A09939 Summary:

BILL NOA09939
 
SAME ASSAME AS S08059
 
SPONSORO'Donnell
 
COSPNSRBenedetto, Rozic, Jaffee, Ortiz, Lavine, Robinson, Cahill, Mosley, Linares, Abinanti, Sepulveda, Walker, Skartados, Blake
 
MLTSPNSRCancel, Glick, Nolan, Simon
 
Amd Cor L, generally; amd §677, County L; amd §2.10, CP L; amd §285, Ed L; amd §§63, 169 & 837-a, Exec L; amd §33.13, Ment Hyg L; amd §§2782 & 2786, Pub Health L; amd §92, Pub Off L; amd §460-c, Soc Serv L
 
Creates the office of the correctional ombudsman to achieve transparency, fairness, impartiality and accountability in New York state correctional facilities; relates to reports by coroners; designates investigators of the office of the correctional ombudsman as peace officers; authorizes the attorney general to investigate the alleged commission of any criminal offense committed by an employee of the department of corrections and community supervision in connection with his or her official duties; relates to the confidentiality of certain records; and includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
Go to top    

A09939 Actions:

BILL NOA09939
 
04/29/2016referred to correction
05/10/2016reported referred to codes
05/17/2016reported referred to ways and means
06/14/2016reported referred to rules
06/14/2016reported
06/14/2016rules report cal.360
06/14/2016ordered to third reading rules cal.360
06/15/2016passed assembly
06/15/2016delivered to senate
06/15/2016REFERRED TO RULES
Go to top

A09939 Committee Votes:

CODES Chair:Lentol DATE:05/17/2016AYE/NAY:14/5 Action: Favorable refer to committee Ways and Means
LentolAyeGrafNay
SchimmingerAyeGiglioNay
WeinsteinAyeMcKevittExcused
BrennanExcusedMontesanoNay
WrightAyeRaNay
PretlowAyeTenneyNay
CookAye
CymbrowitzAye
TitusAye
O'DonnellExcused
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye

WAYS AND MEANS Chair:Farrell DATE:06/14/2016AYE/NAY:20/9 Action: Favorable refer to committee Rules
FarrellAyeOaksNay
LentolAyeCrouchNay
SchimmingerAyeBarclayNay
GanttAyeFitzpatrickNay
WeinsteinAyeSaladinoExcused
GlickAyeHawleyNay
NolanAyeDupreyNay
PretlowAyeCorwinNay
PerryAyeMalliotakisNay
ColtonExcusedWalterExcused
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
WrightExcused
CusickAye
OrtizAye
BenedettoAye
MarkeyAye
MoyaAye
WeprinExcused
RodriguezExcused
RamosAye
BraunsteinNay

RULES Chair:Heastie DATE:06/14/2016AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanAyeFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightExcused
DinowitzExcused
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

Go to top

A09939 Floor Votes:

DATE:06/15/2016Assembly Vote  YEA/NAY: 97/45
Yes
Abbate
Yes
Crespo
Yes
Gottfried
No
Lopez
No
Palumbo
Yes
Simon
Yes
Abinanti
No
Crouch
No
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
No
Curran
Yes
Gunther
No
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
No
Barclay
Yes
Cymbrowitz
No
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
No
Malliotakis
Yes
Pretlow
No
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
No
Raia
No
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
No
McDonough
Yes
Ramos
No
Tenney
No
Blankenbush
No
Duprey
Yes
Jaffee
No
McKevitt
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
McLaughlin
Yes
Rivera
Yes
Titone
No
Braunstein
Yes
Fahy
No
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
No
Walter
Yes
Bronson
No
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
No
Friend
No
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
No
Butler
Yes
Galef
ER
Kim
No
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
No
Kolb
No
Nojay
No
Saladino
Yes
Woerner
Yes
Cancel
No
Garbarino
No
Lalor
Yes
Nolan
No
Santabarbara
No
Wozniak
No
Castorina
No
Giglio
Yes
Lavine
No
Oaks
Yes
Schimel
Yes
Wright
Yes
Ceretto
Yes
Gjonaj
No
Lawrence
Yes
O'Donnell
No
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
No
Goldfeder
Yes
Lifton
Yes
Otis
ER
Sepulveda
No
Corwin
No
Goodell
Yes
Linares
No
Palmesano
Yes
Simanowitz

