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This entry was published on 2021-08-13
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Access to records and institutions
Executive (EXC) CHAPTER 18, ARTICLE 12-B
§ 259-k. Access to records and institutions. 1. All case files shall
be maintained by the department for use by the department and board. The
department and board and authorized officers and employees thereof shall
have complete access to such files and the board of parole shall have
the right to make such entries as the board of parole shall deem
appropriate in accordance with law.

2. The board shall make rules for the purpose of maintaining the
confidentiality of records, information contained therein and
information obtained in an official capacity by officers, employees or
members of the board of parole.

3. Members of the board and officers and employees of the department
providing community supervision services and designated by the
commissioner shall have free access to all incarcerated individuals
confined in institutions under the jurisdiction of the department, the
office of children and family services and the department of mental
hygiene in order to enable them to perform their functions, provided,
however, that the department of mental hygiene may temporarily restrict
such access where it determines, for significant clinical reasons, that
such access would interfere with its care and treatment of the mentally
ill incarcerated individual. If under the provisions of this subdivision
an incarcerated individual is not accessible for release consideration
by the board, that incarcerated individual shall be scheduled to see the
board in the month immediately subsequent to the month within which he
or she was not available.

4. Upon a determination by the department and board of parole that
records regarding an individual presently under the supervision of the
department are relevant to an investigation of child abuse or
maltreatment conducted by a child protective service pursuant to title
six of article six of the social services law, the department and board
shall provide the records determined to be relevant to the child
protective service conducting the investigation. The department and
board shall promulgate rules for the transmission of records required to
be provided under this section.