2025 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  one  of  the  veterans'  services  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
one  of  the  veterans' services 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 chair of the commission as chair 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.
* NB Effective until May 9, 2026
* 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
succeeded  member.  Vacancies  caused  by  the  expiration  of  term  or
otherwise shall be filled in the same manner as original appointments.
* NB Effective May 9, 2026
* 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.
* NB Effective until May 9, 2026
* 4. The members of the council other than the chair shall receive  no
compensation  for  their  services  but each member other than the chair
shall be entitled to receive actual and necessary expenses  incurred  in
the performance of council duties.
* NB Effective May 9, 2026
* 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.
* NB Effective until May 9, 2026
* 5. No appointed member of the council shall qualify  or  enter  upon
the duties of office, or remain therein, while an officer or employee of
the   department   of  corrections  and  community  supervision  or  any
correctional facility or is in a  position  to  exercise  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 chair of the commission.
* NB Effective May 9, 2026
  (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;
* NB Effective until May 9, 2026
* 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.  Such  advice  and  assistance shall minimally consist of an
annual report of the council to the commission;
* NB Effective May 9, 2026
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.
* NB Effective until May 9, 2026
* 3.  Meet  at  least  once  per  calendar  month  at a time and place
designated by the chair of the council.
* NB Effective May 9, 2026