2020 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 (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. 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.
