2012 New York Consolidated Laws
COR - Correction
Article 3 - (40 - 48) STATE COMMISSION OF CORRECTION
46 - Additional functions, powers and duties of the commission.

 
    §  46.  Additional  functions, powers and duties of the commission. 1.
  The commission, any member or any employee designated by the  commission
  must be granted access at any and all times to any correctional facility
  or  part  thereof  and to all books, records, inmate medical records and
  data pertaining  to  any  correctional  facility  deemed  necessary  for
  carrying   out  the  commission's  functions,  powers  and  duties.  The
  commission, any member or any employee designated by  the  chairman  may
  require  from  the  officers or employees of a correctional facility any
  information deemed  necessary  for  the  purpose  of  carrying  out  the
  commission's functions, powers and duties.
    2.   In  the  exercise  of  its  functions,  powers  and  duties,  the
  commission, any member, and any attorney employed by the  commission  is
  authorized  to  issue and enforce a subpoena and a subpoena duces tecum,
  administer oaths and examine persons under oath, in accordance with  and
  pursuant  to  civil practice law and rules. A person examined under oath
  pursuant to this subdivision shall have the right to be  accompanied  by
  counsel  who  shall  advise  the  person  of  their  rights  subject  to
  reasonable limitations to prevent obstruction of, or interference  with,
  the  orderly  conduct  of  the  examination.  Notwithstanding  any other
  provision of law, a subpoena may be issued and enforced pursuant to this
  subdivision for the medical records  of  an  inmate  of  a  correctional
  facility,  regardless  of  whether such medical records were made during
  the course of the inmate's incarceration.
    3. In any case where a person in charge or control of  a  correctional
  facility or an officer or employee thereof shall fail to comply with the
  provisions  of  subdivision one, the commission may apply to the supreme
  court  for  an  order  directed  to  such  person  requiring  compliance
  therewith.  Upon  such application the court may issue such order as may
  be just and a failure to comply with the order of the court shall  be  a
  contempt of court and punishable as such.
    4.  In  any  case  where  any  rule  or  regulation promulgated by the
  commission pursuant to subdivision six of section forty-five or the laws
  relating to the construction, management and affairs of any correctional
  facility or the care, treatment and discipline of its inmates, are being
  or are about to be violated, the commission shall notify the  person  in
  charge  or control of the facility of such violation, recommend remedial
  action, and direct such person to comply with the  rule,  regulation  or
  law,  as the case may be. Upon the failure of such person to comply with
  the rule, regulation or law the commission  may  apply  to  the  supreme
  court  for  an  order  directed to such person requiring compliance with
  such rule, regulation or law. Upon such application the court may  issue
  such  order as may be just and a failure to comply with the order of the
  court shall be a contempt of court and punishable as such.