Legislation
SECTION 42
Citizen's policy and complaint review council; organization; functions, powers and duties
Correction (COR) CHAPTER 43, ARTICLE 3
§ 42. Citizen's policy and complaint review council; organization;
functions, powers and duties. (a) 1. There shall be within the
commission a citizen's policy and complaint review council. It shall
consist of nine persons, six of whom shall be appointed by the governor,
by and with the advice and consent of the senate. One person so
appointed shall have served in the armed forces of the United States in
any foreign war, conflict or military occupation, who (i) was discharged
therefrom under other than dishonorable conditions, or (ii) has a
qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (iii) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or shall be a duly licensed mental health professional who has
professional experience or training with regard to post-traumatic stress
syndrome. One person so appointed shall be an attorney admitted to
practice in this state. One person so appointed shall be a former
incarcerated individual of a correctional facility. One person so
appointed shall be a former correction officer. One person so appointed
shall be a former resident of a division for youth secure center or a
health care professional duly licensed to practice in this state. One
person so appointed shall be a former employee of the office of children
and family services who has directly supervised youth in a secure
residential center operated by such office. In addition, the part-time
commission members appointed shall serve on the council. Lastly, the
governor shall designate one of the full-time members other than the
chair of the commission as chair of the council to serve as such at the
pleasure of the governor.
2. The six appointed members of the council shall hold office for five
years. Any appointed member of the council may be removed by the
governor for cause after an opportunity to be heard in their defense.
3. Any member chosen to fill in a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by the expiration of term or
otherwise shall be filled in the same manner as original appointments.
4. The members of the council other than the commission members shall
receive no compensation for their services but each member other than
the commission members shall be entitled to receive actual and necessary
expenses incurred in the performance of council duties.
5. No appointed member of the council shall qualify or enter upon the
duties of office, or remain therein, while an officer or employee of the
department of corrections and community supervision or any correctional
facility or is in a position to exercise administrative supervision over
any correctional facility. The council shall have such staff as shall be
necessary to assist it in the performance of its duties within the
amount of the appropriation therefor as determined by the chair of the
commission.
6. Notwithstanding any provision of this section to the contrary, any
member of the council serving on the effective date of this paragraph
may continue to serve until such member resigns, is removed, or
otherwise vacates such office.
2. The nine appointed members of the council shall hold office for
five years; provided that of the seven members first appointed, two
shall be appointed for a term of one year, two shall be appointed for a
term of two years, one shall be appointed for a term of three years, one
shall be appointed for a term of four years and one shall be appointed
for a term of five years from January first next succeeding their
appointment. Any appointed member of the council may be removed by the
governor for cause after an opportunity to be heard in his defense.
3. Any member chosen to fill in a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by the expiration of term or
otherwise shall be filled in the same manner as original appointments.
4. The members of the council other than the chair shall receive no
compensation for their services but each member other than the chair
shall be entitled to receive actual and necessary expenses incurred in
the performance of council duties.
5. No appointed member of the council shall qualify or enter upon the
duties of office, or remain therein, while an officer or employee of the
department of corrections and community supervision or any correctional
facility or is in a position to exercise administrative supervision over
any correctional facility. The council shall have such staff as shall be
necessary to assist it in the performance of its duties within the
amount of the appropriation therefor as determined by the chair of the
commission.
(b) The council and each member thereof shall have the following
functions, powers and duties:
1. To investigate, review or take such other action as shall be deemed
necessary or proper with respect to complaints or grievances regarding
any local correctional facility or part thereof as shall be called to
its attention in writing.
2. To have access, at any and all times, to any local correctional
facility or part thereof and to all books, records, and data pertaining
to any local correctional facility which are deemed necessary for
carrying out the council's functions, powers and duties.
3. To obtain from administrators, officers or employees of any local
correctional facility any information deemed necessary for the purpose
of carrying out its functions, powers and duties.
4. To request and receive temporary office space in any local
correctional facility for the purpose of carrying out its functions,
powers and duties.
5. To report periodically to the commission and, where appropriate, to
make such recommendations as are necessary to fulfill the purposes of
this article to the commission and to the administrator of any local
correctional facility.
