| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 05, 2022 | referred to crime victims, crime and correction |
| Jan 20, 2021 | referred to crime victims, crime and correction |
senate Bill S2175
2021-2022 Legislative Session
Creates the office of the correctional ombudsman
Sponsored By
Luis R. Sepúlveda
(D) 32nd Senate District
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
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view actions (2)
Co-Sponsors
Brian A. Benjamin
(D) 0 Senate District
Julia Salazar
(D, WF) 18th Senate District
S2175 (ACTIVE) - Details
- Current Committee:
- Senate Crime Victims, Crime And Correction
- Law Section:
- Correction Law
- Laws Affected:
- Amd Cor L, generally; amd §677, County L; amd §2.10, CP L; amd §285, Ed L; amd §§63, 169 & 837-a, Exec L; amd §33.13, Ment Hyg L; amd §§2782 & 2786, Pub Health L; amd §92, Pub Off L; amd §460-c, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016: S8059
2017-2018: S7899
2019-2020: S777, S3706
S2175 (ACTIVE) - Summary
Creates the office of the correctional ombudsman to achieve transparency, fairness, impartiality and accountability in New York state correctional facilities; relates to reports by coroners; designates investigators of the office of the correctional ombudsman as peace officers; authorizes 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… (view more) relates to the confidentiality of certain records; includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
S2175 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2175 SPONSOR: SEPULVEDA TITLE OF BILL: 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 ombudsman as peace officers; to amend the education law, in relation to the certif- ication of inmate populations; to amend the executive law, in relation to authorizing the attorney general to investigate the alleged commis- sion 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
PURPOSE OR GENERAL IDEA OF BILL: This bill creates the office of the correctional ombudsman. SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates the office of the correctional ombudsman; section 2 amends section 2 of the correction law; sections 3-7 amend sections 40, 42, 45, 46, and 47 of the correction law, respectively; sections 8-10 amends sections 89-a, 89-3 and 89-f of the correction law, respectively; section 11 amends section 112 of the correction law; section 12 amends section 146 of the correction law; sections 13-15 amend sections 853, 854 and 857 of the correction law, respectively; section 16 amends section 677 of the county law; section 17 amends section 2.10 of the criminal procedure law; section 18 amends section 285 of the education law; section 19 amends section 63 of the executive law; section 20 amends section 169 of the executive law; section 21 amends section 837-a of the executive law; section 22 amends section 33.13 of the mental hygiene law; sections 23-24 amend sections 2782 and 2786 of the public health law, respectively; section 25 amends section 92 of the public officers law; and section 26 amends section 460-c of the social services law. Section 27 provides an effective date. JUSTIFICATION: The Department of Corrections and Community Supervision has come under increased public scrutiny in the last few years. The union for correc- tional officers, NYSCOBA, claims that assaults on staff aerttplag stead- ily, and our state prisons are becoming more violent!'The CBI recently opened an investigation into the severe beating of an inmate whose eye sockets were broken by correctional officers at Downstate Correctional Facility. Two security staff members at Greene Correctional Facility were fired after arranging for an inmate who had lodged complaints against them to be beaten up in the shower and then covering up the attack. The incident was investigated by the State inspector General because the DOCCS Inspector General was forced to step down after being accused of sexual harassment of a staff member as part of a broader pattern of harassment that went on for years. In April 2015, two inmates, Samuel Harrell and Karl Taylor, were killed in separate alter- cations with security staff at Fishkill and Sullivan Correctional Facil- ities. In June 2015, two inmates escaped from Clinton Correctional Facility, a maximum security prison in Dannemora, New York, near the Canadian border. The inmates received tools and information aiding in their escape from a correctional officer and a civilian correctional employee who had a prior complaint lodged against her for having an inappropriate relationship with one of the inmates. That complaint was internally investigated and dismissed by the Department The inmate involved was not even transferred out of Clinton, but kept working with the same civilian employee in the tailor shop. Although one of th e escapees was shot dead by the border patrol, the other inmate was captured. He told investigators that they had spent several months preparing for the escape, sawing through their cell walls at night and exploring the heating and sewer systems in order to find a route out of the prison. Security is supposed to conduct hourly bed checks of inmates. After the escape, inmates from Clinton complained of retali- ation against many inmates in the same housing block as the escapees, including inability to communicate with family members, transfer to solitary confinement cells, deprivation of food, medicine and personal property, harassment, threats and beatings to extract information. It is difficult to evaluate or understand what is happening behind pris- on walls. The State Inspector General and the Justice Center for the Protection of People with Special Needs do not, with limited exceptions, have jurisdiction over the prison system. State police are sometimes called in when DOCCS believes a crime has been committed, but usually only when inmates are alleged to have committed a crime, not when staff may have acted illegally. Currently, DOCCS maintains its own investi- gative body, the Office of Special Investigations (OSI), to investigate grievances and unusual incidents, among other issues. There is an inher- ent conflict of interest in having DOCCS staff investigate incidents involving correctional employees. DOCCS investigators, most of whom are former or current security staff, are not impartial or unbiased, nor is it reasonable to expect them to be so given the very polarized atmos- phere of some prisons in which both inmates and staff feel unsafe. This bill would not force DOCCS to stop investigating unusual incidents in its prisons, it