2019 New York Laws
COR - Correction
Article 3 - State Commission of Correction
42 - Citizen's Policy and Complaint Review Council; Organization; Functions, Powers and Duties.

Universal Citation: NY Corr L § 42 (2019)
§  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.
  * NB Effective until November 12, 2020
  * 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  (i)  was  discharged  therefrom  under  other   than   dishonorable
conditions,  or  (ii)  has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received  a  discharge
other  than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section three  hundred  fifty  of
the  executive  law, and has received a discharge other than bad conduct
or dishonorable from such service, 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.
  * NB Effective November 12, 2020
  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.

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