governor, the chairman of\nthe assembly committee on correction and the chairman of the senate\ncommittee on crime victims, crime and correction and, where appropriate,\nmake recommendations to prevent the recurrence of such deaths to the\ncommission and the administrator of the appropriate correctional\nfacility. The report provided to the governor, the chairman of the\nassembly committee on correction and the chairman of the senate\ncommittee on crime victims, crime and correction shall not be redacted\nexcept as otherwise required to protect confidential medical records and\nbehavioral health records in accordance with state and federal laws,\nrules, and regulations.\n * NB Effective until May 9, 2026\n * (d) Upon review of the cause of death and circumstances surrounding\nthe death of any incarcerated individual, the board shall submit its\nreport thereon to the commission and to the governor, the chair of the\nassembly committee on correction and the chair of the senate committee\non crime victims, crime and correction and, where appropriate, make\nrecommendations to prevent the recurrence of such deaths to the\ncommission and the administrator of the appropriate correctional\nfacility. The report provided to the governor, the chair of the assembly\ncommittee on correction and the chair of the senate committee on crime\nvictims, crime and correction shall not be redacted except as otherwise\nrequired to protect confidential medical records and behavioral health\nrecords in accordance with state and federal laws, rules, and\nregulations.\n * NB Effective May 9, 2026\n (e) * (i) Investigate and report to the commission on the condition of\nsystems for the delivery of medical care to incarcerated individuals of\ncorrectional facilities and where appropriate recommend such changes as\nit shall deem necessary and proper to improve the quality and\navailability of such medical care.\n * NB Effective until May 9, 2026\n * (i) Investigate and report to the commission on the condition of\nsystems for the delivery of medical care to incarcerated individuals of\ncorrectional facilities and where appropriate recommend such changes as\nit shall deem necessary and proper to improve the quality and\navailability of such medical care. Such report and recommendation shall\nminimally consist of an annual report of the board to the commission.\n * NB Effective May 9, 2026\n (ii) The board shall be responsive to inquiries from the next of kin\nand other person designated as a representative of any incarcerated\nindividual whose death takes place during custody in a state\ncorrectional facility regarding the circumstances surrounding the death\nof such incarcerated individual. Contact information for the next of kin\nand designated representative shall be provided by the department to the\nboard from the emergency contact information previously provided by the\nincarcerated individual to the department.\n 2. Every administrator of a correctional facility shall immediately\nreport to the board the death of an incarcerated individual of any such\nfacility in such manner and form as the board shall prescribe, together\nwith an autopsy report.\n