N.Y. Comp. Codes R. & Regs. tit. 9 § 7401.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7401.2 - Legal Authority

(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(3) includes a secure facility operated by the Office of Children and Family Services within the definition of "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 care, custody, rehabilitation, treatment, supervision, discipline and other programs for correctional facilities operated by the Division for Youth. (Correction Law, section 45 [6-b]);

(4) 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]);

(5) to approve or reject plans or specifications for the construction or improvement of correctional facilities (Correction Law, section 45[10]);

(6) 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]);

(7) 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]);

(8) to require from the officers or employees of a correctional facility any information deemed necessary (Correction Law, section 46[1]);

(9) to issue and enforce a subpoena or a subpoena duces tecum, administer oaths and examine persons under oath (Correction Law, section 46[2]);

(10) 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]);

(11) 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

(12) to investigate the condition of systems for the delivery of medical care to inmates of correctional facilities (Correction Law, section 47[1][a]).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7401.2

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018