Assembly Bill A6322

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6322
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by  M. of A. WALKER, GLICK, SHIMSKY, TAPIA, EPSTEIN, WEPRIN,
   STECK -- Multi-Sponsored by --  M.  of  A.  SIMON  --  read  once  and
   referred to the Committee on Correction
 
 AN  ACT  to amend the correction law, in relation to creating the office
   of the correctional ombudsperson; 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 correction-
   al  ombudsperson  as  peace  officers;  to amend the education law, in
   relation to the certification of incarcerated individual  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 communi-
   ty  supervision in connection with their 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  confiden-
   tiality  of  certain  records;  to  amend  the public officers law, in
   relation to including the  office  of  the  correctional  ombudsperson
   records  within the definition of public safety agency records; and to
   amend the social services law, in relation to  inspection  and  super-
   vision
 
   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 OMBUDSPERSON
 SECTION 50. DEFINITIONS.
         51. OFFICE OF THE CORRECTIONAL OMBUDSPERSON; ORGANIZATION.
         52. CORRECTIONAL OVERSIGHT BOARD.
         53. POWERS OF THE OMBUDSPERSON.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04794-01-5
              

 A. 6322                             2
 
         54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF THE OFFICE OF THE
               OMBUDSPERSON.
         55.  ADDITIONAL  DUTIES OF THE DEPARTMENT AND LOCAL CORRECTIONAL
               FACILITIES.
         56. OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL  OMBUDSPER-
               SON.
   §  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 OMBUDSPERSON.
   2. "OMBUDSPERSON" REFERS TO THE COMMISSIONER  OF  THE  OFFICE  OF  THE
 CORRECTIONAL OMBUDSPERSON.
   § 51. OFFICE OF THE CORRECTIONAL OMBUDSPERSON; ORGANIZATION.  IN ORDER
 TO  ACHIEVE  TRANSPARENCY,  FAIRNESS, IMPARTIALITY AND ACCOUNTABILITY IN
 OUR STATE AND LOCAL CORRECTIONAL FACILITIES, THERE SHALL BE AN INDEPEND-
 ENT OFFICE OF THE CORRECTIONAL OMBUDSPERSON WITHIN THE EXECUTIVE DEPART-
 MENT. THE OMBUDSPERSON 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.
   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 OMBUDSPERSON AND
 NOTIFY THE GOVERNOR OF SUCH NOMINATION.   NOTHING  IN  THIS  SUBDIVISION
 SHALL  PROHIBIT  THE  BOARD  FROM  APPOINTING AN INTERIM OMBUDSPERSON IF
 THERE IS A VACANCY.
   2. THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE  OF
 ANY  NOMINATION  OF  AN OMBUDSPERSON 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  THEIR  TERM  AS
 OMBUDSPERSON.  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 OMBUDSPERSON
 PROVIDED, HOWEVER, THAT SUCH BOARD MAY AUTHORIZE AN INTERIM OMBUDSPERSON
 APPOINTED PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  TO  SERVE  OR
 CONTINUE  TO  SERVE AS INTERIM OMBUDSPERSON UNTIL SUCH TIME AS AN OMBUD-
 SPERSON 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 OMBUDSPERSON
 MAY EXERCISE ALL OF THE POWERS AVAILABLE TO THE OMBUDSPERSON.
   3. THE OMBUDSPERSON MAY NOT HAVE WORKED FOR THE DEPARTMENT OR FOR  ANY
 LOCAL  CORRECTIONAL  FACILITY WITHIN THE LAST TEN YEARS AND MAY NOT HOLD
 ANY PUBLIC OFFICE OR OTHER EMPLOYMENT. THE OMBUDSPERSON  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 AND LOCAL CORRECTIONAL FACILITIES AND TO APPOINT
 THE OMBUDSPERSON.  NO CURRENT EMPLOYEE OF THE DEPARTMENT OR AN  EMPLOYEE
 OF  ANY  LOCAL  CORRECTIONAL  FACILITY SHALL BE APPOINTED TO OR SERVE ON
 SUCH BOARD. THE BOARD SHALL CONSIST  OF  TWELVE  MEMBERS  WHO  SHALL  BE
 APPOINTED AS FOLLOWS:
 A. 6322                             3
 
   (A) ONE SHALL BE THE STATE INSPECTOR GENERAL;
   (B)  TWO  SHALL  BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
 THE SENATE;
   (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
 INCARCERATED INDIVIDUAL;
   (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 SUCH MEMBER 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 SUCH MEMBER'S TERM UNTIL SUCH TIME
 AS THEY ARE REAPPOINTED OR THEIR 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 SUCH
 MEMBER FORFEIT ANY SUCH OFFICE OR EMPLOYMENT, BY REASON OF SUCH MEMBER'S
 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 OMBUDSPERSON FOR THE
 IMPROVEMENT OF THE DEPARTMENT'S POLICIES AND CONSULT WITH AND ADVISE THE
 OFFICE OF THE CORRECTIONAL OMBUDSPERSON IN CARRYING OUT THE  DUTIES  AND
 A. 6322                             4
 
