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This entry was published on 2023-08-25
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Functions, powers and duties of the commission
Correction (COR) CHAPTER 43, ARTICLE 3
§ 45. Functions, powers and duties of the commission. The commission
shall have the following functions, powers and duties:

1. Advise and assist the governor in developing policies, plans and
programs for improving the administration of correctional facilities and
the delivery of services therein.

2. Make recommendations to administrators of correctional facilities
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 correctional facilities consistent with a schedule determined 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 incarcerated individuals, sanitary
conditions, rehabilitative programs, disturbance and fire prevention and
control preparedness, and adherence to laws and regulations governing
the rights of incarcerated individuals.

4. Establish procedures to assure effective investigation of
grievances of, and conditions affecting, incarcerated individuals of
local correctional facilities. 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 supervision.

5. Ascertain and recommend such system of employing incarcerated
individuals of correctional facilities as may, in the opinion of said
commission, be for the best interest of the public and of said
incarcerated individuals and not in conflict with the provisions of the
constitution or laws of the state relating to the employment of
incarcerated individuals.

6. Promulgate rules and regulations establishing minimum standards for
the review of the construction or improvement of correctional facilities
and the care, custody, correction, treatment, supervision, discipline,
and other correctional programs for all persons confined in 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.

6-a. Promulgate rules and regulations to assure that persons in
custody in local correctional facilities, including persons awaiting
arraignment, are furnished or have access to the type of food required
by their religious dietary rules or medically prescribed diets, if any.

6-b. Promulgate rules and regulations, in consultation with the
division for youth, establishing minimum standards for the care,
custody, rehabilitation, treatment, supervision, discipline and other
programs for correctional facilities operated by the division for youth.

7. Place such members of its staff as it deems appropriate as monitors
in any local correctional facility which, in the judgment of the
commission, presents an imminent danger to the health, safety or
security of the incarcerated individuals or employees of such
correctional facility or of the public.

8. (a) Close any correctional facility which is unsafe, unsanitary 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
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
commission has been confirmed by the court, in case of court review,
such facility designated in the order shall be closed, and it shall be
unlawful to confine or detain any person therein and any officer
confining or detaining any person therein shall be guilty of a class A

(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 correctional facilities that directly affect the health
of incarcerated individuals and staff, safety, or security.

12. Make an annual report to the governor and legislature concerning
its work and the work of the board and the council during the preceding
year, and such further interim reports to the governor, or to the
governor and legislature, as it shall deem advisable, or as shall be
required by the governor.

13. 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
commission 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

14. Enter into contracts with any person, firm, corporation,
municipality, or governmental agency.

15. Adopt, amend or rescind such rules and regulations as may be
necessary or convenient to the performance of the functions, powers and
duties of the commission.

16. Do all other things necessary or convenient to carry out its
functions, powers and duties expressly set forth in this article.

* 17. Make an annual report to the governor, the chairman of the
assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction concerning incarcerated
individuals confined in local correctional facilities pursuant to an
agreement authorized by section five hundred-o of this chapter. Such
report shall include but not be limited to the number of counties
maintaining such agreements and the number of incarcerated individuals
confined pursuant to such agreements.

* NB Repealed September 1, 2026

18. Assess compliance of local correctional facilities with the terms
of paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivision
six of section one hundred thirty-seven of this chapter. The commission
shall issue a public report regarding all aspects of segregated
confinement and residential rehabilitation units at least annually with
recommendations to local correctional facilities, the governor, the
legislature, including but not limited to policies and practices
regarding: (a) placement of persons; (b) special populations; (c) length
of time spent in segregated confinement and residential treatment units;
(d) hearings and procedures; (e) conditions, programs, services, care,
and treatment; and (f) assessments, rehabilitation plans, and discharge

19. Establish standards and guidelines for a program of medication
assisted treatment for incarcerated individuals in county jails and/or
county correctional facilities equivalent to the program established in
state correctional facilities pursuant to section six hundred twenty-six
of this chapter and submit an annual report consistent with the
requirements of subdivision three of such section.