Senate Bill S3706

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3706
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Crime Victims, Crime and
   Correction
 
 AN ACT to amend the correction law, in relation to creating  the  office
   of the correctional ombudsman; to amend the county law, in relation to
   reports  by coroners; to amend the criminal procedure law, in relation
   to designating investigators of the office of the correctional ombuds-
   man as peace officers; to amend the education law, in relation to  the
   certification  of  inmate  populations; to amend the executive law, in
   relation to  authorizing  the  attorney  general  to  investigate  the
   alleged commission of any criminal offense committed by an employee of
   the  department of corrections and community supervision in connection
   with his or her official  duties;  to  amend  the  executive  law,  in
   relation  to  the  division of criminal justice services; to amend the
   mental hygiene law, in relation to  clinical  records;  to  amend  the
   public  health  law,  in  relation  to  the confidentiality of certain
   records; to amend the public officers law, in  relation  to  including
   the office of the correctional ombudsman records within the definition
   of public safety agency records; and to amend the social services law,
   in relation to inspection and supervision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  article  3-A
 to read as follows:
                                ARTICLE 3-A
                   OFFICE OF THE CORRECTIONAL OMBUDSMAN
 SECTION 50. DEFINITIONS.
         51. OFFICE OF THE CORRECTIONAL OMBUDSMAN; ORGANIZATION.
         52. CORRECTIONAL OVERSIGHT BOARD.
         53. POWERS OF THE OMBUDSMAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02936-01-9
              

 S. 3706                             2
 
         54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF THE OFFICE OF THE
               OMBUDSMAN.
         55. ADDITIONAL DUTIES OF THE DEPARTMENT.
         56. OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN.
   §  50.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" REFERS TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
   2. "OMBUDSMAN" REFERS TO THE COMMISSIONER OF THE OFFICE OF THE CORREC-
 TIONAL OMBUDSMAN.
   § 51. OFFICE OF THE CORRECTIONAL OMBUDSMAN; ORGANIZATION.  1. IN ORDER
 TO ACHIEVE TRANSPARENCY, FAIRNESS, IMPARTIALITY  AND  ACCOUNTABILITY  IN
 OUR  STATE CORRECTIONAL FACILITIES, THERE SHALL BE AN INDEPENDENT OFFICE
 OF THE CORRECTIONAL  OMBUDSMAN  WITHIN  THE  EXECUTIVE  DEPARTMENT.  THE
 OMBUDSMAN  SHALL  REPORT TO THE CORRECTIONAL OVERSIGHT BOARD ESTABLISHED
 PURSUANT TO SECTION FIFTY-TWO OF THIS ARTICLE, PROVIDED,  HOWEVER,  THAT
 ADMINISTRATIVE  MATTERS  OF  GENERAL  APPLICATION  WITHIN  THE EXECUTIVE
 DEPARTMENT SHALL BE ALSO APPLICABLE TO THE OFFICE.
   (A) FOLLOWING THE INITIAL APPOINTMENT OF THE MEMBERS  OF  THE  CORREC-
 TIONAL OVERSIGHT BOARD ESTABLISHED PURSUANT TO SECTION FIFTY-TWO OF THIS
 ARTICLE,  SUCH  BOARD  SHALL PROMPTLY NOMINATE A FULL-TIME OMBUDSMAN AND
 NOTIFY THE GOVERNOR OF SUCH NOMINATION.  NOTHING IN THIS PARAGRAPH SHALL
 PROHIBIT THE BOARD FROM APPOINTING AN INTERIM OMBUDSMAN IF  THERE  IS  A
 VACANCY.
   (B) THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF
 ANY  NOMINATION  OF  AN OMBUDSMAN MADE PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, MAY APPROVE OR DISAPPROVE SUCH NOMINATION. IF THE  GOVERNOR
 APPROVES SUCH NOMINATION, OR FAILS TO ACT ON SUCH NOMINATION WITHIN SUCH
 THIRTY  DAY PERIOD, THE NOMINEE SHALL THEREUPON COMMENCE HIS OR HER TERM
 AS OMBUDSMAN. IF, WITHIN SUCH THIRTY DAY  PERIOD,  THE  GOVERNOR  SERVES
 UPON  THE  CHAIR  OF SUCH BOARD A WRITTEN NOTICE DISAPPROVING SUCH NOMI-
 NATION, THE NOMINEE SHALL  NOT  BE  AUTHORIZED  TO  SERVE  AS  OMBUDSMAN
 PROVIDED,  HOWEVER,  THAT  SUCH BOARD MAY AUTHORIZE AN INTERIM OMBUDSMAN
 APPOINTED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  TO  SERVE  OR
 CONTINUE  TO  SERVE AS INTERIM OMBUDSMAN UNTIL SUCH TIME AS AN OMBUDSMAN
 IS APPROVED, OR NOT TIMELY DISAPPROVED, BY THE GOVERNOR.  FOLLOWING  ANY
 DISAPPROVAL,  THE BOARD SHALL HAVE SIXTY DAYS TO SUBMIT ANOTHER NOMINEE,
 ALTHOUGH SUCH PERIOD MAY BE EXTENDED, UPON REQUEST OF THE BOARD, BY  THE
 GOVERNOR.  A  PERSON  APPOINTED AS INTERIM OMBUDSMAN MAY EXERCISE ALL OF
 THE POWERS AVAILABLE TO THE OMBUDSMAN.
   (C) THE OMBUDSMAN MAY NOT HAVE WORKED FOR THE  DEPARTMENT  WITHIN  THE
 LAST  TEN  YEARS AND MAY NOT HOLD ANY PUBLIC OFFICE OR OTHER EMPLOYMENT.
 THE OMBUDSMAN SHALL SERVE A SIX-YEAR TERM AND MAY ONLY  BE  REMOVED  FOR
 GOOD CAUSE SHOWN, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, BY A VOTE
 OF TWO-THIRDS OR MORE OF THE TWELVE MEMBERS OF THE BOARD.
   §  52.  CORRECTIONAL OVERSIGHT BOARD.   1. THERE IS HEREBY CREATED THE
 CORRECTIONAL OVERSIGHT BOARD HEREINAFTER REFERRED TO IN THIS SECTION  AS
 THE  "BOARD".  THE  PURPOSE OF SUCH BOARD SHALL BE TO MONITOR, STUDY AND
 MAKE EFFORTS TO IMPROVE THE  TRANSPARENCY,  FAIRNESS,  IMPARTIALITY  AND
 ACCOUNTABILITY  IN  STATE  CORRECTIONAL  FACILITIES  AND  TO APPOINT THE
 OMBUDSMAN.  NO CURRENT EMPLOYEE OF THE DEPARTMENT SHALL BE APPOINTED  TO
 OR  SERVE  ON  SUCH BOARD. THE BOARD SHALL CONSIST OF TWELVE MEMBERS WHO
 SHALL BE APPOINTED AS FOLLOWS:
   (A) ONE SHALL BE THE STATE INSPECTOR GENERAL;
   (B) TWO SHALL BE APPOINTED BY THE GOVERNOR ON  THE  RECOMMENDATION  OF
 THE SENATE;

 S. 3706                             3
 
   (C)  TWO  SHALL  BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
 THE ASSEMBLY;
   (D) TWO SHALL BE APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST SIX
 NOMINEES  SUBMITTED  BY  NON-PROFIT  AGENCIES  WORKING  IN THE FIELDS OF
 RE-ENTRY OR PRISONER ADVOCACY;
   (E) ONE SHALL BE APPOINTED BY THE GOVERNOR AND SHALL BE A FORMER STATE
 INMATE;
   (F) ONE SHALL BE APPOINTED BY THE  GOVERNOR  AND  SHALL  BE  A  FORMER
 EMPLOYEE OF THE DEPARTMENT WHO IS NO LONGER IN STATE SERVICE;
   (G)  ONE SHALL BE AN ATTORNEY APPOINTED BY THE GOVERNOR FROM A LIST OF
 AT LEAST FOUR NOMINEES SUBMITTED BY THE STATE BAR ASSOCIATION;
   (H) ONE SHALL BE A MEDICAL PROFESSIONAL APPOINTED BY THE GOVERNOR; AND
   (I) ONE SHALL BE A MENTAL  HEALTH  PROFESSIONAL  WHO  WORKS  WITH  THE
 JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS APPOINTED
 BY THE GOVERNOR.
   2.  ALL  MEMBERS  OF  THE  BOARD SHALL BE APPOINTED FOR TERMS OF THREE
 YEARS WITH SUCH TERMS TO COMMENCE ON AUGUST FIRST, AND EXPIRE JULY THIR-
 TY-FIRST, PROVIDED, HOWEVER, THAT THE INSPECTOR GENERAL SHALL  SERVE  EX
 OFFICIO.  INITIAL  APPOINTMENTS  MUST  BE  MADE WITHIN SIXTY DAYS OF THE
 EFFECTIVE DATE OF THIS SUBDIVISION. ANY MEMBER CHOSEN TO FILL A  VACANCY
 CREATED  OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR THE
 UNEXPIRED TERM OF THE MEMBER WHOM HE OR SHE  IS  TO  SUCCEED.  VACANCIES
 CAUSED BY EXPIRATION OF A TERM OR OTHERWISE SHALL BE FILLED PROMPTLY AND
 IN  THE  SAME  MANNER  AS ORIGINAL APPOINTMENTS. ANY MEMBER MAY BE REAP-
 POINTED FOR ADDITIONAL TERMS. A MEMBER OF THE BOARD  SHALL  CONTINUE  IN
 SUCH  POSITION UPON THE EXPIRATION OF HIS OR HER TERM UNTIL SUCH TIME AS
 HE OR SHE IS REAPPOINTED OR HIS OR HER SUCCESSOR IS  APPOINTED,  AS  THE
 CASE MAY BE.
   3.  MEMBERSHIP  ON  THE  BOARD  SHALL NOT CONSTITUTE THE HOLDING OF AN
 OFFICE, AND MEMBERS OF THE BOARD SHALL NOT BE REQUIRED TO TAKE AND  FILE
 OATHS  OF  OFFICE  BEFORE SERVING ON THE BOARD. THE BOARD SHALL NOT HAVE
 THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.
   4. THE BOARD SHALL MEET AT LEAST TWO TIMES IN  EACH  YEAR.  THE  FIRST
 MEETING OF THE BOARD SHALL BE HELD WITHIN THIRTY DAYS OF THE APPOINTMENT
 OF  THE FULL BOARD OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, WHICHEVER OCCURS EARLIER. SPECIAL MEETINGS MAY BE CALLED BY
 THE CHAIR AND SHALL BE CALLED BY THE CHAIR UPON THE REQUEST OF AT  LEAST
 FIVE  MEMBERS  OF  THE BOARD. THE BOARD MAY ESTABLISH ITS OWN PROCEDURES
 WITH RESPECT TO THE CONDUCT OF ITS MEETINGS AND OTHER AFFAIRS; PROVIDED,
 HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF
 THE GENERAL CONSTRUCTION LAW SHALL  GOVERN  ALL  ACTIONS  TAKEN  BY  THE
 BOARD.
   5.  THE  MEMBERS  OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
   6.  NO  MEMBER  OF  THE  BOARD  SHALL BE DISQUALIFIED FROM HOLDING ANY
 PUBLIC OFFICE OR EMPLOYMENT OUTSIDE OF THE DEPARTMENT, NOR SHALL  HE  OR
 SHE  FORFEIT  ANY  SUCH  OFFICE  OR  EMPLOYMENT, BY REASON OF HIS OR HER
 APPOINTMENT PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS  OF
 ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
   7.  THE  BOARD  SHALL  MAKE  RECOMMENDATIONS  TO THE OMBUDSMAN FOR THE
 IMPROVEMENT OF THE DEPARTMENT'S POLICIES AND CONSULT WITH AND ADVISE THE
 OFFICE OF THE CORRECTIONAL OMBUDSMAN IN  CARRYING  OUT  THE  DUTIES  AND
 RESPONSIBILITIES  OF  SUCH  OFFICE.    THE OMBUDSMAN SHALL REPORT TO THE
 BOARD FULLY ON THE  ACTIVITIES  OF  THE  OFFICE  AND  SHALL  SEEK  BOARD
 APPROVAL  ON ALL MAJOR DECISIONS OR POLICY CHANGES, INCLUDING ANY STAND-