 RESPONSIBILITIES  OF  SUCH  OFFICE. THE OMBUDSPERSON 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-
 ARDS  OR  PROTOCOLS  ADOPTED  BY THE OMBUDSPERSON FOR THE INSPECTION AND
 MONITORING OF CORRECTIONAL FACILITIES OR THE  RESOLUTION  OF  COMPLAINTS
 RECEIVED BY THE OFFICE.
   8.  EACH  MEMBER OF THE BOARD SHALL TOUR A STATE CORRECTIONAL FACILITY
 WITH THE OMBUDSPERSON AT LEAST ANNUALLY.
   § 53. POWERS OF THE OMBUDSPERSON. 1. THE OMBUDSPERSON SHALL  HAVE  THE
 AUTHORITY  TO  HIRE AND RETAIN COUNSEL TO PROVIDE CONFIDENTIAL ADVICE OR
 TO REPRESENT THE OMBUDSPERSON IF THE ATTORNEY GENERAL HAS A CONFLICT  IN
 REPRESENTING THE OMBUDSPERSON IN ANY LITIGATION.
   2.  THE  OFFICE  OF  THE OMBUDSPERSON SHALL NOT BE LOCATED IN THE SAME
 BUILDING 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 NEEDED TO CARRY OUT ITS FUNCTIONS AND DUTIES.
   3.  THE  OMBUDSPERSON  MAY APPOINT SUCH ASSISTANTS, OFFICERS, INVESTI-
 GATORS, MONITORS, EMPLOYEES AND  CONSULTANTS  AS  THEY  SHALL  DETERMINE
 NECESSARY,  PRESCRIBE  THEIR DUTIES AND POWERS, PROVIDE THEM WITH APPRO-
 PRIATE TRAINING, FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF
 THEIR EXPENSES WITHIN THE AMOUNTS APPROPRIATED THEREFOR EXCEPT THAT  THE
 OMBUDSPERSON SHALL NOT HIRE ANY PERSON KNOWN TO BE DIRECTLY OR INDIRECT-
 LY  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 SUCH
 PERSON'S PRIOR WORK FOR A STATE, LOCAL OR FEDERAL  CORRECTIONAL  OR  LAW
 ENFORCEMENT  AGENCY.  THE  OMBUDSPERSON  MAY APPOINT A REPRESENTATIVE TO
 CARRY OUT ANY OF THEIR DUTIES UNDER THIS ARTICLE EXCEPT THAT THE  OMBUD-
 SPERSON MUST ATTEND MEETINGS WITH THE CORRECTIONAL OVERSIGHT BOARD.
   4.  THE  OMBUDSPERSON  MAY  CREATE,  ABOLISH, TRANSFER AND CONSOLIDATE
 BUREAUS AND OTHER UNITS WITHIN THE OFFICE AS THE OMBUDSPERSON MAY DETER-
 MINE NECESSARY FOR THE EFFICIENT OPERATION OF THE OFFICE, SUBJECT TO THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET.
   5. THE OMBUDSPERSON MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
 DIVISION, BUREAU, COMMISSION OR ANY OTHER AGENCY OF  THE  STATE  OR  ANY
 MUNICIPALITY  OR  POLITICAL  SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY
 SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY
 OUT ITS FUNCTIONS, POWERS AND DUTIES.
   6. THE OMBUDSPERSON  SHALL  BE  RESPONSIBLE  FOR  THE  CONTEMPORANEOUS
 PUBLIC OVERSIGHT OF INTERNAL AFFAIRS AND THE DISCIPLINARY PROCESS OF THE
 DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION.  THE OMBUDSPERSON
 SHALL HAVE DISCRETION TO PROVIDE OVERSIGHT OF  ANY  DEPARTMENT  INVESTI-
 GATION  RELATING TO THE WELL-BEING, TREATMENT, DISCIPLINE, SAFETY OR ANY
 OTHER MATTER CONCERNING INCARCERATED INDIVIDUALS OR PERSONS UNDER COMMU-
 NITY SUPERVISION AS NEEDED, INCLUDING PERSONNEL INVESTIGATIONS.
   7. THE OMBUDSPERSON MAY REVIEW SPECIFIC POLICIES, PRACTICES,  PROGRAMS
 AND  PROCEDURES  OF THE DEPARTMENT AND OF ALL LOCAL CORRECTIONAL FACILI-
 TIES THAT RAISE A SIGNIFICANT CORRECTIONAL ISSUE RELEVANT TO  THE  WELL-
 BEING, TREATMENT, DISCIPLINE, SAFETY, REHABILITATION OR ANY OTHER MATTER
 CONCERNING  INCARCERATED  INDIVIDUALS  OR PERSONS UNDER COMMUNITY SUPER-
 VISION. THE OMBUDSPERSON IS AUTHORIZED TO INSPECT, INVESTIGATE OR  EXAM-
 INE  ALL  ASPECTS  OF THE DEPARTMENT'S OPERATIONS AND CONDITIONS, AND OF
 SUCH OPERATIONS AND  CONDITIONS  OF  ANY  LOCAL  CORRECTIONAL  FACILITY,
 INCLUDING, BUT NOT LIMITED TO, STAFF RECRUITMENT, TRAINING, SUPERVISION,
 DISCIPLINE,  INCARCERATED  INDIVIDUALS DEATHS, MEDICAL AND MENTAL HEALTH
 A. 6322                             5
 