‡ Indicates voting via videoconference
Go to top

A09939 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9939
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the correction law, in relation to creating the office of the correctional ombudsman; 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 correctional ombudsman as peace officers; to amend the education law, in relation to the certif- ication of inmate populations; to amend the executive law, in relation to authorizing the attorney general to investigate the alleged commis- sion of any criminal offense committed by an employee of the department of corrections and community supervision in connection with his or her 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 confidentiality of certain records; to amend the public officers law, in relation to including the office of the correctional ombudsman records within the definition of public safety agency records; and to amend the social services law, in relation to inspection and supervision   PURPOSE: This bill creates the office of the correctional ombudsman.   SUMMARY OF PROVISIONS: Section 1 creates the office of the correctional ombudsman; section 2 amends section 2 of the correction law; sections 3-7 amend sections 40, 42, 45, 46, and 47 of the correction law, respectively; sections 8-10 amends sections 89-a, 89-3 and 89-f of the correction law, respectively; section 11 amends section 112 of the correction law; section 12 amends section 146 of the correction law; sections 13-15 amend sections 853, 854 and 857 of the correction law, respectively; section 16 amends section 677 of the county law; section 17 amends section 2.10 of the criminal procedure law; section 18 amends section 285 of the education law; section 19 amends section 63 of the executive law; section 20 amends section 169 of the executive law; section 21 amends section 837-a of the executive law; section 22 amends section 33.13 of the mental hygiene law; sections 23-24 amend sections 2782 and 2786 of the public health law, respectively; section 25 amends section 92 of the public officers law; and section 26 amends section 460-c of the social services law. Section 27 provides an effective date.   JUSTIFICATION: The Department of Corrections and Community Supervision has come under increased public scrutiny in the last few years. The union for correc- tional officers, NYSCOBA, claims that assaults on staff are rising steadily, and our state prisons are becoming more violent. The FBI recently opened an investigation into the severe beating of an inmate whose eye sockets were broken by correctional officers at Downstate Correctional Facility. Two security staff members at Greene Correctional Facility were fired after arranging for an inmate who had lodged complaints against them to be beaten up in the shower and then covering up the attack. The incident was investigated by the State Inspector General because the DOCCS Inspector General was forced to step down after being accused of harassment of a staff member as part of a broader pattern of harassment that went on for years. In April 2015, two inmates, Samuel Harrell and Karl Taylor, were killed in separate alter- cations with security staff at Fishkill and Sullivan Correctional Facil- ities. In June 2015, two inmates escaped from Clinton Correctional Facility, a maximum security prison in Dannemora, New York, near the Canadian border. The inmates received tools and information aiding in their escape from a correctional officer and a civilian correctional employee who had a prior complaint lodged against her for having an inappropriate relationship with one of the inmates. That complaint was internally investigated and dismissed by the Department. The inmate involved was not even transferred out of Clinton, but kept working with the same civilian employee in the tailor shop. Although one of the esca- pees was shot dead by the border patrol, the other inmate was captured. He told investigators that they had spent several months preparing for the escape, sawing through their cell walls at night and exploring the heating and sewer systems in order to find a route out of the prison. Security is supposed to conduct hourly bed checks of inmates. After the escape, inmates from Clinton complained of retaliation against many inmates in the same housing block as the escapees, including inability to communicate with family members, transfer to solitary confinement cells, deprivation of food, medicine and personal property, harassment, threats and beatings to extract information. It is difficult to evaluate or understand what is happening behind pris- on walls. The State Inspector General and the Justice Center for the Protection of People with Special Needs do not, with limited exceptions, have jurisdiction over the prison system. State police are sometimes called in when DOCCS believes a crime has been committed, but usually only when inmates are alleged to have committed a crime, not when staff may have acted illegally. Currently, DOCCS maintains its own investi- gative body, the Office of Special Investigations (OSI), to investigate grievances and unusual incidents, among other issues. There is an inher- ent conflict of interest in having DOCCS staff investigate incidents involving correctional employees. DOCCS investigators, most of whom are former or current security staff, are not impartial or unbiased, nor is it reasonable to expect them to be so given the very polarized atmos- phere of some prisons in which both inmates and staff feel unsafe. This bill would not force DOCCS to stop investigating unusual incidents in its prisons, it would simply create an independent public oversight agency, the office of the correctional ombudsman, to monitor the pris- ons, investigate complaints and report to the governor, the legislature, DOCCS and the public. The goal of this legislation is to achieve trans- parency, fairness, impartiality and accountability in our state correc- tional system. Many other states and countries have ombudsman or inspec- tor generals who remain outside of the correctional department and who work with its staff to create safer and more humane prisons. The Inspec- tor General of the California prison system says that the role of his office is to be a guide dog, not an attack dog, they only bark when the department steps off the sidewalk. That is the role envisioned for the Office of the Correctional Ombudsman; to solve problems, provide trans- parency and make recommendations to the Department.   FISCAL IMPLICATIONS: To be determined   LOCAL FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
Go to top