 S. 3706                             4
 
 ARDS OR PROTOCOLS ADOPTED BY THE OMBUDSMAN FOR THE INSPECTION AND  MONI-
 TORING  OF  CORRECTIONAL  FACILITIES  OR  THE  RESOLUTION  OF COMPLAINTS
 RECEIVED BY THE OFFICE.
   8.  EACH  MEMBER  OF THE BOARD SHALL TOUR A CORRECTIONAL FACILITY WITH
 THE OMBUDSMAN AT LEAST ANNUALLY.
   § 53. POWERS OF THE OMBUDSMAN.    1.  THE  OMBUDSMAN  SHALL  HAVE  THE
 AUTHORITY  TO  HIRE AND RETAIN COUNSEL TO PROVIDE CONFIDENTIAL ADVICE OR
 TO REPRESENT THE OMBUDSMAN IF THE ATTORNEY GENERAL  HAS  A  CONFLICT  IN
 REPRESENTING THE OMBUDSMAN IN ANY LITIGATION.
   2. THE OFFICE OF THE OMBUDSMAN SHALL NOT BE LOCATED IN THE SAME BUILD-
 ING  OR  BUILDINGS  AS THE DEPARTMENT BUT SHALL BE WHOLLY INDEPENDENT OF
 THE DEPARTMENT EXCEPT THAT THE DEPARTMENT SHALL PROVIDE IT  WITH  OFFICE
 SPACE, EQUIPMENT AND FURNISHINGS WITHIN ANY DEPARTMENT FACILITY AS NEED-
 ED TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   3. THE OMBUDSMAN MAY APPOINT SUCH ASSISTANTS, OFFICERS, INVESTIGATORS,
 MONITORS,  EMPLOYEES AND CONSULTANTS AS HE OR SHE SHALL DETERMINE NECES-
 SARY, PRESCRIBE THEIR DUTIES AND POWERS, PROVIDE THEM  WITH  APPROPRIATE
 TRAINING,  FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF THEIR
 EXPENSES WITHIN  THE  AMOUNTS  APPROPRIATED  THEREFOR  EXCEPT  THAT  THE
 OMBUDSMAN  SHALL  NOT HIRE ANY PERSON KNOWN TO BE DIRECTLY OR INDIRECTLY
 INVOLVED IN AN OPEN INTERNAL  AFFAIRS  INVESTIGATION  CONDUCTED  BY  ANY
 FEDERAL,  STATE OR LOCAL AGENCY OR WHO IS A NAMED DEFENDANT IN A PENDING
 FEDERAL OR STATE LAWSUIT OR CRIMINAL PROCEEDING RELATING TO HIS  OR  HER
 PRIOR WORK FOR A STATE, LOCAL OR FEDERAL CORRECTIONAL OR LAW ENFORCEMENT
 AGENCY.  THE  OMBUDSMAN MAY APPOINT A REPRESENTATIVE TO CARRY OUT ANY OF
 HIS OR HER DUTIES UNDER THIS ARTICLE  EXCEPT  THAT  THE  OMBUDSMAN  MUST
 ATTEND MEETINGS WITH THE CORRECTIONAL OVERSIGHT BOARD.
   4. THE OMBUDSMAN MAY CREATE, ABOLISH, TRANSFER AND CONSOLIDATE BUREAUS
 AND  OTHER  UNITS WITHIN THE OFFICE AS HE OR SHE MAY DETERMINE NECESSARY
 FOR THE EFFICIENT OPERATION OF THE OFFICE, SUBJECT TO  THE  APPROVAL  OF
 THE DIRECTOR OF THE BUDGET.
   5.  THE  OMBUDSMAN  MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
 DIVISION, BUREAU, COMMISSION OR ANY OTHER AGENCY OF THE STATE  OR  POLI-
 TICAL  SUBDIVISION  THEREOF  OR  ANY  PUBLIC  AUTHORITY SUCH ASSISTANCE,
 INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY  OUT  ITS  FUNC-
 TIONS, POWERS AND DUTIES.
   6.  THE  OMBUDSMAN SHALL BE RESPONSIBLE FOR THE CONTEMPORANEOUS PUBLIC
 OVERSIGHT OF INTERNAL  AFFAIRS  AND  THE  DISCIPLINARY  PROCESS  OF  THE
 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION.   THE OMBUDSMAN
 SHALL HAVE DISCRETION TO PROVIDE OVERSIGHT OF  ANY  DEPARTMENT  INVESTI-
 GATION  RELATING TO THE WELL-BEING, TREATMENT, DISCIPLINE, SAFETY OR ANY
 OTHER MATTER CONCERNING INMATES OR PERSONS UNDER  COMMUNITY  SUPERVISION
 AS NEEDED, INCLUDING PERSONNEL INVESTIGATIONS.
   7. THE OMBUDSMAN MAY REVIEW SPECIFIC POLICIES, PRACTICES, PROGRAMS AND
 PROCEDURES OF THE DEPARTMENT THAT RAISE A SIGNIFICANT CORRECTIONAL ISSUE
 RELEVANT  TO  THE  WELL-BEING,  TREATMENT, DISCIPLINE, SAFETY, REHABILI-
 TATION OR ANY OTHER MATTER CONCERNING INMATES OR PERSONS UNDER COMMUNITY
 SUPERVISION.  THE OMBUDSMAN IS AUTHORIZED  TO  INSPECT,  INVESTIGATE  OR
 EXAMINE  ALL  ASPECTS  OF  THE  DEPARTMENT'S  OPERATIONS AND CONDITIONS,
 INCLUDING, BUT NOT LIMITED TO, STAFF RECRUITMENT, TRAINING, SUPERVISION,
 DISCIPLINE, INMATE DEATHS, MEDICAL AND MENTAL HEALTH CARE, USE OF FORCE,
 INMATE VIOLENCE, CONDITIONS OF CONFINEMENT, INMATE DISCIPLINARY PROCESS,
 INMATE GRIEVANCE PROCESS, SUBSTANCE-ABUSE TREATMENT, EDUCATIONAL,  VOCA-
 TIONAL AND OTHER PROGRAMMING AND RE-ENTRY PLANNING. DURING THE COURSE OF
 A  REVIEW THE OMBUDSMAN SHALL IDENTIFY AREAS OF FULL AND PARTIAL COMPLI-
 ANCE OR NONCOMPLIANCE WITH DEPARTMENTAL POLICIES AND PROCEDURES, SPECIFY