 CARE, USE OF FORCE,  INCARCERATED  INDIVIDUAL  VIOLENCE,  CONDITIONS  OF
 CONFINEMENT, INCARCERATED INDIVIDUALS DISCIPLINARY PROCESS, INCARCERATED
 INDIVIDUALS  GRIEVANCE  PROCESS, SUBSTANCE-ABUSE TREATMENT, EDUCATIONAL,
 VOCATIONAL  AND  OTHER  PROGRAMMING  AND  RE-ENTRY  PLANNING. DURING THE
 COURSE OF A REVIEW THE OMBUDSPERSON SHALL IDENTIFY  AREAS  OF  FULL  AND
 PARTIAL  COMPLIANCE  OR NONCOMPLIANCE WITH DEPARTMENTAL OR LOCAL CORREC-
 TIONAL FACILITY POLICIES AND PROCEDURES,  SPECIFY  DEFICIENCIES  IN  THE
 COMPLETION  AND  DOCUMENTATION  OF  PROCESSES  AND  RECOMMEND CORRECTIVE
 ACTIONS, INCLUDING, BUT NOT LIMITED TO, ADDITIONAL TRAINING,  ADDITIONAL
 POLICIES OR CHANGES IN POLICIES, AS WELL AS ANY OTHER FINDINGS OR RECOM-
 MENDATIONS THE OMBUDSPERSON DEEMS APPROPRIATE.
   8.  THE  OMBUDSPERSON  MAY  PLACE  SUCH  MEMBERS OF THEIR STAFF AS THE
 OMBUDSPERSON DEEMS APPROPRIATE AS MONITORS IN ANY CORRECTIONAL  FACILITY
 WHICH,  IN THE JUDGMENT OF THE OMBUDSPERSON, PRESENTS AN IMMINENT DANGER
 TO THE HEALTH, SAFETY OR SECURITY OF INCARCERATED INDIVIDUALS OR EMPLOY-
 EES OF SUCH CORRECTIONAL FACILITY OR THE PUBLIC.
   9. THE OMBUDSPERSON 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 OMBUDSPERSON 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 OMBUDSPERSON MAY ENTER INTO CONTRACTS WITH ANY  PERSON,  FIRM,
 CORPORATION, MUNICIPALITY, OR GOVERNMENTAL AGENCY.
   11.  THE  OMBUDSPERSON  SHALL  ADOPT,  AMEND OR RESCIND SUCH RULES AND
 REGULATIONS, IN ACCORDANCE WITH APPLICABLE STATE LAW, AS MAY  BE  NECES-
 SARY  OR  CONVENIENT  TO  THE  PERFORMANCE  OF THE FUNCTIONS, POWERS AND
 DUTIES OF THE OFFICE.
   12. THE OMBUDSPERSON 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 INCARCERATED INDIVIDUALS, STAFF, PEOPLE ON COMMU-
 NITY SUPERVISION OR OTHER INDIVIDUALS, THE OMBUDSPERSON 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 OMBUDSPERSON SHALL PREPARE A COMPLETE  WRIT-
 TEN  REPORT  WHICH SHALL BE DISCLOSED WITH THE UNDERLYING MATERIALS THAT
 THE OMBUDSPERSON DEEMS APPROPRIATE TO THE COMMISSIONER,  THE  REQUESTING
 ENTITY AND ANY APPROPRIATE LAW ENFORCEMENT AGENCY.
   14. (A) THE OMBUDSPERSON 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  OMBUDSPERSON  WHO  SHALL REVIEW SUCH CANDIDATES' QUALIFICATIONS AND
 EMPLOY CONFIDENTIAL PROCEDURES TO EVALUATE THE  QUALIFICATIONS  OF  EACH
 CANDIDATE  WITH  REGARD  TO THEIR ABILITY TO DISCHARGE THE DUTIES OF THE
 OFFICE TO WHICH THEY ARE BEING APPOINTED.  WITHIN  NINETY  DAYS  OF  THE
 SUBMISSION  OF A CANDIDATE'S NAME, THE OMBUDSPERSON SHALL CONFIDENTIALLY
 ADVISE THE COMMISSIONER AS TO WHETHER SUCH CANDIDATE IS  WELL-QUALIFIED,
 QUALIFIED  OR  NOT QUALIFIED AND THE REASONS THEREFOR AND MAY REPORT, IN
 CONFIDENCE, ANY OTHER INFORMATION THAT THE OMBUDSPERSON DEEMS  PERTINENT
 TO  THE QUALIFICATION OF THE CANDIDATE. THE OMBUDSPERSON 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  THE
 A. 6322                             6
 
