§ 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 to 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 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 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
member whom he is to succeed. 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 chairman shall receive no
compensation for their services but each member other than the chairman
shall be entitled to receive his or her actual and necessary expenses
incurred in the performance of his or her duties.

5. No appointed member of the council shall qualify or enter upon the
duties of his office, or remain therein, while he is an officer or
employee of the department of corrections and community supervision or
any correctional facility or is in a position where he exercises
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 chairman 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;

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 chairman of the council.