A09939 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9939
 
                   IN ASSEMBLY
 
                                     April 29, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  O'DONNELL  --  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 ombudsman; 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 correctional ombuds-
          man as peace officers; to amend the education law, in relation to  the
          certification  of  inmate  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 community supervision in connection
          with his or her 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 confidentiality of certain
          records; to amend the public officers law, in  relation  to  including
          the office of the correctional ombudsman records within the definition
          of public safety agency records; and to amend the social services law,
          in relation to inspection and supervision
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The correction law is amended by adding a new  article  3-A
     2  to read as follows:
     3                                 ARTICLE 3-A
     4                    OFFICE OF THE CORRECTIONAL OMBUDSMAN
     5  Section 50. Definitions.
     6          51. Office of the correctional ombudsman; organization.
     7          52. Correctional oversight board.
     8          53. Powers of the ombudsman.
     9          54. Additional functions, powers and duties of the office of the
    10                ombudsman.
    11          55. Additional duties of the department.
    12          56. Obstructing an investigation by the correctional ombudsman.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14548-04-6

        A. 9939                             2
 
     1    §  50.  Definitions.  For  the purposes of this article, the following
     2  terms shall have the following meanings:
     3    1. "Office" refers to the office of the correctional ombudsman.
     4    2. "Ombudsman" refers to the commissioner of the office of the correc-
     5  tional ombudsman.
     6    § 51. Office of the correctional ombudsman; organization.  1. In order
     7  to  achieve  transparency,  fairness, impartiality and accountability in
     8  our state correctional facilities, there shall be an independent  office
     9  of  the  correctional  ombudsman  within  the  executive department. The
    10  ombudsman shall report to the correctional oversight  board  established
    11  pursuant  to  section fifty-two of this article, provided, however, that
    12  administrative matters  of  general  application  within  the  executive
    13  department shall be also applicable to the office.
    14    (a)  Following  the  initial appointment of the members of the correc-
    15  tional oversight board established pursuant to section fifty-two of this
    16  article, such board shall promptly nominate a  full-time  ombudsman  and
    17  notify the governor of such nomination.  Nothing in this paragraph shall
    18  prohibit  the  board  from appointing an interim ombudsman if there is a
    19  vacancy.
    20    (b) The governor, within thirty days after receiving written notice of
    21  any nomination of an ombudsman made pursuant to paragraph  (a)  of  this
    22  subdivision,  may approve or disapprove such nomination. If the governor
    23  approves such nomination, or fails to act on such nomination within such
    24  thirty day period, the nominee shall thereupon commence his or her  term
    25  as  ombudsman.  If,  within  such thirty day period, the governor serves
    26  upon the chair of such board a written notice  disapproving  such  nomi-
    27  nation,  the  nominee  shall  not  be  authorized  to serve as ombudsman
    28  provided, however, that such board may authorize  an  interim  ombudsman
    29  appointed  pursuant  to  paragraph  (a)  of this subdivision to serve or
    30  continue to serve as interim ombudsman until such time as  an  ombudsman
    31  is  approved, or not timely disapproved, by the governor.  Following any
    32  disapproval, the board shall have sixty days to submit another  nominee,
    33  although  such period may be extended, upon request of the board, by the
    34  governor. A person appointed as interim ombudsman may  exercise  all  of
    35  the powers available to the ombudsman.
    36    (c)  The  ombudsman  may not have worked for the department within the
    37  last ten years and may not hold any public office or  other  employment.
    38  The  ombudsman  shall  serve a six-year term and may only be removed for
    39  good cause shown, after notice and an opportunity to be heard, by a vote
    40  of two-thirds or more of the twelve members of the board.
    41    § 52. Correctional oversight board.  1. There is  hereby  created  the
    42  correctional  oversight board hereinafter referred to in this section as
    43  the "board". The purpose of such board shall be to  monitor,  study  and
    44  make  efforts  to  improve  the transparency, fairness, impartiality and
    45  accountability in state  correctional  facilities  and  to  appoint  the
    46  ombudsman.   No current employee of the department shall be appointed to
    47  or serve on such board. The board shall consist of  twelve  members  who
    48  shall be appointed as follows:
    49    (a) one shall be the state inspector general;
    50    (b)  two  shall  be appointed by the governor on the recommendation of
    51  the senate;
    52    (c) two shall be appointed by the governor on  the  recommendation  of
    53  the assembly;
    54    (d) two shall be appointed by the governor from a list of at least six
    55  nominees  submitted  by  non-profit  agencies  working  in the fields of
    56  re-entry or prisoner advocacy;