 OMBUDSPERSON'S  REVIEW. ALL SUCH INFORMATION SHALL BE PRIVILEGED AND NOT
 SUBJECT TO DISCLOSURE.
   (B) IF THE COMMISSIONER APPOINTS A SUPERINTENDENT WHO THE OMBUDSPERSON
 FOUND WAS NOT QUALIFIED, THE OMBUDSPERSON SHALL MAKE PUBLIC THAT FINDING
 AFTER  DUE NOTICE TO THE APPOINTEE. ANY CANDIDATE FOUND TO BE NOT QUALI-
 FIED BY THE OMBUDSPERSON SHALL HAVE THE RIGHT TO WITHDRAW FROM CONSIDER-
 ATION BEFORE THE OMBUDSPERSON MAKES SUCH PUBLIC FINDING AND IN THAT CASE
 THE FINDING SHALL NOT BE PUBLISHED.   SUCH  NOTICE  AND  PUBLIC  FINDING
 SHALL  NOT CONSTITUTE A WAIVER OF PRIVILEGE OR BREACH OF CONFIDENTIALITY
 CONCERNING THE OMBUDSPERSON'S REVIEW OF THE  APPOINTEE'S  QUALIFICATIONS
 PURSUANT TO THIS SECTION.
   15.  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, THE OMBUDSPERSON SHALL
 PERIODICALLY, BUT NOT LESS THAN EVERY THREE YEARS,  CONDUCT  INSPECTIONS
 OF  EACH  STATE  AND  LOCAL CORRECTIONAL FACILITY AND SHALL PERIODICALLY
 REVIEW DELIVERY OF MEDICAL AND MENTAL HEALTH CARE AT  EACH  CORRECTIONAL
 FACILITY.  THE  OMBUDSPERSON SHALL ISSUE A PUBLIC REPORT ON EACH CORREC-
 TIONAL FACILITY AT LEAST EVERY THREE YEARS.  THE OMBUDSPERSON  NEED  NOT
 NOTIFY THE DEPARTMENT OR ANY LOCAL CORRECTIONAL FACILITY BEFORE COMMENC-
 ING 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 OMBUDSPERSON
 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 AND OF ANY LOCAL CORRECTIONAL FACILITY.  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 EXAMINATION AND REPRODUCTION THEREOF, CONSISTENT
 WITH THE PROVISIONS OF THIS ARTICLE, UPON THE REQUEST OF THE  OMBUDSPER-
 SON OR THE OMBUDSPERSON'S DESIGNEE. ACCESS, EXAMINATION AND REPRODUCTION
 CONSISTENT  WITH  THE  PROVISION OF THIS SECTION SHALL NOT RESULT IN THE
 WAIVER OF ANY CONFIDENTIALITY OR  PRIVILEGE  REGARDING  ANY  RECORDS  OR
 PROPERTY.
   18.  THE  OMBUDSPERSON  MAY  REQUIRE  ANY  STATE,  COUNTY OR MUNICIPAL
 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 THEIR EMPLOYMENT FOR THE PURPOSES OF ATTENDING  SUCH  AN  INTERVIEW
 AND  MAY BE ACCOMPANIED BY COUNSEL ACTING ON SUCH EMPLOYEE'S BEHALF. THE
 OMBUDSPERSON MAY ALSO CONDUCT A CONFIDENTIAL INTERVIEW OF ANY  INCARCER-
 ATED INDIVIDUAL OR OTHER PERSON UPON CONSENT.
   19.  THE OMBUDSPERSON MAY ENTER ANYWHERE ON THE GROUNDS OF ANY DEPART-
 MENT FACILITY OR OFFICE OR LOCAL CORRECTIONAL FACILITY 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.
 A. 6322                             7

   20. THE OMBUDSPERSON MAY CAUSE THE BODY  OF  A  DECEASED  INCARCERATED
 INDIVIDUAL  TO  UNDERGO SUCH EXAMINATIONS, INCLUDING AN AUTOPSY, AS SUCH
 OMBUDSPERSON DEEMS NECESSARY TO DETERMINE THE CAUSE OF DEATH,  IRRESPEC-
 TIVE  OF  WHETHER ANY SUCH EXAMINATION OR AUTOPSY SHALL HAVE BEEN PREVI-
 OUSLY PERFORMED.
   21.  (A)  IN  THE  EXERCISE  OF  ITS FUNCTIONS, POWERS AND DUTIES, THE
 OMBUDSPERSON 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 THEIR RIGHTS SUBJECT TO REASONABLE  LIMI-
 TATIONS  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  INCARCERATED  INDIVIDUAL  OF  A  CORRECTIONAL
 FACILITY,  REGARDLESS  OF  WHETHER SUCH MEDICAL RECORDS WERE MADE DURING
 THE COURSE OF THE INCARCERATED INDIVIDUAL'S INCARCERATION.
   (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 OMBUDSPERSON 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  OMBUDSPERSON  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
 CORRESPONDENCE 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 OMBUDSPERSON MAY HOLD PUBLIC HEARINGS.
   § 54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF  THE  OFFICE  OF  THE
 OMBUDSPERSON. 1. THE OFFICE MAY RECEIVE COMMUNICATIONS FROM ANY INDIVID-
 UAL  WHO  BELIEVES  THEY MAY HAVE INFORMATION THAT MAY DESCRIBE IMPROPER
 GOVERNMENTAL ACTIVITIES OR WRONGDOING WITHIN THE DEPARTMENT OR ANY STATE
 OR LOCAL CORRECTIONAL FACILITY. INCARCERATED INDIVIDUAL MAIL TO AND FROM
 THE OMBUDSPERSON 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 OMBUDPERSON SHALL ESTABLISH A TOLL-FREE TELEPHONE  NUMBER  FOR
 THE  PURPOSE OF IDENTIFYING ANY ALLEGED WRONGDOING BY AN EMPLOYEE OF THE
 DEPARTMENT OR OF ANY LOCAL CORRECTIONAL FACILITY.  THIS TELEPHONE NUMBER
 SHALL BE POSTED BY THE DEPARTMENT AND BY LOCAL  CORRECTIONAL  FACILITIES
 IN CLEAR VIEW OF EMPLOYEES, INCARCERATED INDIVIDUALS AND THE PUBLIC, AND
 INCARCERATED  INDIVIDUALS  SHALL BE PERMITTED TO CALL SUCH NUMBER DURING
 NORMAL HOURS FOR TELEPHONE USAGE OR WITHIN TWENTY-FOUR HOURS  OF  ADMIS-
 SION  TO  A SPECIAL HOUSING UNIT OR OTHER UNIT WITH RESTRICTED TELEPHONE
 ACCESS. TELEPHONE CALLS MADE TO SUCH TOLL-FREE NUMBER FROM A CORRECTION-
 AL FACILITY SHALL NOT BE RECORDED BY THE  DEPARTMENT  OR  BY  THE  LOCAL
 CORRECTIONAL FACILITY AND ARE PROTECTED CONFIDENTIAL COMMUNICATIONS. THE
 OMBUDSPERSON  SHALL  ALSO  MAINTAIN A WEBSITE WITH A COMPLAINT FORM THAT
 A. 6322                             8
 