 S. 3706                             5
 
 DEFICIENCIES IN THE COMPLETION AND DOCUMENTATION OF PROCESSES AND RECOM-
 MEND CORRECTIVE ACTIONS,  INCLUDING,  BUT  NOT  LIMITED  TO,  ADDITIONAL
 TRAINING,  ADDITIONAL  POLICIES  OR  CHANGES IN POLICIES, AS WELL AS ANY
 OTHER FINDINGS OR RECOMMENDATIONS HE OR SHE DEEMS APPROPRIATE.
   8.  THE  OMBUDSMAN MAY PLACE SUCH MEMBERS OF HIS OR HER STAFF AS HE OR
 SHE DEEMS APPROPRIATE AS MONITORS IN ANY CORRECTIONAL FACILITY WHICH, IN
 THE JUDGMENT OF THE OMBUDSMAN, PRESENTS AN IMMINENT DANGER TO THE HEALTH
 SAFETY OR SECURITY OF INMATES OR EMPLOYEES OF SUCH CORRECTIONAL FACILITY
 OR THE PUBLIC.
   9. THE OMBUDSMAN SHALL ACCEPT, WITH THE APPROVAL OF THE  GOVERNOR,  AS
 AGENT  OF THE STATE ANY GRANT, INCLUDING FEDERAL GRANTS, OR ANY GIFT FOR
 ANY OF THE PURPOSES OF THIS ARTICLE.  ANY  MONEYS  SO  RECEIVED  MAY  BE
 EXPENDED  BY  THE  OMBUDSMAN  TO EFFECTUATE ANY PURPOSE OF THIS ARTICLE,
 SUBJECT TO THE SAME LIMITATIONS AS TO APPROVAL OF EXPENDITURES AND AUDIT
 AS ARE PRESCRIBED FOR STATE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS
 ARTICLE.
   10. THE OMBUDSMAN MAY ENTER INTO  CONTRACTS  WITH  ANY  PERSON,  FIRM,
 CORPORATION, MUNICIPALITY, OR GOVERNMENTAL AGENCY.
   11.  THE  OMBUDSMAN SHALL ADOPT, AMEND OR RESCIND SUCH RULES AND REGU-
 LATIONS, IN ACCORDANCE WITH APPLICABLE STATE LAW, AS MAY BE NECESSARY OR
 CONVENIENT TO THE PERFORMANCE OF THE FUNCTIONS, POWERS AND DUTIES OF THE
 OFFICE.
   12. THE OMBUDSMAN SHALL DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO
 CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES EXPRESSLY SET FORTH  IN  THIS
 ARTICLE.
   13.  WHEN  EXIGENT  CIRCUMSTANCES  OF UNSAFE OR LIFE THREATENING SITU-
 ATIONS ARISE INVOLVING INMATES, STAFF, PEOPLE ON  COMMUNITY  SUPERVISION
 OR OTHER INDIVIDUALS, THE OMBUDSMAN SHALL NOTIFY THE GOVERNOR, TEMPORARY
 PRESIDENT  OF  THE  SENATE  AND  SPEAKER OF THE ASSEMBLY AND COMMENCE AN
 IMMEDIATE REVIEW OF SUCH CIRCUMSTANCES. UPON COMPLETION OF A REVIEW, THE
 OMBUDSMAN SHALL  PREPARE  A  COMPLETE  WRITTEN  REPORT  WHICH  SHALL  BE
 DISCLOSED  WITH THE UNDERLYING MATERIALS THAT THE OMBUDSMAN DEEMS APPRO-
 PRIATE TO THE COMMISSIONER, THE REQUESTING ENTITY  AND  ANY  APPROPRIATE
 LAW ENFORCEMENT AGENCY.
   14.  (A)  THE  OMBUDSMAN SHALL INTERVIEW AND REVIEW ALL CANDIDATES FOR
 APPOINTMENT TO SERVE AS THE SUPERINTENDENT  OF  ANY  STATE  CORRECTIONAL
 FACILITY.  THE COMMISSIONER SHALL SUBMIT THE NAMES OF SUCH CANDIDATES TO
 THE OMBUDSMAN WHO  SHALL  REVIEW  SUCH  CANDIDATES'  QUALIFICATIONS  AND
 EMPLOY  CONFIDENTIAL  PROCEDURES  TO EVALUATE THE QUALIFICATIONS OF EACH
 CANDIDATE WITH REGARD TO HIS OR HER ABILITY TO DISCHARGE THE  DUTIES  OF
 THE  OFFICE TO WHICH HE OR SHE IS BEING APPOINTED. WITHIN NINETY DAYS OF
 THE SUBMISSION OF A CANDIDATE'S NAME, THE OMBUDSMAN SHALL CONFIDENTIALLY
 ADVISE THE COMMISSIONER AS TO WHETHER SUCH CANDIDATE IS  WELL-QUALIFIED,
 QUALIFIED  OR NOT QUALIFIED AND THE REASONS THEREFORE AND MAY REPORT, IN
 CONFIDENCE, ANY OTHER INFORMATION THAT THE OMBUDSMAN DEEMS PERTINENT  TO
 THE  QUALIFICATION  OF  THE CANDIDATE. THE OMBUDSMAN SHALL ESTABLISH AND
 ADOPT RULES AND PROCEDURES REGARDING THE REVIEW OF  CANDIDATES  FOR  THE
 POSITION  OF  SUPERINTENDENT  AND FOR MAINTAINING THE CONFIDENTIALITY OF
 ANY INTERVIEWS, DOCUMENTS OR OTHER INFORMATION RELIED UPON IN HIS OR HER
 REVIEW. ALL SUCH INFORMATION SHALL BE  PRIVILEGED  AND  NOT  SUBJECT  TO
 DISCLOSURE.
   (B)  IF  THE  COMMISSIONER APPOINTS A SUPERINTENDENT WHO THE OMBUDSMAN
 FOUND WAS NOT QUALIFIED, THE OMBUDSMAN SHALL MAKE  PUBLIC  THAT  FINDING
 AFTER DUE NOTICE TO THE APPOINTEE.  ANY CANDIDATE FOUND TO BE NOT QUALI-
 FIED  BY  THE  OMBUDSMAN SHALL HAVE THE RIGHT TO WITHDRAW FROM CONSIDER-
 ATION BEFORE THE OMBUDSMAN MAKES SUCH PUBLIC FINDING AND  IN  THAT  CASE

 S. 3706                             6
 
 THE  FINDING  SHALL  NOT  BE PUBLISHED.   SUCH NOTICE AND PUBLIC FINDING
 SHALL NOT CONSTITUTE A WAIVER OF PRIVILEGE OR BREACH OF  CONFIDENTIALITY
 CONCERNING  THE  OMBUDSMAN'S  REVIEW  OF  THE APPOINTEE'S QUALIFICATIONS
 PURSUANT TO THIS SECTION.
   15.    NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY, THE OMBUDSMAN SHALL
 PERIODICALLY, BUT NOT LESS THAN EVERY THREE YEARS,  CONDUCT  INSPECTIONS
 OF  EACH CORRECTIONAL FACILITY AND SHALL PERIODICALLY REVIEW DELIVERY OF
 MEDICAL AND MENTAL HEALTH CARE  AT  EACH  CORRECTIONAL  FACILITY.    THE
 OMBUDSMAN  SHALL  ISSUE A PUBLIC REPORT ON EACH CORRECTIONAL FACILITY AT
 LEAST EVERY THREE YEARS.  THE OMBUDSMAN NEED NOT NOTIFY  THE  DEPARTMENT
 BEFORE COMMENCING SUCH INSPECTION OR REVIEW.
   16.  ALL RECORDS, CORRESPONDENCE, VIDEOTAPES, AUDIOTAPES, PHOTOGRAPHS,
 NOTES, ELECTRONIC COMMUNICATIONS,  BOOKS,  MEMORANDA,  PAPERS  OR  OTHER
 DOCUMENTS  OR  OBJECTS USED AS EVIDENCE TO SUPPORT A COMPLETED REVIEW OR
 INVESTIGATION MUST BE RETAINED FOR THREE YEARS AFTER A REPORT IS  ISSUED
 UNLESS  HANDED  OVER  TO  A LAW ENFORCEMENT AGENCY FOR CRIMINAL INVESTI-
 GATION. NO SUCH DOCUMENTS OR EVIDENCE SHALL  BE  DESTROYED  PENDING  THE
 COMPLETION  OF  AN  INVESTIGATION OR REVIEW.  SUCH DOCUMENTS OR EVIDENCE
 SHALL BE PUBLICLY AVAILABLE  UNLESS  CONFIDENTIAL  AND  NOT  SUBJECT  TO
 DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW OR BY COURT ORDER.
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THE OMBUDSMAN SHALL
 HAVE  COMPLETE ACCESS AND AUTHORITY TO EXAMINE AND REPRODUCE ANY AND ALL
 PAST AND CURRENT BOOKS, ACCOUNTS, REPORTS,  MEDICAL  AND  MENTAL  HEALTH
 RECORDS,  VOUCHERS,  CORRESPONDENCE FILES, COMPUTER FILES, COMPUTER DATA
 BASES, DOCUMENTS,  VIDEO  AND  AUDIO  TAPE  RECORDINGS,  STATISTICS  AND
 PERFORMANCE  BASED  OUTCOME  MEASURES  AND  ANY  AND  ALL OTHER PAST AND
 CURRENT RECORDS AND TO EXAMINE THE BANK ACCOUNTS, MONEY OR  PROPERTY  OF
 THE  DEPARTMENT.   ANY STATE OFFICE OR AGENCY OF A POLITICAL SUBDIVISION
 OF THE STATE OR OTHER PUBLIC  ENTITY  OR  EMPLOYEE  OR  OFFICER  THEREOF
 POSSESSING SUCH RECORDS OR PROPERTY SHALL PERMIT ACCESS TO, AND EXAMINA-
 TION  AND  REPRODUCTION  THEREOF, CONSISTENT WITH THE PROVISIONS OF THIS
 ARTICLE, UPON THE REQUEST THE OMBUDSMAN OR HIS OR HER DESIGNEE.  ACCESS,
 EXAMINATION  AND  REPRODUCTION  CONSISTENT  WITH  THE  PROVISION OF THIS
 SECTION SHALL NOT RESULT IN THE WAIVER OF ANY CONFIDENTIALITY OR  PRIVI-
 LEGE REGARDING ANY RECORDS OR PROPERTY.
   18.  THE OMBUDSMAN MAY REQUIRE ANY STATE EMPLOYEE TO BE INTERVIEWED ON
 A CONFIDENTIAL BASIS.  SUCH EMPLOYEE MUST COMPLY WITH THE REQUEST TO  BE
 INTERVIEWED  AND  MUST  BE GIVEN TIME OFF FROM HIS OR HER EMPLOYMENT FOR
 THE PURPOSES OF ATTENDING SUCH AN INTERVIEW AND MAY  BE  ACCOMPANIED  BY
 COUNSEL  ACTING  ON  HIS OR HER BEHALF. THE OMBUDSMAN MAY ALSO CONDUCT A
 CONFIDENTIAL INTERVIEW OF ANY INMATE OR OTHER PERSON UPON CONSENT.
   19. THE OMBUDSMAN MAY ENTER ANYWHERE ON THE GROUNDS OF ANY  DEPARTMENT
 FACILITY  OR  OFFICE  FOR  THE  PURPOSES  OF OBSERVATION, INSPECTION AND
 INVESTIGATION AND SHALL HAVE UNFETTERED  ACCESS  TO  ALL  AREAS  OF  THE
 DEPARTMENT AND ANY FACILITY AT ANY TIME.
   20.  THE  OMBUDSMAN MAY CAUSE THE BODY OF A DECEASED INMATE TO UNDERGO
 SUCH EXAMINATIONS, INCLUDING AN AUTOPSY, AS HE OR SHE DEEMS NECESSARY TO
 DETERMINE THE CAUSE OF DEATH, IRRESPECTIVE OF WHETHER ANY SUCH  EXAMINA-
 TION OR AUTOPSY SHALL HAVE BEEN PREVIOUSLY PERFORMED.
   21.  (A)  IN  THE  EXERCISE  OF  ITS FUNCTIONS, POWERS AND DUTIES, THE
 OMBUDSMAN AND ANY ATTORNEY EMPLOYED BY THE OFFICE IS AUTHORIZED TO ISSUE
 AND ENFORCE A SUBPOENA AND A SUBPOENA DUCES TECUM, ADMINISTER OATHS  AND
 EXAMINE  PERSONS  UNDER  OATH,  IN ACCORDANCE WITH AND PURSUANT TO CIVIL
 PRACTICE LAW AND RULES. A PERSON EXAMINED UNDER OATH  PURSUANT  TO  THIS
 SUBDIVISION  SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY COUNSEL WHO SHALL
 ADVISE THE PERSON OF HIS OR HER RIGHTS SUBJECT TO REASONABLE LIMITATIONS

