Legal authority
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- Executive Department
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- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Article XVII, section 5 of the New York State Constitution provides that there shall be a State Commission of Correction which shall visit and inspect all institutions used for the detention of sane adults charged with or convicted of a crime.
(b)For the purposes of the State Commission of Correction's authority, Correction Law section 40(2) includes a specialized secure juvenile detention facility for older youth within the definition of local correctional facility.
(c)Correction Law article 3 delineates the functions, powers and duties of the State Commission of Correction, which include:
(1)to request and receive from any department, division, board, bureau, commission or other agency of the State or any political subdivision thereof or any public authority, such assistance, information and data as will enable the commission, the board and the council to properly carry out its functions, powers and duties (Correction Law section 44[4]);
(2)to visit, inspect and appraise the management of correctional facilities with specific attention to matters such as safety, security, health of inmates, sanitary conditions, rehabilitative programs, disturbance and fire prevention and control preparedness and adherence to laws and regulations governing the rights of inmates (Correction Law section 45[3]);
(3)to promulgate rules and regulations establishing minimum standards for the review of the construction or improvement of correctional facilities and the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in correctional facilities (Correction Law section 45[6]);
(4)to promulgate rules and regulations to assure that persons in custody in local correctional facilities, including persons awaiting arraignment, are furnished or have access to the type of food required by their religious dietary rules or medically prescribed diets, if any (Correction Law section 45[6-a]);
(5)to close any correctional facility which is unsafe, unsanitary or inadequate to provide for the separation and classification of prisoners required by law or which has failed to adhere to or comply with the rules and regulations promulgated by the commission (Correction Law section 45[8]);
(6)to approve or reject plans or specifications for the construction or improvement of correctional facilities (Correction Law section 45[10]);
(7)to adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of the functions, powers and duties of the commission (Correction Law section 45[15]);
(8)to have access at any and all times to any correctional facility or part thereof and to all books, records and data pertaining to any correctional facility deemed necessary for carrying out the commission's functions, powers and duties (Correction Law section 46[1]);
(9)to require from the officers or employees of a correctional facility any information deemed necessary (Correction Law section 46[1]);
(10)to issue and enforce a subpoena or a subpoena duces tecum, administer oaths and examine persons under oath (Correction Law section 46[2]);
(11)to notify the chief administrative officer of any violation of the rules and regulations promulgated by the commission and recommend remedial action and to issue a directive requiring compliance with such rules and regulations. Upon the failure of the chief administrative officer to comply with such directive, the commission may apply to the Supreme Court for an order requiring compliance with such rule, regulation or law (Correction Law section 46[4]);
(12)to investigate and review the cause and circumstances surrounding the death of any inmate of a correctional facility (Correction Law section 47[1][a]); and
(13)to investigate the condition of systems for the delivery of medical care to inmates of correctional facilities (Correction Law section 47[1][a]).