 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 OMBUDSPERSON SHALL INITIATE A REVIEW OF ANY SUCH  ALLEGED
 WRONGDOING  WHICH MAY RESULT IN AN INVESTIGATION OF THE ALLEGED WRONGDO-
 ING AT THE OMBUDSPERSON'S DISCRETION.
   (B) AT THE CONCLUSION OF AN INVESTIGATION OF A COMPLAINT,  THE  OMBUD-
 SPERSON  SHALL  REPORT  THEIR FINDINGS TO THE COMPLAINANT AND ANY PERSON
 DESIGNATED TO RECEIVE SUCH FINDINGS BY THE COMPLAINANT.  IF  THE  OMBUD-
 SPERSON  DOES NOT INVESTIGATE A COMPLAINT, THE OMBUDSPERSON 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  OMBUDSPERSON  SHALL
 REPORT  THEIR FINDINGS TO THE COMPLAINANT'S NEXT OF KIN WHEN SUCH PERSON
 IS KNOWN TO THE OMBUDSPERSON OR TO THE DEPARTMENT OR LOCAL  CORRECTIONAL
 FACILITY.
   (C) THE OMBUDSPERSON MAY ACT INFORMALLY TO RESOLVE A COMPLAINT INCLUD-
 ING PROVIDING REFERRALS OR INFORMATION TO COMPLAINANTS, EXPEDITING INDI-
 VIDUAL 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 OMBUDSPERSON BELIEVES THAT  AN  ALLEGATION  OF  CRIMINAL
 MISCONDUCT HAS BEEN MADE BY A COMPLAINANT, THE OMBUDSPERSON SHALL REPORT
 SUCH ALLEGATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.
   2.  UPON  RECEIVING  A  COMPLAINT OF RETALIATION FOR COMPLAINING TO OR
 COOPERATING WITH THE OMBUDSPERSON, THE OMBUDSPERSON  SHALL  COMMENCE  AN
 INQUIRY  INTO  THE COMPLAINT AND CONDUCT A FORMAL INVESTIGATION.  SHOULD
 THE OMBUDSPERSON FIND THAT A COMPLAINT OF RETALIATION IS  FOUNDED  AS  A
 RESULT OF AN INVESTIGATION, THE OMBUDSPERSON SHALL SO NOTIFY THE DEPART-
 MENT OR LOCAL CORRECTIONAL FACILITY AND MAKE RECOMMENDATIONS FOR CORREC-
 TIVE  ACTION TO BE TAKEN BY THE DEPARTMENT OR LOCAL CORRECTIONAL FACILI-
 TY. THE OMBUDSPERSON 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 OR LOCAL CORRECTIONAL  FACILITY  OF  ALL  UNUSUAL  AND
 SIGNIFICANT  INCIDENCES  INCLUDING,  BUT NOT LIMITED TO, RIOTS OR FIGHTS
 INVOLVING MULTIPLE COMBATANTS, USE OF  FORCE,  INCARCERATED  INDIVIDUALS
 DEATHS,  SERIOUS PHYSICAL ASSAULTS ON EMPLOYEES OR INCARCERATED INDIVID-
 UALS, WORK STOPPAGES AND ESCAPES AND SHALL BE GIVEN  MONTHLY  AGGREGATED
 REPORTS  OF UNUSUAL INCIDENTS AND INCARCERATED INDIVIDUALS GRIEVANCES BY
 THE DEPARTMENT AND EACH LOCAL CORRECTIONAL FACILITY.   EMPLOYEES OF  THE
 OFFICE  SHALL  BE  PERMITTED  TO  BE  PRESENT IN ANY DEPARTMENT INTERNAL
 INVESTIGATION OR INQUIRY IN ANY CORRECTIONAL FACILITY.  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 OMBUDSPERSON SHALL ANNUALLY PREPARE  A  PUBLIC  REPORT  AND
 SUMMARY  OF  ALL INVESTIGATIONS AND REVIEWS, INCLUDING A LIST OF SIGNIF-
 ICANT PROBLEMS DISCOVERED BY THE OFFICE, WHETHER OR NOT THE  RECOMMENDA-
 TIONS  MADE  BY  THE  OFFICE  HAVE  BEEN  IMPLEMENTED, AND A LIST OF THE
 OFFICE'S HIGH PRIORITIES FOR THE FOLLOWING YEAR. THE OMBUDSPERSON  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
 A. 6322                             9
 