 S. 3706                             7
 
 TO PREVENT OBSTRUCTION OF, OR INTERFERENCE WITH, THE ORDERLY CONDUCT  OF
 THE  EXAMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SUBPOENA
 MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVISION FOR THE  MEDICAL
 RECORDS  OF  AN INMATE OF A CORRECTIONAL FACILITY, REGARDLESS OF WHETHER
 SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE OF THE INMATE'S  INCAR-
 CERATION.
   (B)  IN ANY CASE WHERE A PERSON IN CHARGE OR CONTROL OF A CORRECTIONAL
 FACILITY OR AN OFFICER OR EMPLOYEE THEREOF SHALL FAIL TO COMPLY WITH THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, OR IN ANY CASE WHERE  A
 CORONER,  CORONER'S  PHYSICIAN  OR MEDICAL EXAMINER SHALL FAIL TO COMPLY
 WITH THE PROVISIONS OF SUBDIVISION SIX OF SECTION SIX  HUNDRED  SEVENTY-
 SEVEN  OF  THE  COUNTY LAW, THE OMBUDSMAN MAY APPLY TO THE SUPREME COURT
 FOR AN ORDER DIRECTED TO SUCH  PERSON  REQUIRING  COMPLIANCE  THEREWITH.
 UPON  SUCH APPLICATION THE COURT MAY ISSUE SUCH ORDER AS MAY BE JUST AND
 A FAILURE TO COMPLY WITH THE ORDER OF THE COURT SHALL BE A  CONTEMPT  OF
 COURT AND PUNISHABLE AS SUCH.
   22. THE OMBUDSMAN SHALL NOT BE COMPELLED TO TESTIFY OR RELEASE RECORDS
 WITHOUT  A COURT ORDER THAT ARE OTHERWISE EXEMPT FROM PUBLIC DISCLOSURE,
 INCLUDING DOCUMENTS PERTAINING TO ANY INVESTIGATION THAT  HAS  NOT  BEEN
 COMPLETED OR ANY IDENTIFYING INFORMATION, PERSONAL PAPERS OR CORRESPOND-
 ENCE WITH ANY PERSON WHO HAS REQUESTED ASSISTANCE FROM THE OFFICE UNLESS
 THAT  PERSON  CONSENTS  IN  WRITING  TO THE RELEASE OF SUCH INFORMATION,
 PAPERS OR CORRESPONDENCE.
   23. THE OMBUDSMAN MAY HOLD PUBLIC HEARINGS.
   § 54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF  THE  OFFICE  OF  THE
 OMBUDSMAN.  1. THE OFFICE MAY RECEIVE COMMUNICATIONS FROM ANY INDIVIDUAL
 WHO  BELIEVES  HE OR SHE MAY HAVE INFORMATION THAT MAY DESCRIBE IMPROPER
 GOVERNMENTAL ACTIVITIES OR WRONGDOING WITHIN  THE  DEPARTMENT.    INMATE
 MAIL  TO  AND  FROM THE OMBUDSMAN SHALL BE TREATED IN THE SAME MANNER AS
 LEGAL MAIL AND MAY NOT BE RESTRICTED BY THE DEPARTMENT,  THE  OFFICE  OF
 MENTAL HEALTH OR ANY OTHER ENTITY.
   (A) THE OMBUDSMAN SHALL ESTABLISH A TOLL-FREE TELEPHONE NUMBER FOR THE
 PURPOSE  OF  IDENTIFYING  ANY  ALLEGED  WRONGDOING BY AN EMPLOYEE OF THE
 DEPARTMENT.  THIS TELEPHONE NUMBER SHALL BE POSTED BY THE DEPARTMENT  IN
 CLEAR  VIEW  OF  EMPLOYEES, INMATES AND THE PUBLIC, AND INMATES SHALL BE
 PERMITTED TO CALL SUCH NUMBER DURING NORMAL HOURS FOR TELEPHONE USAGE OR
 WITHIN TWENTY-FOUR HOURS OF ADMISSION TO A SPECIAL HOUSING UNIT OR OTHER
 UNIT WITH RESTRICTED TELEPHONE ACCESS.  TELEPHONE  CALLS  MADE  TO  SUCH
 TOLL-FREE  NUMBER  FROM A CORRECTIONAL FACILITY SHALL NOT BE RECORDED BY
 THE  DEPARTMENT  AND  ARE  PROTECTED  CONFIDENTIAL  COMMUNICATIONS.  THE
 OMBUDSMAN  SHALL  ALSO MAINTAIN A WEBSITE WITH A COMPLAINT FORM THAT MAY
 BE FILLED OUT ONLINE AND SHALL ALSO ACCEPT COMPLAINTS BY MAIL  OR  OTHER
 MEANS  ALLEGING  WRONGDOING  BY  AN  EMPLOYEE  OF  THE  DEPARTMENT. WHEN
 REQUESTED, THE OMBUDSMAN SHALL INITIATE A REVIEW  OF  ANY  SUCH  ALLEGED
 WRONGDOING  WHICH MAY RESULT IN AN INVESTIGATION OF THE ALLEGED WRONGDO-
 ING AT THE OMBUDSMAN'S DISCRETION.
   (B) AT THE CONCLUSION OF AN INVESTIGATION OF A COMPLAINT, THE  OMBUDS-
 MAN  SHALL  REPORT HIS OR HER FINDINGS TO THE COMPLAINANT AND ANY PERSON
 DESIGNATED TO RECEIVE SUCH FINDINGS BY THE COMPLAINANT. IF THE OMBUDSMAN
 DOES NOT INVESTIGATE A COMPLAINT, HE OR SHE SHALL NOTIFY THE COMPLAINANT
 AND SUCH OTHER PERSON OF THE DECISION NOT TO INVESTIGATE AND THE REASONS
 FOR THE DECISION.  IF THE COMPLAINANT IS DECEASED AT  THE  TIME  OF  THE
 COMPLETION  OF  AN  INVESTIGATION, THE OMBUDSMAN SHALL REPORT HIS OR HER
 FINDINGS TO THE COMPLAINANT'S NEXT OF KIN WHEN SUCH PERSON IS  KNOWN  TO
 THE OMBUDSMAN OR TO THE DEPARTMENT.