        A. 9939                             3
 
     1    (e) one shall be appointed by the governor and shall be a former state
     2  inmate;
     3    (f)  one  shall  be  appointed  by  the governor and shall be a former
     4  employee of the department who is no longer in state service;
     5    (g) one shall be an attorney appointed by the governor from a list  of
     6  at least four nominees submitted by the state bar association;
     7    (h) one shall be a medical professional appointed by the governor; and
     8    (i)  one  shall  be  a  mental  health professional who works with the
     9  Justice Center for the Protection of People with Special Needs appointed
    10  by the governor.
    11    2. All members of the board shall be  appointed  for  terms  of  three
    12  years with such terms to commence on August first, and expire July thir-
    13  ty-first,  provided,  however, that the inspector general shall serve ex
    14  officio. Initial appointments must be made  within  sixty  days  of  the
    15  effective  date of this subdivision. Any member chosen to fill a vacancy
    16  created otherwise than by expiration of term shall be appointed for  the
    17  unexpired  term  of  the  member whom he or she is to succeed. Vacancies
    18  caused by expiration of a term or otherwise shall be filled promptly and
    19  in the same manner as original appointments. Any  member  may  be  reap-
    20  pointed  for  additional  terms. A member of the board shall continue in
    21  such position upon the expiration of his or her term until such time  as
    22  he  or  she  is reappointed or his or her successor is appointed, as the
    23  case may be.
    24    3. Membership on the board shall not  constitute  the  holding  of  an
    25  office,  and members of the board shall not be required to take and file
    26  oaths of office before serving on the board. The board  shall  not  have
    27  the right to exercise any portion of the sovereign power of the state.
    28    4.  The  board  shall  meet at least two times in each year. The first
    29  meeting of the board shall be held within thirty days of the appointment
    30  of the full board or within sixty days after the effective date of  this
    31  subdivision, whichever occurs earlier. Special meetings may be called by
    32  the  chair and shall be called by the chair upon the request of at least
    33  five members of the board. The board may establish  its  own  procedures
    34  with respect to the conduct of its meetings and other affairs; provided,
    35  however, that the quorum and majority provisions of section forty-one of
    36  the  general  construction  law  shall  govern  all actions taken by the
    37  board.
    38    5. The members of the board shall receive no  compensation  for  their
    39  services  but  shall  be  allowed  their  actual  and necessary expenses
    40  incurred in the performance of their functions hereunder.
    41    6. No member of the board  shall  be  disqualified  from  holding  any
    42  public  office  or employment outside of the department, nor shall he or
    43  she forfeit any such office or employment,  by  reason  of  his  or  her
    44  appointment  pursuant to this section, notwithstanding the provisions of
    45  any other general, special or local law, ordinance or city charter.
    46    7. The board shall make  recommendations  to  the  ombudsman  for  the
    47  improvement of the department's policies and consult with and advise the
    48  office  of  the  correctional  ombudsman  in carrying out the duties and
    49  responsibilities of such office.   The ombudsman  shall  report  to  the
    50  board  fully  on  the  activities  of  the  office  and shall seek board
    51  approval on all major decisions or policy changes, including any  stand-
    52  ards  or protocols adopted by the ombudsman for the inspection and moni-
    53  toring of  correctional  facilities  or  the  resolution  of  complaints
    54  received by the office.
    55    8.  Each  member  of the board shall tour a correctional facility with
    56  the ombudsman at least annually.