 YEAR. SUCH REPORT SHALL BE POSTED IN ELECTRONIC  FORM  ON  THE  OFFICE'S
 PUBLIC WEBSITE.  THE OMBUDSPERSON 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 INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY, THE
 OMBUDSPERSON SHALL SUBMIT ITS REPORT THEREON TO THE GOVERNOR, THE SPEAK-
 ER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  CHAIR-
 PERSON  OF  THE  ASSEMBLY  CORRECTION  COMMITTEE, THE CHAIRPERSON OF THE
 SENATE CRIME AND CORRECTION COMMITTEE, AND THE COMMISSIONER, AND,  WHERE
 APPROPRIATE,  MAKE  RECOMMENDATIONS  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 OMBUDSPERSON 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 INCARCERATED INDIVIDUALS OF CORREC-
 TIONAL FACILITIES AND, WHERE APPROPRIATE, RECOMMEND SUCH CHANGES  AS  IT
 SHALL  DEEM NECESSARY 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 OMBUDSPERSON SHALL NOT DISCLOSE INFORMA-
 TION WHERE PROHIBITED BY LAW.
   §  55.  ADDITIONAL  DUTIES  OF  THE  DEPARTMENT AND LOCAL CORRECTIONAL
 FACILITIES.  1. STATE, COUNTY, OR MUNICIPAL EMPLOYEES OPERATING WITHIN A
 CORRECTIONAL FACILITY MUST COOPERATE FULLY AND PROMPTLY WITH THE  OMBUD-
 SPERSON.
   2.  THE  DEPARTMENT  OR  LOCAL  CORRECTIONAL FACILITY SHALL RESPOND IN
 WRITING TO ANY RECOMMENDATIONS MADE BY THE OMBUDSPERSON OR THEIR  DESIG-
 NEE  WITHIN FORTY-FIVE DAYS AND SHALL STATE WITH SPECIFICITY ITS REASONS
 FOR FAILING TO ACT ON ANY SUCH RECOMMENDATION. SUCH  WRITINGS  SHALL  BE
 MADE  PUBLIC  BY  THE  OMBUDSPERSON  EXCEPT THAT INFORMATION WHICH WOULD
 REVEAL CONFIDENTIAL MATERIAL THAT MAY NOT BE RELEASED PURSUANT TO FEDER-
 AL OR STATE LAW SHALL BE REACTED  BY  THE  OMBUDSPERSON  FROM  ANY  SUCH
 REPORT OR RECOMMENDATION.
   3.  THE  COMMISSIONER  OR  ANY SHERIFF SHALL IMMEDIATELY REPORT TO THE
 OMBUDSPERSON THE DEATH OF AN INCARCERATED INDIVIDUAL OF ANY SUCH FACILI-
 TY IN SUCH MANNER AND FORM AS THE OMBUDSPERSON SHALL PRESCRIBE AND SHALL
 PROVIDE THE OMBUDSPERSON WITH AN AUTOPSY REPORT WHEN AVAILABLE.
   § 56. OBSTRUCTING AN INVESTIGATION BY THE  CORRECTIONAL  OMBUDSPERSON.
 A  PERSON  IS GUILTY OF OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL
 OMBUDSPERSON WHEN, WITH INTENT TO  OBSTRUCT  OR  IMPEDE  AN  INQUIRY  OR
 INVESTIGATION  BY  THE  CORRECTIONAL  OMBUDSPERSON APPOINTED PURSUANT TO
 SECTION FIFTY-THREE OR FIFTY-FOUR OF THIS ARTICLE, SUCH PERSON KNOWINGLY
 DESTROYS OR KNOWINGLY FAILS TO PERMIT  ACCESS  TO,  EXAMINATION  OF,  OR
 REPRODUCTION  BY  THE  OFFICE  OF SUCH CORRECTIONAL OMBUDSPERSON, 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 MEAS-
 URE,  MONEY,  PROPERTY  OR  ANY  OTHER  RECORD  OF  THE  DEPARTMENT   OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION  OR  OF  ANY LOCAL CORRECTIONAL
 FACILITY LAWFULLY REQUESTED BY SUCH CORRECTIONAL OMBUDSPERSON. OBSTRUCT-
 ING AN INVESTIGATION BY THE  CORRECTIONAL  OMBUDSPERSON  IS  A  CLASS  A
 MISDEMEANOR.
 A. 6322                            10
 
   §  2.  Section  2  of  the correction law is amended by adding two new
 subdivisions 35 and 36 to read as follows:
   35. "OFFICE" MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSPERSON.
   36. "OMBUDSPERSON" MEANS THE COMMISSIONER OF THE OFFICE OF THE CORREC-
 TIONAL OMBUDSPERSON.
   §  3.   Section 47 of the correction law, as amended by chapter 322 of
 the laws of 2021, 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 incarcerated individual of a LOCAL correctional facility.
   (b)  Visit  and  inspect  any  LOCAL  correctional facility wherein an
 incarcerated individual 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 incarcerated individual IN A LOCAL CORRECTION FACILITY,
 the board shall submit its report thereon to the  commission  [and  to],
 THE  governor,  the [chairman] SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
 PRESIDENT OF THE SENATE, THE CHAIRPERSON of the  assembly  committee  on
 correction  and  the  [chairman]  CHAIRPERSON of the senate committee on
 crime victims, crime and correction and, where appropriate, make  recom-
 mendations  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] SPEAKER OF THE ASSEMBLY
 AND THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRPERSON of the assem-
 bly committee on correction and the [chairman] CHAIRPERSON 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 incarcerated individuals of
 LOCAL correctional  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  incarcerated
 individual whose death takes place during custody in a state correction-
 al  facility  regarding  the circumstances surrounding the death of such
 incarcerated individual. 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
 incarcerated individual to the department.
   2.  Every  administrator  of a LOCAL correctional facility shall imme-
 diately report to the board the death of an incarcerated  individual  of
 any  such facility in such manner and form as the board shall prescribe,
 together with an autopsy report.
   § 4. Section 89-a of the correction law, as amended by chapter 409  of
 the laws of 1991, subdivision 1 as amended by chapter 322 of the laws of
 2021, 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 incarcerated individuals housed therein shall  be
 A. 6322                            11
 
