2021 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  incarcerated  individual  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.