would simply create an independent public oversight agency, the office of the correctional ombudsman, to monitor the pris- ons, investigate complaints and report to the governor, the legislature, DOCCS and the public. The goal of this legislation is to achieve trans- parency, fairness, impartiality and accountability in our state correc- tional system. Many other states and countries have ombudsman or inspec- tor generals who remain outside of the correctional department and who work with its staff to create safer and more humane prisons. The Inspec- tor General of the California prison system says that the role of his office is to be a guide dog, not an attack dog, they only bark when the department steps off the sidewalk. That is the role envisioned for the Office of the Correctional Ombudsman; to solve problems, provide trans- parency and make recommendations to the Department. PRIOR LEGISLATIVE HISTORY: S. 8059 of 2016, Referred to Rules; A. 9939 Passed Assembly S. 7899 2018, Referred to Crime Victims, Crime and Corrections S.3706 of 2019-20; Referred to Crime Victims, Crime and Correction FISCAL IMPLICATIONS: To be determined LOCAL FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
S2175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2175
2021-2022 Regular Sessions
I N S E N A T E
January 20, 2021
___________
Introduced by Sens. SEPULVEDA, BENJAMIN -- read twice and ordered print-
ed, 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.
LBD04476-01-1
S. 2175 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. 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 OMBUDS-
MAN SHALL REPORT TO THE CORRECTIONAL OVERSIGHT BOARD ESTABLISHED PURSU-
ANT TO SECTION FIFTY-TWO OF THIS ARTICLE, PROVIDED, HOWEVER, THAT ADMIN-
ISTRATIVE MATTERS OF GENERAL APPLICATION WITHIN THE EXECUTIVE DEPARTMENT
SHALL BE ALSO APPLICABLE TO THE OFFICE.
1. FOLLOWING THE INITIAL APPOINTMENT OF THE MEMBERS OF THE CORRECTION-
AL 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 SUBDIVISION
SHALL PROHIBIT THE BOARD FROM APPOINTING AN INTERIM OMBUDSMAN IF THERE
IS A VACANCY.
2. THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF
ANY NOMINATION OF AN OMBUDSMAN MADE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, 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 SUBDIVISION ONE FO THIS SECTION 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.
3. 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. 2175 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. 2175 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. 2175 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, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE 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 APPROPRIATE 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. 2175 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 THE 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. 2175 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. 2175 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 THE
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. 2175 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 33 and 34 to read as follows:
33. "OFFICE" MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
34. "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. 2175 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. 2175 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. 2175 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 (d) of subdivision 1 as amended by chapter 80 of
the laws of 2020, 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 and to the governor,
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, the
chairman of the assembly committee on correction and the chairman of the
senate committee on crime victims, crime and correction and, where
appropriate, make recommendations to prevent the recurrence of such
deaths to the commission and the administrator of the appropriate
correctional facility. The report provided to the governor, the chairman
of the assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction shall not be redacted
except as otherwise required to protect confidential medical records and
behavioral health records in accordance with state and federal laws,
rules, and regulations.
(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
S. 2175 13
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-
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
S. 2175 14
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.
§ 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 274 of the laws of 2019, 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 their accompanying staff 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
S. 2175 15
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.
§ 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-FOUR, 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.
S. 2175 16
§ 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
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 86 to read as follows:
86. 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
S. 2175 17
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-
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.
S. 2175 18
§ 24. Paragraph (a) of subdivision 2 of section 2786 of the public
health law, as amended by chapter 312 of the laws of 2020, is amended to
read as follows:
(a) Each state agency authorized pursuant to this article to obtain
confidential HIV related information and the board of correction of the
city of New York shall, in consultation with the department of health,
promulgate regulations: (1) to provide [safequards] SAFEGUARDS to
prevent discrimination, abuse or other adverse actions directed toward
protected individuals; (2) to prohibit the disclosure of such informa-
tion except in accordance with this article; (3) to seek to protect
individuals in contact with the protected individual 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 necessary for a provider of a
health or social service or the state agency or a local government agen-
cy to have or to use confidential HIV related information for super-
vision, monitoring, investigation, or administration and for determining
which employees and agents may, in the ordinary 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 (S) 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
S. 2175 19
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-
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.
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