 as  directed  by  the  commissioner  consistent with the following:   an
 alternate correctional facility shall be operated pursuant to rules  and
 regulations  promulgated  for  such  facilities  by  the commissioner in
 consultation  with  the  [state  commission of correction] OFFICE OF THE
 CORRECTIONAL OMBUDSPERSON 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 incarcerated individuals.  Nothing herein, however, shall
 preclude the commissioner from  enhancing  staffing  or  programming  to
 accommodate  the  particular  needs of eligible incarcerated individuals
 pursuant to the operation agreement. No incarcerated individual 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 facil-
 ity shall not exceed its design capacity of approximately seven  hundred
 eligible incarcerated individuals except pursuant to variances permitted
 by law, rule or regulation 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 OMBUDSPERSON  shall  transmit,  in  a  timely
 manner,  notice  of  such  request to the [chairmen] CHAIRPERSONS of the
 senate crime  and  correction  committee  and  the  assembly  correction
 committee.
   §  5.  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 OMBUDSPERSON, the [chairman] CHAIRPERSON 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 presi-
 dent of the Correctional Association of New York or their designees. The
 governor shall appoint  a  [chairman]  CHAIRPERSON  and  [vice-chairman]
 VICE-CHAIRPERSON from among the members.
   § 6 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 OMBUDSPERSON 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]
 A. 6322                            12
 
 CHAIRPERSON  of  the  senate  crime  and  correction  committee, and the
 [chairman] CHAIRPERSON of the assembly committee on correction no  later
 than the first day of June of each year.
   § 7. Subdivision 1 of section 112 of the correction law, as amended by
 chapter 322 of the laws of 2021, 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  incarcerated  individuals
 confined therein, and of all matters relating to the government,  disci-
 pline,  policing, contracts and fiscal concerns thereof. [He or she] THE
 COMMISSIONER shall have the power and it  shall  be  [his  or  her]  THE
 COMMISSIONER'S  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 OMBUDSPERSON FOR INVESTIGATION, AS WELL AS REPORT TO
 SUCH OFFICE ON OTHER CORRECTIONAL ISSUES, INCLUDING, BUT NOT LIMITED TO,
 STAFF RECRUITMENT, TRAINING, SUPERVISION, DISCIPLINE, INCARCERATED INDI-
 VIDUAL DEATHS, MEDICAL AND MENTAL HEALTH CARE, USE OF FORCE, INCARCERAT-
 ED INDIVIDUAL VIOLENCE, CONDITIONS OF CONFINEMENT, INCARCERATED INDIVID-
 UAL DISCIPLINARY PROCESS,  INCARCERATED  INDIVIDUAL  GRIEVANCE  PROCESS,
 SUBSTANCE-ABUSE TREATMENT, EDUCATIONAL, VOCATIONAL AND OTHER PROGRAMMING
 AND  RE-ENTRY  PLANNING.    [He or she] THE COMMISSIONER 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] THE COMMISSIONER 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]  THE  COMMISSIONER  shall  also
 prescribe  a  system  of accounts and records to be kept at each correc-
 tional facility, which system shall be uniform at all  of  said  facili-
 ties,  and  [he or she] THE COMMISSIONER shall also make rules and regu-
 lations for a record of photographs and other means of identifying  each
 incarcerated  individual  received into said facilities. [He or she] THE
 COMMISSIONER shall appoint and remove, subject to the civil service law,
 subordinate officers and other  employees  of  the  department  who  are
 assigned to correctional facilities.
   § 8. 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 OMBUDSPER-
 SON, MEMBERS OF THE CORRECTIONAL OVERSIGHT BOARD, members of the  legis-
 lature  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]  CLER-
 GYMEMBER  or  minister,  as such terms are defined in section two of the
 religious corporations law, having charge of a congregation in the coun-
 ty wherein any such facility is situated. No other person not  otherwise
 authorized  by  law  shall be permitted to enter a correctional facility
 A. 6322                            13
 
