2018 New York Laws
COR - Correction
Article 3 - State Commission of Correction
42 - Citizen's Policy and Complaint Review Council; Organization; Functions, Powers and Duties.

§  42.  Citizen's  policy  and complaint review council; organization;
  functions,  powers  and  duties.  (a)  1.  There  shall  be  within  the
  commission  a  citizen's  policy  and complaint review council. It shall
  consist of nine persons to be appointed by the governor, by and with the
  advice and consent of the senate. One person  so  appointed  shall  have
  served  in  the  armed  forces  of the United States in any foreign war,
  conflict or military occupation,  who  was  discharged  therefrom  under
  other  than  dishonorable conditions, or shall be a duly licensed mental
  health professional who has professional  experience  or  training  with
  regard  to post-traumatic stress syndrome. One person so appointed shall
  be an attorney admitted  to  practice  in  this  state.  One  person  so
  appointed  shall  be  a  former  inmate  of a correctional facility. One
  person so appointed shall be a former correction officer. One person  so
  appointed  shall  be  a  former  resident of a division for youth secure
  center or a health care professional duly licensed to practice  in  this
  state.  One person so appointed shall be a former employee of the office
  of children and family services who has directly supervised youth  in  a
  secure  residential  center  operated  by  such office. In addition, the
  governor shall designate one of the full-time  members  other  than  the
  chairman  of  the commission as chairman of the council to serve as such
  at the pleasure of the governor.
2. The nine appointed members of the council  shall  hold  office  for
  five  years;  provided  that  of  the seven members first appointed, two
  shall be appointed for a term of one year, two shall be appointed for  a
  term of two years, one shall be appointed for a term of three years, one
  shall  be  appointed for a term of four years and one shall be appointed
  for a term of five  years  from  January  first  next  succeeding  their
  appointment.   Any appointed member of the council may be removed by the
  governor for cause after an opportunity to be heard in his defense.
3. Any member chosen to fill  in  a  vacancy  created  other  than  by
  expiration  of  term  shall  be  appointed for the unexpired term of the
  member whom he is to succeed. Vacancies caused by the expiration of term
  or  otherwise  shall  be  filled  in  the  same   manner   as   original
  appointments.
4. The members of the council other than the chairman shall receive no
  compensation  for their services but each member other than the chairman
  shall be entitled to receive his or her actual  and  necessary  expenses
  incurred in the performance of his or her duties.
5.  No appointed member of the council shall qualify or enter upon the
  duties of his office, or remain therein,  while  he  is  an  officer  or
  employee  of  the department of corrections and community supervision or
  any correctional facility  or  is  in  a  position  where  he  exercises
  administrative  supervision  over any correctional facility. The council
  shall have such staff  as  shall  be  necessary  to  assist  it  in  the
  performance  of  its  duties  within  the  amount  of  the appropriation
  therefor as determined by the chairman of the commission.
(b) The council and each  member  thereof  shall  have  the  following
  functions, powers and duties:
1. To investigate, review or take such other action as shall be deemed
  necessary  or  proper with respect to complaints or grievances regarding
  any local correctional facility or part thereof as shall  be  called  to
  its attention in writing.
2.  To  have  access,  at any and all times, to any local correctional
  facility or part thereof and to all books, records, and data  pertaining
  to  any  local  correctional  facility  which  are  deemed necessary for
  carrying out the council's functions, powers and duties.

3. To obtain from administrators, officers or employees of  any  local
  correctional  facility  any information deemed necessary for the purpose
  of carrying out its functions, powers and duties.
4.  To  request  and  receive  temporary  office  space  in  any local
  correctional facility for the purpose of  carrying  out  its  functions,
  powers and duties.
5. To report periodically to the commission and, where appropriate, to
  make  such  recommendations  as are necessary to fulfill the purposes of
  this article to the commission and to the  administrator  of  any  local
  correctional facility.
(c)  In  addition  to  the  functions, powers and duties prescribed by
  subdivision (b) of this section, the council shall
1. Advise and assist the commission in developing policies, plans  and
  programs  for  improving  the commission's performance of its duties and
  for coordinating the efforts  of  the  commission  and  of  correctional
  officials to improve conditions of care, treatment, safety, supervision,
  rehabilitation,  recreation,  training  and  education  in  correctional
  facilities;
2. Foster and promote research and  study  in  areas  of  correctional
  policy  and  program  development  deemed  necessary or desirable by the
  commission or the council;
3. Meet at  least  once  per  calendar  month  at  a  time  and  place
  designated by the chairman of the council.