        A. 9939                             4
 
     1    § 53. Powers of the ombudsman.    1.  The  ombudsman  shall  have  the
     2  authority  to  hire and retain counsel to provide confidential advice or
     3  to represent the ombudsman if the attorney general  has  a  conflict  in
     4  representing the ombudsman in any litigation.
     5    2. The office of the ombudsman shall not be located in the same build-
     6  ing  or  buildings  as the department but shall be wholly independent of
     7  the department except that the department shall provide it  with  office
     8  space, equipment and furnishings within any department facility as need-
     9  ed to carry out its functions and duties.
    10    3. The ombudsman may appoint such assistants, officers, investigators,
    11  monitors,  employees and consultants as he or she shall determine neces-
    12  sary, prescribe their duties and powers, provide them  with  appropriate
    13  training,  fix their compensation and provide for reimbursement of their
    14  expenses within  the  amounts  appropriated  therefor  except  that  the
    15  ombudsman  shall  not hire any person known to be directly or indirectly
    16  involved in an open internal  affairs  investigation  conducted  by  any
    17  federal,  state or local agency or who is a named defendant in a pending
    18  federal or state lawsuit or criminal proceeding relating to his  or  her
    19  prior work for a state, local or federal correctional or law enforcement
    20  agency.  The  ombudsman may appoint a representative to carry out any of
    21  his or her duties under this article  except  that  the  ombudsman  must
    22  attend meetings with the correctional oversight board.
    23    4. The ombudsman may create, abolish, transfer and consolidate bureaus
    24  and  other  units within the office as he or she may determine necessary
    25  for the efficient operation of the office, subject to  the  approval  of
    26  the director of the budget.
    27    5.  The  ombudsman  may request and shall receive from any department,
    28  division, bureau, commission or any other agency of the state  or  poli-
    29  tical  subdivision  thereof  or  any  public  authority such assistance,
    30  information and data as will enable the office to carry  out  its  func-
    31  tions, powers and duties.
    32    6.  The  ombudsman shall be responsible for the contemporaneous public
    33  oversight of internal  affairs  and  the  disciplinary  process  of  the
    34  department  of  corrections  and  community supervision.   The ombudsman
    35  shall have discretion to provide oversight of  any  department  investi-
    36  gation  relating to the well-being, treatment, discipline, safety or any
    37  other matter concerning inmates or persons under  community  supervision
    38  as needed, including personnel investigations.
    39    7. The ombudsman may review specific policies, practices, programs and
    40  procedures of the department that raise a significant correctional issue
    41  relevant  to  the  well-being,  treatment, discipline, safety, rehabili-
    42  tation or any other matter concerning inmates or persons under community
    43  supervision.  The ombudsman is authorized  to  inspect,  investigate  or
    44  examine  all  aspects  of  the  department's  operations and conditions,
    45  including, but not limited to, staff recruitment, training, supervision,
    46  discipline, inmate deaths, medical and mental health care, use of force,
    47  inmate violence, conditions of confinement, inmate disciplinary process,
    48  inmate grievance process, substance-abuse treatment, educational,  voca-
    49  tional and other programming and re-entry planning. During the course of
    50  a  review the ombudsman shall identify areas of full and partial compli-
    51  ance or noncompliance with departmental policies and procedures, specify
    52  deficiencies in the completion and documentation of processes and recom-
    53  mend corrective actions,  including,  but  not  limited  to,  additional
    54  training,  additional  policies  or  changes in policies, as well as any
    55  other findings or recommendations he or she deems appropriate.