 except by authority of the commissioner of correction under  such  regu-
 lations as the commissioner shall prescribe.
   §  9.  The  closing paragraph of section 853 of the correction law, as
 added by chapter 757 of the laws of 1981, is amended to read as follows:
   The  department  shall  also  forward  to  the  [state  commission  of
 correction]  OFFICE  OF  THE CORRECTIONAL OMBUDSPERSON 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.
   §  10.  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  OMBUDSPERSON  shall  evaluate  and assess the administration and
 operation of all temporary release programs conducted pursuant  to  this
 article  and  shall  submit to the governor and the legislature by March
 first, [nineteen hundred seventy-eight] TWO THOUSAND  TWENTY-EIGHT,  its
 findings  together  with  any recommendations with respect to the proper
 operation or the improvement of such temporary release programs.
   § 11. 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  OMBUDSPERSON  any
 complaint  [he  or  she]  SUCH  PERSON  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]  OMBUDSPERSON  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.
   §  12.  Subdivision  6 of section 677 of the county law, as amended by
 chapter 322 of the laws of 2021, 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]  CHAIRPERSON  of  the
 correction medical review board OR THE COMMISSIONER OF THE OFFICE OF THE
 CORRECTIONAL OMBUDSPERSON and the commissioner of corrections and commu-
 nity  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 incarcerated individ-
 ual  of  a  correctional  facility  as  defined  by subdivision three of
 section forty of the correction law within [his or  her]  THEIR  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] SUCH SERVICE RECIPIENT was a resident in any
 facility  operated,  licensed  or  certified  by  any  agency within the
 department  of  mental  hygiene,  the  office  of  children  and  family
 services, the department 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 agen-
 cy with the coroner or medical examiner, such report shall  be  promptly
 A. 6322                            14
 
 provided  to the [chairman] CHAIRPERSON of the correction medical review
 board, THE COMMISSIONER OF THE OFFICE OF THE CORRECTIONAL  OMBUDSPERSON,
 the  commissioner of corrections and community supervision or the execu-
 tive  director  of  the justice center for people with special needs, as
 appropriate, by such person, partnership,  corporation  or  governmental
 agency.
   §  13. Section 2.10 of the criminal procedure law is amended by adding
 a new subdivision 88 to read as follows:
   88. INVESTIGATORS OF THE OFFICE OF THE CORRECTIONAL OMBUDSPERSON.
   § 14. Subdivision 2 of section 285 of the education law, as amended by
 chapter 322 of the laws of 2021, 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 incarcerated individual popu-
 lation 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 incarcerated indi-
 viduals served by the county jail facility to the total number of incar-
 cerated  individuals 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.  Incarcerated individual
 populations shall be certified by the  [New  York  state  commission  of
 correction]  OFFICE  OF  THE CORRECTIONAL OMBUDSPERSON. The commissioner
 shall adopt any regulations necessary to  carry  out  the  purposes  and
 provisions of this subdivision.
   §  15.  Section  63  of  the  executive law is amended by adding a new
 subdivision 18 to read as follows:
   18. INVESTIGATE THE ALLEGED COMMISSION  OF  ANY  CRIMINAL  OFFENSE  OR
 OFFENSES  COMMITTED  BY AN EMPLOYEE OF THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY  SUPERVISION  OR  OF  ANY  LOCAL  CORRECTIONAL   FACILITY   IN
 CONNECTION  WITH THE PERFORMANCE OF THEIR OFFICIAL DUTIES, AND PROSECUTE
 ANY SUCH PERSON OR PERSONS BELIEVED  TO  HAVE  COMMITTED  SUCH  CRIMINAL
 OFFENSE OR OFFENSES IN CONNECTION WITH THE PERFORMANCE OF THEIR 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  PROSECUTE  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 THEIR DEPU-
 TY 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.
   § 16. 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  OMBUDSPERSON,  commissioner  of
 education,  commissioner  of  health,  commissioner  of  mental  health,
 commissioner of developmental disabilities, commissioner of children and
 family services, commissioner of temporary  and  disability  assistance,
 chancellor  of  the state university of New York, commissioner of trans-
 A. 6322                            15
 
 portation, 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;
   § 17. 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 OMBUDSPERSON and the municipal police training coun-
 cil, establish  and  maintain  basic  and  other  correctional  training
 programs  for  such personnel employed by correctional facilities as the
 commissioner 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 OMBUD-
 SPERSON, exempt from such requirement personnel employed by any  correc-
 tional  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] THE COMMISSIONER'S opinion
 the  standards  of the basic correctional training program maintained by
 such facility are lower than those established pursuant to this article.
   § 18. Subdivision (c) of section 33.13 of the mental  hygiene  law  is
 amended by adding a new paragraph 19 to read as follows:
   19. TO THE OFFICE OF THE CORRECTIONAL OMBUDSPERSON.
   §  19.  Subdivision  1  of  section  2782  of the public health law is
 amended by adding a new paragraph (t) to read as follows:
   (T) AN EMPLOYEE OR AGENT OF THE OFFICE OF THE CORRECTIONAL  OMBUDSPER-
 SON 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.
   § 20. 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
 A. 6322                            16
 
 OR THE OFFICE OF THE CORRECTIONAL OMBUDSPERSON where disclosure is  made
 pursuant  to  paragraphs  (n)  [and],  (o), OR (T) of subdivision one of
 section twenty-seven hundred eighty-two of this article.
   §  21.  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 OMBUDSPERSON,  the  temporary  state  commission  of
 investigation,  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  function  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-seven, eight hundred thirty-seven-a,  eight  hundred  thirty-sev-
 en-b,  eight  hundred  thirty-seven-c, eight hundred thirty-eight, eight
 hundred thirty-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.
   § 22. 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  OMBUDSPERSON  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-
 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.
   § 23. This act shall take effect one year after it shall have become a
 law.