 S. 3706                             8

   (C)  THE OMBUDSMAN MAY ACT INFORMALLY TO RESOLVE A COMPLAINT INCLUDING
 PROVIDING REFERRALS OR INFORMATION TO COMPLAINANTS, EXPEDITING  INDIVID-
 UAL MATTERS, MEDIATING OR PROVIDING OTHER ASSISTANCE.
   (D)  ALL  IDENTIFYING  INFORMATION  AND ANY PERSONAL RECORDS OR CORRE-
 SPONDENCE FROM ANY PERSON WHO  INITIATED  THE  REVIEW  OF  SUCH  ALLEGED
 WRONGDOING  SHALL  BE CONFIDENTIAL UNLESS THE PERSON CONSENTS TO DISCLO-
 SURE IN WRITING.
   (E) WHERE THE  OMBUDSMAN  BELIEVES  THAT  AN  ALLEGATION  OF  CRIMINAL
 MISCONDUCT  HAS  BEEN MADE BY A COMPLAINANT, HE OR SHE SHALL REPORT SUCH
 ALLEGATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.
   2. UPON RECEIVING A COMPLAINT OF RETALIATION  FOR  COMPLAINING  TO  OR
 COOPERATING  WITH THE OMBUDSMAN, THE OMBUDSMAN SHALL COMMENCE AN INQUIRY
 INTO THE COMPLAINT AND CONDUCT  A  FORMAL  INVESTIGATION.    SHOULD  THE
 OMBUDSMAN FIND THAT A COMPLAINT OF RETALIATION IS FOUNDED AS A RESULT OF
 AN  INVESTIGATION,  HE  OR  SHE  SHALL SO NOTIFY THE DEPARTMENT AND MAKE
 RECOMMENDATIONS FOR CORRECTIVE ACTION TO BE TAKEN BY THE DEPARTMENT. THE
 OMBUDSMAN SHALL MAKE THE RESULTS AND SUPPORTING EVIDENCE OF  ITS  FORMAL
 INVESTIGATION  AVAILABLE  TO  THE  DIVISION  OF  HUMAN  RIGHTS SHOULD AN
 EMPLOYEE FILE A RETALIATION COMPLAINT WITH SUCH AGENCY  AND  CONSENT  TO
 SUCH DISCLOSURE IN WRITING.
   3.  TO  FACILITATE OVERSIGHT, THE OFFICE SHALL BE IMMEDIATELY NOTIFIED
 BY THE DEPARTMENT OF ALL UNUSUAL AND SIGNIFICANT  INCIDENCES  INCLUDING,
 BUT  NOT  LIMITED TO, RIOTS OR FIGHTS INVOLVING MULTIPLE COMBATANTS, USE
 OF FORCE, INMATE DEATHS,  SERIOUS  PHYSICAL  ASSAULTS  ON  EMPLOYEES  OR
 INMATES,  WORK  STOPPAGES  AND ESCAPES AND SHALL BE GIVEN MONTHLY AGGRE-
 GATED REPORTS OF UNUSUAL INCIDENTS AND INMATE GRIEVANCES BY THE  DEPART-
 MENT.    EMPLOYEES OF THE OFFICE SHALL BE PERMITTED TO BE PRESENT IN ANY
 DEPARTMENT INTERNAL  INVESTIGATION  OR  INQUIRY.  THE  OFFICE  SHALL  BE
 RESPONSIBLE FOR REPORTING SUCH UNUSUAL AND SIGNIFICANT INCIDENTS AND THE
 OUTCOME  OF ITS INVESTIGATIONS INTO SUCH INCIDENTS TO THE PUBLIC NO LESS
 THAN QUARTERLY.
   4. (A) THE OMBUDSMAN SHALL ANNUALLY PREPARE A PUBLIC REPORT AND SUMMA-
 RY OF ALL INVESTIGATIONS AND REVIEWS, INCLUDING A  LIST  OF  SIGNIFICANT
 PROBLEMS  DISCOVERED  BY  THE OFFICE, WHETHER OR NOT THE RECOMMENDATIONS
 MADE BY THE OFFICE HAVE BEEN IMPLEMENTED, AND A  LIST  OF  THE  OFFICE'S
 HIGH  PRIORITIES FOR THE FOLLOWING YEAR. THE OMBUDSMAN SHALL SUBMIT SUCH
 REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND
 SPEAKER  OF  THE  ASSEMBLY  BY  DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH
 REPORT SHALL BE  POSTED  IN  ELECTRONIC  FORM  ON  THE  OFFICE'S  PUBLIC
 WEBSITE.    THE OMBUDSMAN SHALL BE AUTHORIZED TO REDACT PORTIONS OF SUCH
 REPORT IN A MANNER CONSISTENT WITH ARTICLE SIX OF  THE  PUBLIC  OFFICERS
 LAW OR WHERE DISCLOSURE IS OTHERWISE PROHIBITED BY LAW.
   (B)  UPON  REVIEW  OF THE CAUSE OF DEATH AND CIRCUMSTANCES SURROUNDING
 THE DEATH OF ANY INMATE IN A CORRECTIONAL FACILITY, THE OMBUDSMAN  SHALL
 SUBMIT  ITS REPORT THEREON TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRPERSON OF  THE  ASSEMBLY
 CORRECTION COMMITTEE, THE CHAIRPERSON OF THE SENATE CRIME AND CORRECTION
 COMMITTEE,  AND THE COMMISSIONER, AND, WHERE APPROPRIATE, MAKE RECOMMEN-
 DATIONS TO PREVENT THE RECURRENCE OF SUCH DEATHS. SUCH REPORTS SHALL  BE
 PUBLISHED  ON THE OFFICE'S WEBSITE AND SHALL OTHERWISE BE MADE AVAILABLE
 TO THE PUBLIC.
   (C) THE OMBUDSMAN SHALL MAKE AN ANNUAL REPORT  TO  THE  GOVERNOR,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE
 CHAIRPERSON OF THE ASSEMBLY CORRECTION COMMITTEE AND THE CHAIRPERSON  OF
 THE  SENATE  CRIME  AND CORRECTION COMMITTEE ON THE CONDITION OF SYSTEMS
 FOR THE DELIVERY OF MEDICAL CARE TO INMATES OF  CORRECTIONAL  FACILITIES

 S. 3706                             9
 
 AND,  WHERE  APPROPRIATE, RECOMMEND SUCH CHANGES AS IT SHALL DEEM NECES-
 SARY AND PROPER TO IMPROVE THE QUALITY AND AVAILABILITY OF SUCH  MEDICAL
 CARE.  SUCH  REPORT SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE AND SHALL
 OTHERWISE BE MADE AVAILABLE TO THE PUBLIC.
   (D) ALL PUBLIC REPORTS BY THE OMBUDSMAN SHALL NOT DISCLOSE INFORMATION
 WHERE PROHIBITED BY LAW.
   § 55. ADDITIONAL DUTIES OF THE DEPARTMENT.  1. STATE EMPLOYEES OPERAT-
 ING  WITHIN  A  CORRECTIONAL  FACILITY MUST COOPERATE FULLY AND PROMPTLY
 WITH THE OMBUDSMAN.
   2. THE DEPARTMENT SHALL RESPOND IN WRITING TO ANY RECOMMENDATIONS MADE
 BY THE OMBUDSMAN OR HIS OR HER DESIGNEE WITHIN FORTY-FIVE DAYS AND SHALL
 STATE WITH SPECIFICITY ITS REASONS FOR FAILING TO ACT ON ANY SUCH RECOM-
 MENDATION. SUCH WRITINGS SHALL BE MADE PUBLIC BY  THE  OMBUDSMAN  EXCEPT
 THAT  INFORMATION  WHICH WOULD REVEAL CONFIDENTIAL MATERIAL THAT MAY NOT
 BE RELEASED PURSUANT TO FEDERAL OR STATE LAW SHALL  BE  REACTED  BY  THE
 OMBUDSMAN FROM ANY SUCH REPORT OR RECOMMENDATION.
   3.  THE  COMMISSIONER  SHALL  IMMEDIATELY  REPORT TO THE OMBUDSMAN THE
 DEATH OF AN INMATE OF ANY SUCH FACILITY IN SUCH MANNER AND FORM  AS  THE
 OMBUDSMAN  SHALL  PRESCRIBE AND SHALL PROVIDE HIM OR HER WITH AN AUTOPSY
 REPORT WHEN AVAILABLE.
   § 56. OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN.    A
 PERSON  IS  GUILTY  OF  OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL
 OMBUDSMAN WHEN, WITH INTENT TO OBSTRUCT OR IMPEDE AN INQUIRY OR INVESTI-
 GATION BY THE CORRECTIONAL  OMBUDSMAN  APPOINTED  PURSUANT  TO  SECTIONS
 FIFTY-THREE  OR FIFTY-FOUR OF THIS ARTICLE, HE OR SHE KNOWINGLY DESTROYS
 OR KNOWINGLY FAILS TO PERMIT ACCESS TO, EXAMINATION OF, OR  REPRODUCTION
 BY THE OFFICE OF SUCH CORRECTIONAL OMBUDSMAN, OF ANY BOOK, ACCOUNT, BANK
 ACCOUNT  INFORMATION,  REPORT, VOUCHER, CORRESPONDENCE OR CORRESPONDENCE
 FILE, COMPUTER FILE,  COMPUTER  DATA  BASE,  DOCUMENT,  VIDEO  OR  AUDIO
 RECORDING,  STATISTIC OR PERFORMANCE BASED OUTCOME MEASURE, MONEY, PROP-
 ERTY OR ANY OTHER RECORD OF THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY
 SUPERVISION   LAWFULLY   REQUESTED   BY   SUCH  CORRECTIONAL  OMBUDSMAN.
 OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN IS A CLASS  A
 MISDEMEANOR.
   §  2.  Section  2  of  the correction law is amended by adding two new
 subdivisions 32 and 33 to read as follows:
   32. "OFFICE" MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
   33. "OMBUDSMAN" MEANS THE COMMISSIONER OF THE OFFICE  OF  THE  CORREC-
 TIONAL OMBUDSMAN.
   §  3. Subdivision 3 of section 40 of the correction law, as amended by
 section 13 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   3.  "Correctional  facility"  means  [any  institution operated by the
 state department of corrections and community  supervision,]  any  local
 correctional  facility,  or  any  place, OTHER THAN A STATE CORRECTIONAL
 FACILITY OPERATED BY THE DEPARTMENT, used, pursuant to a  contract  with
 the  state  or a municipality, for the detention of persons charged with
 or convicted of a crime, or, for the purpose of  this  article  only,  a
 secure facility operated by the office of children and family services.
   §  4.  Paragraph  1 of subdivision (c) of section 42 of the correction
 law, as added by chapter 865 of the laws of 1975, is amended to read  as
 follows:
   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 offi-
 cials  to  improve  conditions  of care, treatment, safety, supervision,