        A. 9939                             5
 
     1    8. The ombudsman may place such members of his or her staff as  he  or
     2  she deems appropriate as monitors in any correctional facility which, in
     3  the judgment of the ombudsman, presents an imminent danger to the health
     4  safety or security of inmates or employees of such correctional facility
     5  or the public.
     6    9.  The  ombudsman shall accept, with the approval of the governor, as
     7  agent of the state any grant, including federal grants, or any gift  for
     8  any  of  the  purposes  of  this  article. Any moneys so received may be
     9  expended by the ombudsman to effectuate any  purpose  of  this  article,
    10  subject to the same limitations as to approval of expenditures and audit
    11  as are prescribed for state moneys appropriated for the purposes of this
    12  article.
    13    10.  The  ombudsman  may  enter  into contracts with any person, firm,
    14  corporation, municipality, or governmental agency.
    15    11. The ombudsman shall adopt, amend or rescind such rules  and  regu-
    16  lations, in accordance with applicable state law, as may be necessary or
    17  convenient to the performance of the functions, powers and duties of the
    18  office.
    19    12. The ombudsman shall do all other things necessary or convenient to
    20  carry  out  its functions, powers and duties expressly set forth in this
    21  article.
    22    13. When exigent circumstances of unsafe  or  life  threatening  situ-
    23  ations  arise  involving inmates, staff, people on community supervision
    24  or other individuals, the ombudsman shall notify the governor, temporary
    25  president of the senate and speaker of  the  assembly  and  commence  an
    26  immediate review of such circumstances. Upon completion of a review, the
    27  ombudsman  shall  prepare  a  complete  written  report  which  shall be
    28  disclosed with the underlying materials that the ombudsman deems  appro-
    29  priate  to  the  commissioner, the requesting entity and any appropriate
    30  law enforcement agency.
    31    14. (a) The ombudsman shall interview and review  all  candidates  for
    32  appointment  to  serve  as  the superintendent of any state correctional
    33  facility. The commissioner shall submit the names of such candidates  to
    34  the  ombudsman  who  shall  review  such  candidates' qualifications and
    35  employ confidential procedures to evaluate the  qualifications  of  each
    36  candidate  with  regard to his or her ability to discharge the duties of
    37  the office to which he or she is being appointed. Within ninety days  of
    38  the submission of a candidate's name, the ombudsman shall confidentially
    39  advise  the commissioner as to whether such candidate is well-qualified,
    40  qualified or not qualified and the reasons therefore and may report,  in
    41  confidence,  any other information that the ombudsman deems pertinent to
    42  the qualification of the candidate. The ombudsman  shall  establish  and
    43  adopt  rules  and  procedures regarding the review of candidates for the
    44  position of superintendent and for maintaining  the  confidentiality  of
    45  any interviews, documents or other information relied upon in his or her
    46  review.  All  such  information  shall  be privileged and not subject to
    47  disclosure.
    48    (b) If the commissioner appoints a superintendent  who  the  ombudsman
    49  found  was  not  qualified, the ombudsman shall make public that finding
    50  after due notice to the appointee.  Any candidate found to be not quali-
    51  fied by the ombudsman shall have the right to  withdraw  from  consider-
    52  ation  before  the  ombudsman makes such public finding and in that case
    53  the finding shall not be published.   Such  notice  and  public  finding
    54  shall  not constitute a waiver of privilege or breach of confidentiality
    55  concerning the ombudsman's  review  of  the  appointee's  qualifications
    56  pursuant to this section.

