New York Board Of Correction.
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§ 626. Board of correction. a. There shall be a city board of
correction to consist of nine members. Members shall be appointed for a
term of six years. Vacancies shall be filled for the remainder of the
unexpired term. Three members shall be appointed by the mayor, three by
the council, and three by the mayor on the nomination jointly by the
presiding justices of the appellate division of the supreme court for
the first and second judicial departments. Appointments shall be made by
the three respective appointing authorities on a rotating basis to fill
any vacancy occurring on or after the effective date of this charter.
Members of the board may be reimbursed for expenses incurred in the
performance of their duties. The chairman of the board shall be
designated from time to time by the mayor from among its members.
Members of the board may be removed by the mayor for cause and after a
hearing at which they shall be entitled to representation by counsel.
b. The board shall adopt rules to govern its own proceedings. The
board may appoint an executive director to serve at its pleasure with
such duties and responsibilities as the board may assign, and other
professional, clerical, and support personnel within appropriations for
such purpose. The commissioner shall designate such of the department's
stenographic, clerical and other assistance to the board as may be
necessary for the proper performance of its functions. The commissioner
may attend meetings of the board but shall not be a member of it.
c. The board, or by written designation of the board, any member of
it, the executive director, or other employee, shall have the following
powers and duties:
1. The inspection and visitation at any time of all institutions and
facilities under the jurisdiction of the department;
2. The inspection of all books, records, documents, and papers of the
department;
3. The preparation for submission to the mayor, the council, and the
commissioner of proposals for capital planning and improvements; studies
and reports concerned with the development of the department's
correctional program planning; and studies and reports in regard to
methods of promoting closer cooperation of custodial, probation, and
parole agencies of government and the courts; and
4. The evaluation of departmental performance.
d. The board, annually and at such other times as it may determine,
shall submit to the mayor, the council, and the commissioner reports,
findings and recommendations in regard to the matters within its
jurisdiction.
e. The board shall establish minimum standards for the care, custody,
correction, treatment, supervision, and discipline of all persons held
or confined under the jurisdiction of the department; and it shall
promulgate such minimum standards in rules and regulations after giving
the mayor and commissioner an opportunity to review and comment on the
proposed standards, or amendments or additions to such standards.
f. The board shall establish procedures for the hearing of grievances,
complaints or requests for assistance (1) by or on behalf of any person
held or confined under the jurisdiction of the department or (2) by any
employee of the department. The board, or by written designation, a
member of the board or the executive director, may conduct hearings, or
study or investigate any matter within the jurisdiction of the
department, and the board may make recommendations and submit reports of
its findings to the appropriate authorities.
g. Within the scope of its authority pursuant to this section, the
board may compel the attendance of witnesses, require the production of
books, accounts, papers and other evidence, administer oaths, examine
persons, and conduct public or private hearings, studies and
investigations. The board may institute proceedings in a court of
appropriate jurisdiction to enforce its subpoena power and other
authority pursuant to this section.