 S. 3706                            10
 
 rehabilitation, recreation, training and education in LOCAL correctional
 facilities;
   §  5.  Subdivisions  1,  2,  3,  4,  6, 8, and 10 of section 45 of the
 correction law, subdivisions 1 and 2 as added by chapter 865 of the laws
 of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as
 amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi-
 vision 4 as amended by section 15 of subpart A of part C of  chapter  62
 of  the laws of 2011, subdivision 8 as amended by section 2 of part D of
 chapter 63 of the laws of  2005,  paragraph  (b)  of  subdivision  8  as
 amended  by  section  4 of part H of chapter 56 of the laws of 2009, are
 amended to read as follows:
   1. Advise and assist the governor in developing  policies,  plans  and
 programs  for improving the administration of LOCAL correctional facili-
 ties and the delivery of services therein.
   2. Make recommendations to administrators of LOCAL correctional facil-
 ities for improving the administration of such  correctional  facilities
 and the delivery of services therein.
   3.  Except  in  circumstances  involving  health,  safety  or  alleged
 violations of  established  standards  of  the  commission,  visit,  and
 inspect  LOCAL correctional facilities consistent with a schedule deter-
 mined by the chairman  of  the  commission,  taking  into  consideration
 available  resources, workload and staffing, and appraise the management
 of such correctional facilities with specific attention to matters  such
 as safety, security, health of inmates, sanitary conditions, rehabilita-
 tive programs, disturbance and fire prevention and control preparedness,
 and adherence to laws and regulations governing the rights of inmates.
   4.  Establish  procedures  to assure effective investigation of griev-
 ances of, and conditions affecting, inmates of local correctional facil-
 ities.  Such procedures shall include but not be limited to  receipt  of
 written  complaints,  interviews  of  persons, and on-site monitoring of
 conditions.  [In addition, the commission shall establish procedures for
 the speedy and impartial review of grievances  referred  to  it  by  the
 commissioner  of  the  department  of  corrections  and community super-
 vision.]
   6. Promulgate rules and regulations establishing minimum standards for
 the review of the construction  or  improvement  of  LOCAL  correctional
 facilities  and  the  care, custody, correction, treatment, supervision,
 discipline, and other correctional programs for all persons confined  in
 SUCH  correctional  facilities.  Such  rules  and  regulations  shall be
 forwarded to the governor, the temporary president of the senate and the
 speaker of the assembly no later than January  first,  nineteen  hundred
 seventy-six and annually thereafter.
   8. [(a)] Close any LOCAL correctional facility which is unsafe, unsan-
 itary  or inadequate to provide for the separation and classification of
 prisoners required by law or which has not adhered to or  complied  with
 the  rules  or regulations promulgated with respect to any such facility
 by the commission pursuant to the provisions of subdivision six of  this
 section;  provided, however, that before such facility may be closed due
 to conditions which are unsafe, unsanitary or inadequate to provide  for
 the  separation  and  classification  of prisoners, the commission shall
 cause a citation to be mailed to  the  appropriate  municipal  or  other
 official  at  least ten days before the return day thereof directing the
 responsible authorities designated to appear before such  commission  at
 the  time  and  place set forth in the citation, and show cause why such
 correctional facility should not be closed. After a hearing  thereon  or
 upon  the  failure to appear, such commission is empowered to order such

 S. 3706                            11
 
 facility designated in the citation closed within  twenty  days,  during
 which  time the respondent authority may review such order in the manner
 provided in article seventy-eight of the civil practice law  and  rules,
 in  the  supreme  court.  Fifteen days after the order to close has been
 served by a registered letter upon the appropriate official if no  court
 review  has been taken, and fifteen days after the order of such commis-
 sion has been confirmed by the court, in  case  of  court  review,  such
 facility designated in the order shall be closed, and it shall be unlaw-
 ful to confine or detain any person therein and any officer confining or
 detaining any person therein shall be guilty of a class A misdemeanor.
   [(b)  Before a correctional facility as defined in subdivision four of
 section two of this chapter, may be closed for a reason other than those
 set forth in paragraph  (a)  of  this  subdivision,  the  provisions  of
 section seventy-nine-a of this chapter shall be adhered to.]
   10. Approve or reject plans and specifications for the construction or
 improvement  of  LOCAL  correctional facilities that directly affect the
 health of inmates and staff, safety, or security.
   § 6. Section 46 of the correction law, as added by chapter 865 of  the
 laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws
 of  2012,  and  subdivision  3  as amended by chapter 490 of the laws of
 2015, is amended to read as follows:
   § 46. Additional functions, powers and duties of  the  commission.  1.
 The  commission, any member or any employee designated by the commission
 must be granted access at any and all times to  any  LOCAL  correctional
 facility  or  part  thereof  and  to  all books, records, inmate medical
 records and data pertaining to any correctional facility  deemed  neces-
 sary for carrying out the commission's functions, powers and duties. The
 commission,  any  member  or any employee designated by the chairman may
 require from the officers or employees of [a] SUCH correctional facility
 any information deemed necessary for the purpose  of  carrying  out  the
 commission's functions, powers and duties.
   2.  In  the  exercise of its functions, powers and duties, the commis-
 sion, any member, and any attorney employed by the commission is author-
 ized to issue and enforce a subpoena and a subpoena duces tecum,  admin-
 ister  oaths  and  examine  persons  under  oath, in accordance with and
 pursuant to civil practice law and rules. A person examined  under  oath
 pursuant  to  this subdivision shall have the right to be accompanied by
 counsel who shall advise the person of their rights subject  to  reason-
 able  limitations  to  prevent obstruction of, or interference with, the
 orderly conduct of the examination. Notwithstanding any other  provision
 of  law, a subpoena may be issued and enforced pursuant to this subdivi-
 sion for the medical records of an inmate of  a  correctional  facility,
 regardless  of  whether such medical records were made during the course
 of the inmate's incarceration.
   3. In any case where a person in charge or control of a LOCAL  correc-
 tional  facility  or an officer or employee thereof shall fail to comply
 with the provisions of subdivision one, or in any case where a  coroner,
 coroner's  physician  or  medical examiner shall fail to comply with the
 provisions of subdivision six of section six  hundred  seventy-seven  of
 the  county  law,  the  commission may apply to the supreme court for an
 order directed to such person requiring compliance therewith. Upon  such
 application  the court may issue such order as may be just and a failure
 to comply with the order of the court shall be a contempt of  court  and
 punishable as such.
   4. In any case where any rule or regulation promulgated by the commis-
 sion  pursuant  to subdivision six of section forty-five OF THIS ARTICLE

 S. 3706                            12
 
 or the laws relating to the  construction,  management  and  affairs  of
 [any]  A  LOCAL  correctional facility or the care, treatment and disci-
 pline of its inmates, are being or are about to be violated, the commis-
 sion  shall  notify  the  person in charge or control of the facility of
 such violation, recommend remedial action, and  direct  such  person  to
 comply  with  the  rule, regulation or law, as the case may be. Upon the
 failure of such person to comply with the rule, regulation  or  law  the
 commission  may apply to the supreme court for an order directed to such
 person requiring compliance with such rule, regulation or law. Upon such
 application the court may issue such order as may be just and a  failure
 to  comply  with the order of the court shall be a contempt of court and
 punishable as such.
   § 7. Section 47 of the correction law, as added by chapter 865 of  the
 laws  of  1975, paragraph (e) of subdivision 1 as amended by chapter 447
 of the laws of 2016, subdivision 2 as amended by chapter 491 of the laws
 of 1987, is amended to read as follows:
   § 47. Functions, powers and duties of the board. 1.  The  board  shall
 have the following functions, powers and duties:
   (a) Investigate and review the cause and circumstances surrounding the
 death of any inmate of a LOCAL correctional facility.
   (b)  Visit  and  inspect  any  LOCAL  correctional facility wherein an
 inmate has died.
   (c) Cause the body of  the  deceased  to  undergo  such  examinations,
 including  an  autopsy, as in the opinion of the board, are necessary to
 determine the cause of death, irrespective of whether any such  examina-
 tion or autopsy shall have previously been performed.
   (d)  Upon  review  of the cause of death and circumstances surrounding
 the death of any inmate IN A  LOCAL  CORRECTIONAL  FACILITY,  the  board
 shall  submit  its  report  thereon to the commission, THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY AND  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
 CHAIRPERSON  OF THE ASSEMBLY CORRECTION COMMITTEE AND THE CHAIRPERSON OF
 THE SENATE CRIME AND CORRECTION COMMITTEE, and, where appropriate,  make
 recommendations  to prevent the recurrence of such deaths to the commis-
 sion and the administrator of the appropriate correctional facility.
   (e) (i) Investigate and report to the commission on the  condition  of
 systems for the delivery of medical care to inmates of LOCAL correction-
 al  facilities  and where appropriate recommend such changes as it shall
 deem necessary and proper to improve the  quality  and  availability  of
 such medical care.
   (ii)  The  board shall be responsive to inquiries from the next of kin
 and other person designated as a  representative  of  any  inmate  whose
 death  takes  place  during  custody  in  a  state correctional facility
 regarding the  circumstances  surrounding  the  death  of  such  inmate.
 Contact  information  for  the next of kin and designated representative
 shall be provided by the department to  the  board  from  the  emergency
 contact information previously provided by the inmate to the department.
   2.  Every  administrator  of a LOCAL correctional facility shall imme-
 diately report to the board the death of an inmate of any such  facility
 in  such  manner and form as the board shall prescribe, together with an
 autopsy report.
   § 8. Section 89-a of the correction law, as amended by chapter 409  of
 the laws of 1991, is amended to read as follows:
   §  89-a.  [1.]  Management  of alternate correctional facilities.   1.
 Superintendence, management and control of alternate correctional facil-
 ities and the eligible inmates housed therein shall be  as  directed  by
 the commissioner consistent with the following: an alternate correction-