(c) In addition to the functions, powers and duties prescribed by
subdivision (b) of this section, the council shall
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
officials to improve conditions of care, treatment, safety, supervision,
rehabilitation, recreation, training and education in correctional
facilities. Such advice and assistance shall minimally consist of an
annual report of the council to the commission;
2. Foster and promote research and study in areas of correctional
policy and program development deemed necessary or desirable by the
commission or the council;
3. Meet at least once per calendar month at a time and place
designated by the chair of the council.
functions, powers and duties. (a) 1. There shall be within the
commission a citizen's policy and complaint review council. It shall
consist of nine persons, six of whom shall be appointed by the governor,
by and with the advice and consent of the senate. One person so
appointed shall have served in the armed forces of the United States in
any foreign war, conflict or military occupation, who (i) was discharged
therefrom under other than dishonorable conditions, or (ii) has a
qualifying condition, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, or (iii) is a discharged LGBT veteran,
as defined in section one of the veterans' services law, and has
received a discharge other than bad conduct or dishonorable from such
service, or shall be a duly licensed mental health professional who has
professional experience or training with regard to post-traumatic stress
syndrome. One person so appointed shall be an attorney admitted to
practice in this state. One person so appointed shall be a former
incarcerated individual of a correctional facility. One person so
appointed shall be a former correction officer. One person so appointed
shall be a former resident of a division for youth secure center or a
health care professional duly licensed to practice in this state. One
person so appointed shall be a former employee of the office of children
and family services who has directly supervised youth in a secure
residential center operated by such office. In addition, the part-time
commission members appointed shall serve on the council. Lastly, the
governor shall designate one of the full-time members other than the
chair of the commission as chair of the council to serve as such at the
pleasure of the governor.
2. The six appointed members of the council shall hold office for five
years. Any appointed member of the council may be removed by the
governor for cause after an opportunity to be heard in their defense.
3. Any member chosen to fill in a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by the expiration of term or
otherwise shall be filled in the same manner as original appointments.
4. The members of the council other than the commission members shall
receive no compensation for their services but each member other than
the commission members shall be entitled to receive actual and necessary
expenses incurred in the performance of council duties.
5. No appointed member of the council shall qualify or enter upon the
duties of office, or remain therein, while an officer or employee of the
department of corrections and community supervision or any correctional
facility or is in a position to exercise administrative supervision over
any correctional facility. The council shall have such staff as shall be
necessary to assist it in the performance of its duties within the
amount of the appropriation therefor as determined by the chair of the
commission.
6. Notwithstanding any provision of this section to the contrary, any
member of the council serving on the effective date of this paragraph
may continue to serve until such member resigns, is removed, or
otherwise vacates such office.
2. The nine appointed members of the council shall hold office for
five years; provided that of the seven members first appointed, two
shall be appointed for a term of one year, two shall be appointed for a
term of two years, one shall be appointed for a term of three years, one
shall be appointed for a term of four years and one shall be appointed
for a term of five years from January first next succeeding their
appointment. Any appointed member of the council may be removed by the
governor for cause after an opportunity to be heard in his defense.
3. Any member chosen to fill in a vacancy created other than by
expiration of term shall be appointed for the unexpired term of the
succeeded member. Vacancies caused by the expiration of term or
otherwise shall be filled in the same manner as original appointments.
4. The members of the council other than the chair shall receive no
compensation for their services but each member other than the chair
shall be entitled to receive actual and necessary expenses incurred in
the performance of council duties.
5. No appointed member of the council shall qualify or enter upon the
duties of office, or remain therein, while an officer or employee of the
department of corrections and community supervision or any correctional
facility or is in a position to exercise administrative supervision over
any correctional facility. The council shall have such staff as shall be
necessary to assist it in the performance of its duties within the
amount of the appropriation therefor as determined by the chair of the
commission.
(b) The council and each member thereof shall have the following
functions, powers and duties:
1. To investigate, review or take such other action as shall be deemed
necessary or proper with respect to complaints or grievances regarding
any local correctional facility or part thereof as shall be called to
its attention in writing.
2. To have access, at any and all times, to any local correctional
facility or part thereof and to all books, records, and data pertaining
to any local correctional facility which are deemed necessary for
carrying out the council's functions, powers and duties.
3. To obtain from administrators, officers or employees of any local
correctional facility any information deemed necessary for the purpose
of carrying out its functions, powers and duties.
4. To request and receive temporary office space in any local
correctional facility for the purpose of carrying out its functions,
powers and duties.
5. To report periodically to the commission and, where appropriate, to
make such recommendations as are necessary to fulfill the purposes of
this article to the commission and to the administrator of any local
correctional facility.
(c) In addition to the functions, powers and duties prescribed by
subdivision (b) of this section, the council shall
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
officials to improve conditions of care, treatment, safety, supervision,
rehabilitation, recreation, training and education in correctional
facilities. Such advice and assistance shall minimally consist of an
annual report of the council to the commission;
2. Foster and promote research and study in areas of correctional
policy and program development deemed necessary or desirable by the
commission or the council;
3. Meet at least once per calendar month at a time and place
designated by the chair of the council.