 S. 3706                            13
 
 al  facility shall be operated pursuant to rules and regulations promul-
 gated for such facilities by the commissioner in consultation  with  the
 [state  commission  of  correction] OFFICE OF THE CORRECTIONAL OMBUDSMAN
 and  the  provisions  of the operation agreement. The commissioner shall
 operate such facility insofar as practicable in the  same  manner  as  a
 general confinement facility which houses medium security state inmates.
 Nothing  herein, however, shall preclude the commissioner from enhancing
 staffing or programming to accommodate the particular needs of  eligible
 inmates  pursuant  to the operation agreement. No inmate shall be housed
 in any alternate correctional facility  until  such  facility  has  been
 established  in accordance with the provisions of section eighty-nine of
 this article. The population in an alternate correctional facility shall
 not exceed its design capacity of approximately seven  hundred  eligible
 inmates  except  pursuant  to  variances permitted by law, rule or regu-
 lation or court order.
   2. Notwithstanding any other provisions of law, no variance  authoriz-
 ing  an  alternate  correctional  facility to exceed its design capacity
 shall be granted after  March  fifteenth,  nineteen  hundred  ninety-two
 unless  the  mayor  of  the  city of New York submits, together with the
 variance request, a certificate of emergency demonstrating the need  for
 such  variance  and  that reasonable alternatives to the granting of the
 variance do not exist, and containing a  detailed  summary  of  measures
 that will be taken to restore compliance with such design capacity.  The
 [chairman  of  the  state  commission of correction] COMMISSIONER OF THE
 OFFICE OF THE CORRECTIONAL OMBUDSMAN shall transmit, in a timely manner,
 notice of  such  request  to  the  chairmen  of  the  senate  crime  and
 correction committee and the assembly correction committee.
   §  9.  Subdivision 1 of section 89-e of the correction law, as amended
 by section 47 of part A of chapter 56 of the laws of 2010, is amended to
 read as follows:
   1. The alternate correctional facility review panel is  hereby  estab-
 lished and shall consist of the commissioner, [the chairman of the state
 commission  of correction] THE COMMISSIONER OF THE OFFICE OF THE CORREC-
 TIONAL OMBUDSMAN, the chairman of the board of parole, the  director  of
 the  office of probation and correctional alternatives, the commissioner
 of correction of the city of New York, the president  of  the  New  York
 State  Sheriffs'  Association  Institute, Inc., and the president of the
 Correctional Association of New York or their  designees.  The  governor
 shall appoint a chairman and vice-chairman from among the members.
   §  10.  Section 89-f of the correction law, as added by chapter 549 of
 the laws of 1987, is amended to read as follows:
   § 89-f. Oversight. The [state commission of correction] OFFICE OF  THE
 CORRECTIONAL  OMBUDSMAN  shall  exercise  the  same  powers  and  duties
 concerning each alternate  correctional  facility  as  the  [commission]
 OFFICE  is required to exercise concerning a New York state correctional
 facility. The [commission] OFFICE shall prepare an annual report on each
 alternate correctional facility which  shall  evaluate  and  assess  the
 department's  compliance  with  all  rules and regulations applicable to
 that facility and the operation agreement and  which  shall  include  an
 analysis  of  the  frequency  and  severity of all unusual incidents and
 assaults occurring in that facility. The annual reports shall  be  filed
 with  the  governor,  the mayor of the city of New York, the chairman of
 the senate crime and correction  committee,  and  the  chairman  of  the
 assembly  committee on correction no later than the first day of June of
 each year.

 S. 3706                            14
 
   § 11. Subdivision 1 of section 112 of the correction law,  as  amended
 by  section 19 of subpart A of part C of chapter 62 of the laws of 2011,
 is amended to read as follows:
   1.  The  commissioner  of  corrections and community supervision shall
 have the superintendence, management and  control  of  the  correctional
 facilities in the department and of the inmates confined therein, and of
 all  matters relating to the government, discipline, policing, contracts
 and fiscal concerns thereof. He or she shall have the power and it shall
 be his or her duty to inquire  into  all  matters  connected  with  said
 correctional  facilities  AND  TO  REPORT ANY ALLEGATIONS OF CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE TO  THE  OFFICE
 OF  THE  CORRECTIONAL  OMBUDSMAN FOR INVESTIGATION, AS WELL AS REPORT TO
 SUCH OFFICE ON OTHER CORRECTIONAL ISSUES, INCLUDING, BUT NOT LIMITED TO,
 STAFF RECRUITMENT, TRAINING,  SUPERVISION,  DISCIPLINE,  INMATE  DEATHS,
 MEDICAL  AND  MENTAL  HEALTH CARE, USE OF FORCE, INMATE VIOLENCE, CONDI-
 TIONS OF CONFINEMENT,  INMATE  DISCIPLINARY  PROCESS,  INMATE  GRIEVANCE
 PROCESS,  SUBSTANCE-ABUSE  TREATMENT,  EDUCATIONAL, VOCATIONAL AND OTHER
 PROGRAMMING AND RE-ENTRY PLANNING. He or she shall make such  rules  and
 regulations,  not  in  conflict with the statutes of this state, for the
 government of  the  officers  and  other  employees  of  the  department
 assigned to said facilities, and in regard to the duties to be performed
 by  them,  and  for  the  government and discipline of each correctional
 facility, as he or she may deem proper, and shall cause such  rules  and
 regulations  to be recorded by the superintendent of the facility, and a
 copy thereof to be furnished to each employee assigned to the  facility.
 He  or  she  shall also prescribe a system of accounts and records to be
 kept at each correctional facility, which system shall be uniform at all
 of said facilities, and he or she shall also make rules and  regulations
 for  a  record of photographs and other means of identifying each inmate
 received into said facilities. He  or  she  shall  appoint  and  remove,
 subject  to  the  civil  service law and rules, subordinate officers and
 other employees of the  department  who  are  assigned  to  correctional
 facilities.
   §  12.  Subdivision 1 of section 146 of the correction law, as amended
 by chapter 234 of the laws of 2013, is amended to read as follows:
   1. The following persons shall be authorized to visit at pleasure  all
 correctional  facilities:  The governor and lieutenant-governor, commis-
 sioner of general services, secretary of state, comptroller  and  attor-
 ney-general,  members  of the commission of correction, ANY EMPLOYEE OF,
 OR PERSON UNDER CONTRACT TO, THE OFFICE OF THE  CORRECTIONAL  OMBUDSMAN,
 MEMBERS  OF THE CORRECTIONAL OVERSIGHT BOARD, members of the legislature
 and any employee of the department as requested by  the  member  of  the
 legislature  if  the member requests to be so accompanied, provided that
 such request does not impact upon the department's ability to supervise,
 manage and control its facilities as  determined  by  the  commissioner,
 judges  of  the  court  of  appeals,  supreme  court  and county judges,
 district attorneys and every clergyman or minister, as  such  terms  are
 defined  in section two of the religious corporations law, having charge
 of a congregation in the county wherein any such facility  is  situated.
 No  other  person  not otherwise authorized by law shall be permitted to
 enter a correctional facility except by authority of the commissioner of
 correction under such regulations as the commissioner  shall  prescribe.
 The  provisions  of  this  section  shall not apply to such portion of a
 correctional facility in which  inmates  under  sentence  of  death  are
 confined.

 S. 3706                            15
 
   §  13. Section 853 of the correction law, as amended by chapter 757 of
 the laws of 1981, is amended to read as follows:
   §  853.  Reporting and information. To ensure the accurate maintenance
 and availability of statistics and records with respect to participation
 in temporary release programs, the department shall maintain the follow-
 ing information relative to the operation of temporary release programs:
   (a) number of inmate participants in each temporary release program;
   (b) number of inmates participating  in  temporary  release  for  whom
 written  approval  of the commissioner was required pursuant to subdivi-
 sion two of section eight hundred fifty-one of this chapter;
   (c) number and type of individual programs approved for  each  partic-
 ipant;
   (d) approved participating employers and educational institutions;
   (e) number of inmates arrested;
   (f) inmates involuntarily returned for violations by institution;
   (g) absconders still at large;
   (h) number of disciplinary proceedings initiated and the results ther-
 eof;
   (i)  number  of temporary release committee decisions appealed and the
 results thereof by institution;
   (j) reports or information  made  available  to  the  department  with
 respect  to the participation of individuals in such programs, including
 any incidents of absconding or re-arrest.
   The  department  shall  also  forward  to  the  [state  commission  of
 correction]  OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  quarterly reports
 including, but not limited to, the information  identified  in  subdivi-
 sions  (a),  (b),  (d),  (e), (f) and (g) of this section and such other
 information requested by the [commission] OFFICE  or  available  to  the
 department with respect to such programs.
   §  14.  Section  854 of the correction law, as added by chapter 691 of
 the laws of 1977, is amended to read as follows:
   § 854. Evaluation and recommendation. In recognition of the  need  for
 an  independent  evaluation  of,  and  recommendations  with respect to,
 temporary release, the [commission of correction] OFFICE OF THE  CORREC-
 TIONAL OMBUDSMAN shall evaluate and assess the administration and opera-
 tion  of all temporary release programs conducted pursuant to this arti-
 cle and shall submit to the governor and the legislature by March first,
 [nineteen hundred seventy-eight] TWO THOUSAND TWENTY-TWO,  its  findings
 together  with  any recommendations with respect to the proper operation
 or the improvement of such temporary release programs.
   § 15. Section 857 of the correction law, as added  by chapter  691  of
 the laws of 1977, is amended to read as follows:
   §  857.  Complaint  and  abuse  review.  Any  person may submit to the
 [commission of correction] OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  any
 complaint  he  or  she  may  have  concerning programmatic abuses.   The
 [commission of correction] OFFICE shall evaluate  such  complaints  and,
 where  indicated,  conduct any needed investigation. If the [commission]
 OFFICE concludes that a complaint is valid, the  [commission]  OMBUDSMAN
 shall  make  recommendations  to  the  department for corrective action.
 Where the [commission] OFFICE believes  sufficient  evidence  exists  to
 support  a  criminal  charge,  the [commission] OFFICE shall report such
 evidence to the appropriate law enforcement agencies.
   § 16. Subdivision 6 of section 677 of the county law,  as  amended  by
 chapter 490 of the laws of 2015, is amended to read as follows:
   6.  Notwithstanding section six hundred seventy of this article or any
 other provision of law, the  coroner,  coroner's  physician  or  medical

 S. 3706                            16
 
 examiner  shall  promptly provide the chairman of the correction medical
 review board OR THE COMMISSIONER  OF  THE  OFFICE  OF  THE  CORRECTIONAL
 OMBUDSMAN and the commissioner of corrections and community supervision,
 AS  APPROPRIATE, with copies of any autopsy report, toxicological report
 or any report of any examination or inquiry prepared with respect to any
 death occurring to an inmate of a correctional facility  as  defined  by
 subdivision  three  of section forty of the correction law within his OR
 HER county; and shall promptly provide the  executive  director  of  the
 justice  center  for  the  protection  of people with special needs with
 copies of any autopsy report, toxicology report or  any  report  of  any
 examination or inquiry prepared with respect to the death of any service
 recipient occurring while he or she was a resident in any facility oper-
 ated,  licensed  or  certified  by  any  agency within the department of
 mental hygiene, the office of children and family services, the  depart-
 ment  of  health or the state education department. If the toxicological
 report is prepared pursuant  to  any  agreement  or  contract  with  any
 person, partnership, corporation or governmental agency with the coroner
 or  medical  examiner,  such  report  shall  be promptly provided to the
 chairman of the correction medical review board, THE COMMISSIONER OF THE
 OFFICE OF THE CORRECTIONAL OMBUDSMAN, the  commissioner  of  corrections
 and  community  supervision  or  the  executive  director of the justice
 center for people with special needs, as appropriate,  by  such  person,
 partnership, corporation or governmental agency.
   §  17. Section 2.10 of the criminal procedure law is amended by adding
 a new subdivision 85 to read as follows:
   85. INVESTIGATORS OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
   § 18. Subdivision 2 of section 285 of the education law, as  added  by
 section  6  of  part  O of chapter 57 of the laws of 2005, is amended to
 read as follows:
   2. The commissioner is authorized to expend up to one  hundred  seven-
 ty-five  thousand  dollars  annually to provide grants to public library
 systems operating under an approved plan of  service  for  provision  of
 services to county jail facilities. Such formula grants shall assist the
 library  system  in  making  available  to the inmate population of such
 facility or facilities the library resources of such system. Such grants
 shall be available to each public library system in such  manner  as  to
 insure  that  the ratio of the amount each system is eligible to receive
 equals the ratio of the number of inmates  served  by  the  county  jail
 facility to the total number of inmates served by county jail facilities
 in the state as of July first of the year preceding the calendar year in
 which  the  state  aid  to  public library systems is to be paid. Inmate
 populations shall be certified by the  [New  York  state  commission  of
 correction]    OFFICE  OF  THE  CORRECTIONAL OMBUDSMAN. The commissioner
 shall adopt any regulations necessary to  carry  out  the  purposes  and
 provisions of this subdivision.
   §  19.  Section  63  of  the  executive law is amended by adding a new
 subdivision 17 to read as follows:
   17. INVESTIGATE THE ALLEGED COMMISSION  OF  ANY  CRIMINAL  OFFENSE  OR
 OFFENSES  COMMITTED  BY AN EMPLOYEE OF THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION IN CONNECTION WITH THE PERFORMANCE OF HIS  OR  HER
 OFFICIAL  DUTIES,  AND  PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED TO
 HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES IN CONNECTION WITH  THE
 PERFORMANCE OF HIS OR HER OFFICIAL DUTIES. THE ATTORNEY GENERAL MAY ONLY
 EXERCISE  THE  JURISDICTION  PROVIDED BY THIS SUBDIVISION UPON A WRITTEN
 FINDING THAT SUCH JURISDICTION IS NECESSARY BECAUSE: (A) OF  A  LACK  OF
 ALTERNATIVE PROSECUTORIAL RESOURCES TO ADEQUATELY INVESTIGATE AND PROSE-

 S. 3706                            17
 
 CUTE  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES OR, (B) THE EXERCISE OF SUCH
 JURISDICTION IS NECESSARY TO ENSURE THE CONFIDENCE OF THE PUBLIC IN  THE
 JUDICIAL  SYSTEM.  IN  ALL  SUCH  PROCEEDINGS,  THE ATTORNEY GENERAL MAY
 APPEAR  IN  PERSON OR BY HIS OR HER DEPUTY OR ASSISTANT BEFORE ANY COURT
 OR GRAND JURY AND EXERCISE ALL OF THE POWERS  AND  PERFORM  ALL  OF  THE
 DUTIES  WITH  RESPECT  TO SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT
 ATTORNEY WOULD OTHERWISE  BE  AUTHORIZED  OR  REQUIRED  TO  EXERCISE  OR
 PERFORM.
   §  20.  Paragraph (a) of subdivision 1 of section 169 of the executive
 law, as amended by section 9 of part A of chapter  60  of  the  laws  of
 2012, is amended to read as follows:
   (a) commissioner of corrections and community supervision, COMMISSION-
 ER  OF  THE OFFICE OF THE CORRECTIONAL OMBUDSMAN, commissioner of educa-
 tion, commissioner of health, commissioner of mental health, commission-
 er of developmental disabilities, commissioner of  children  and  family
 services,  commissioner of temporary and disability assistance, chancel-
 lor of the state university of New York, commissioner of transportation,
 commissioner of  environmental  conservation,  superintendent  of  state
 police,  commissioner  of general services, commissioner of the division
 of homeland security and emergency services and the  executive  director
 of the state gaming commission;
   § 21. Subdivision 9 of section 837-a of the executive law, as added by
 section  4  of  part  Q of chapter 56 of the laws of 2009, is amended to
 read as follows:
   9. In consultation with the state commission of correction, THE OFFICE
 OF THE CORRECTIONAL OMBUDSMAN and the municipal police training council,
 establish and maintain basic and other  correctional  training  programs
 for  such  personnel  employed by correctional facilities as the commis-
 sioner shall deem necessary. Such basic  correctional  training  program
 shall  be  satisfactorily  completed  by  such  personnel prior to their
 undertaking their duties or within one year following the date of  their
 appointment  or  at  such  times  as  the  commissioner  may  prescribe.
 Provided, however, the commissioner may,  after  consultation  with  the
 state commission of correction OR THE OFFICE OF THE CORRECTIONAL OMBUDS-
 MAN, exempt from such requirement personnel employed by any correctional
 facility  which,  in  the opinion of the commissioner, maintains a basic
 correctional training program of a standard equal to or higher than that
 established and maintained by the division; or revoke  in  whole  or  in
 part such exemption, if in his or her opinion the standards of the basic
 correctional training program maintained by such facility are lower than
 those established pursuant to this article.
   §  22.  Subdivision  (c) of section 33.13 of the mental hygiene law is
 amended by adding a new paragraph 18 to read as follows:
   18. TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
   § 23. Subdivision 1 of section  2782  of  the  public  health  law  is
 amended by adding a new paragraph (s) to read as follows:
   (S)  AN  EMPLOYEE OR AGENT OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN
 IN ORDER TO CARRY OUT THE OFFICE'S FUNCTIONS,  POWERS  AND  DUTIES  WITH
 RESPECT  TO THE PROTECTED INDIVIDUAL, PURSUANT TO ARTICLE THREE-A OF THE
 CORRECTION LAW.
   § 24. Paragraph (a) of subdivision 2 of section  2786  of  the  public
 health  law,  as added by chapter 584 of the laws of 1988, is amended to
 read as follows:
   (a) Each state agency authorized pursuant to this  article  to  obtain
 confidential  HIV  related  information  shall, in consultation with the
 department of health, promulgate  regulations:  (1)  to  provide  [safe-

 S. 3706                            18

 quards]  SAFEGUARDS  to  prevent  discrimination, abuse or other adverse
 actions directed toward  protected  individuals;  (2)  to  prohibit  the
 disclosure  of  such information except in accordance with this article;
 (3)  to  seek to protect individuals in contact with the protected indi-
 vidual when such contact creates a significant risk  of  contracting  or
 transmitting  HIV  infection through the exchange of body fluids[,]; and
 (4) to establish criteria for determining when it is  reasonably  neces-
 sary for a provider of a health or social service or the state agency or
 a  local  government  agency  to have or to use confidential HIV related
 information for  supervision,  monitoring,  investigation,  or  adminis-
 tration and for determining which employees and agents may, in the ordi-
 nary  course  of  business  of  the agency or provider, be authorized to
 access confidential HIV related information pursuant to  the  provisions
 of  paragraphs  (l)  and  (m)  of subdivision one and subdivision six of
 section twenty-seven hundred eighty-two of this  article;  and  provided
 further that such regulations shall be promulgated by the chairperson of
 the commission of correction OR THE OFFICE OF THE CORRECTIONAL OMBUDSMAN
 where  disclosure  is made pursuant to paragraphs (n) [and], (o), OR (R)
 of subdivision one of section twenty-seven hundred  eighty-two  of  this
 article.
   §  25.  Subdivision  8  of  section  92 of the public officers law, as
 amended by section 135 of subpart B of part C of chapter 62 of the  laws
 of 2011, is amended to read as follows:
   (8)  Public  safety  agency  record.  The  term  "public safety agency
 record" means a record of the state commission of correction, THE OFFICE
 OF THE CORRECTIONAL OMBUDSMAN, the temporary state commission of  inves-
 tigation,  the  department of corrections and community supervision, the
 office of children and family services, the office of  victim  services,
 the office of probation and correctional alternatives or the division of
 state  police  or of any agency or component thereof whose primary func-
 tion is the enforcement of civil or criminal  statutes  if  such  record
 pertains  to  investigation,  law enforcement, confinement of persons in
 correctional facilities or supervision of persons pursuant  to  criminal
 conviction or court order, and any records maintained by the division of
 criminal justice services pursuant to sections eight hundred thirty-sev-
 en,  eight  hundred  thirty-seven-a, eight hundred thirty-seven-b, eight
 hundred thirty-seven-c, eight hundred thirty-eight, eight hundred  thir-
 ty-nine,  and  eight  hundred forty-five of the executive law and by the
 department of state pursuant to section  ninety-nine  of  the  executive
 law.
   §  26.  Subdivision  1 of section 460-c of the social services law, as
 amended by chapter 838 of the laws  of  1987,  is  amended  to  read  as
 follows:
   1.  Excepting  state institutions for the education and support of the
 blind, the deaf and the dumb, facilities subject to the approval,  visi-
 tation  and  inspection  of  the state department of mental hygiene, THE
 OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  or  the  state  commission  of
 correction, facilities operated by or under the supervision of the divi-
 sion  for youth and facilities subject to the supervision of the depart-
 ment of health pursuant to article twenty-eight  of  the  public  health
 law,  the  department  shall  inspect  and maintain supervision over all
 public and private facilities or agencies whether state, county, munici-
 pal, incorporated or not incorporated which are  in  receipt  of  public
 funds, which are of a charitable, eleemosynary, correctional or reforma-
 tory  character,  including facilities or agencies exercising custody of
 dependent, neglected, abused, maltreated, abandoned or delinquent  chil-

 S. 3706                            19
 
 dren, agencies engaged in the placing-out or boarding-out of children as
 defined  in  section three hundred seventy-one of this chapter, homes or
 shelters for unmarried mothers,  residential  programs  for  victims  of
 domestic  violence as defined in subdivision [five] FOUR of section four
 hundred fifty-nine-a of this chapter and adult care facilities.
   § 27. This act shall take effect one year after it shall have become a
 law.