        A. 9939                             6
 
     1    15.    Notwithstanding  any  law  to the contrary, the ombudsman shall
     2  periodically, but not less than every three years,  conduct  inspections
     3  of  each correctional facility and shall periodically review delivery of
     4  medical and mental health care  at  each  correctional  facility.    The
     5  ombudsman  shall  issue a public report on each correctional facility at
     6  least every three years.  The ombudsman need not notify  the  department
     7  before commencing such inspection or review.
     8    16.  All records, correspondence, videotapes, audiotapes, photographs,
     9  notes, electronic communications,  books,  memoranda,  papers  or  other
    10  documents  or  objects used as evidence to support a completed review or
    11  investigation must be retained for three years after a report is  issued
    12  unless  handed  over  to  a law enforcement agency for criminal investi-
    13  gation. No such documents or evidence shall  be  destroyed  pending  the
    14  completion  of  an  investigation or review.  Such documents or evidence
    15  shall be publicly available  unless  confidential  and  not  subject  to
    16  disclosure under the freedom of information law or by court order.
    17    17. Notwithstanding any other provision of the law the ombudsman shall
    18  have  complete access and authority to examine and reproduce any and all
    19  past and current books, accounts, reports,  medical  and  mental  health
    20  records,  vouchers,  correspondence files, computer files, computer data
    21  bases, documents,  video  and  audio  tape  recordings,  statistics  and
    22  performance  based  outcome  measures  and  any  and  all other past and
    23  current records and to examine the bank accounts, money or  property  of
    24  the  department.   Any state office or agency of a political subdivision
    25  of the state or other public  entity  or  employee  or  officer  thereof
    26  possessing such records or property shall permit access to, and examina-
    27  tion  and  reproduction  thereof, consistent with the provisions of this
    28  article, upon the request the ombudsman or his or her designee.  Access,
    29  examination  and  reproduction  consistent  with  the  provision of this
    30  section shall not result in the waiver of any confidentiality or  privi-
    31  lege regarding any records or property.
    32    18.  The ombudsman may require any state employee to be interviewed on
    33  a confidential basis.  Such employee must comply with the request to  be
    34  interviewed  and  must  be given time off from his or her employment for
    35  the purposes of attending such an interview and may  be  accompanied  by
    36  counsel  acting  on  his or her behalf. The ombudsman may also conduct a
    37  confidential interview of any inmate or other person upon consent.
    38    19. The ombudsman may enter anywhere on the grounds of any  department
    39  facility  or  office  for  the  purposes  of observation, inspection and
    40  investigation and shall have unfettered  access  to  all  areas  of  the
    41  department and any facility at any time.
    42    20.  The  ombudsman may cause the body of a deceased inmate to undergo
    43  such examinations, including an autopsy, as he or she deems necessary to
    44  determine the cause of death, irrespective of whether any such  examina-
    45  tion or autopsy shall have been previously performed.
    46    21.  (a)  In  the  exercise  of  its functions, powers and duties, the
    47  ombudsman and any attorney employed by the office is authorized to issue
    48  and enforce a subpoena and a subpoena duces tecum, administer oaths  and
    49  examine  persons  under  oath,  in accordance with and pursuant to civil
    50  practice law and rules. A person examined under oath  pursuant  to  this
    51  subdivision  shall have the right to be accompanied by counsel who shall
    52  advise the person of his or her rights subject to reasonable limitations
    53  to prevent obstruction of, or interference with, the orderly conduct  of
    54  the  examination. Notwithstanding any other provision of law, a subpoena
    55  may be issued and enforced pursuant to this subdivision for the  medical
    56  records  of  an inmate of a correctional facility, regardless of whether

        A. 9939                             7

     1  such medical records were made during the course of the inmate's  incar-
     2  ceration.
     3    (b)  In any case where a person in charge or control of a correctional
     4  facility or an officer or employee thereof shall fail to comply with the
     5  provisions of paragraph (a) of this subdivision, or in any case where  a
     6  coroner,  coroner's  physician  or medical examiner shall fail to comply
     7  with the provisions of subdivision six of section six  hundred  seventy-
     8  seven  of  the  county law, the ombudsman may apply to the supreme court
     9  for an order directed to such  person  requiring  compliance  therewith.
    10  Upon  such application the court may issue such order as may be just and
    11  a failure to comply with the order of the court shall be a  contempt  of
    12  court and punishable as such.
    13    22. The ombudsman shall not be compelled to testify or release records
    14  without  a court order that are otherwise exempt from public disclosure,
    15  including documents pertaining to any investigation that  has  not  been
    16  completed or any identifying information, personal papers or correspond-
    17  ence with any person who has requested assistance from the office unless
    18  that  person  consents  in  writing  to the release of such information,
    19  papers or correspondence.
    20    23. The ombudsman may hold public hearings.
    21    § 54. Additional functions, powers and duties of  the  office  of  the
    22  ombudsman.  1. The office may receive communications from any individual
    23  who  believes  he or she may have information that may describe improper
    24  governmental activities or wrongdoing within  the  department.    Inmate
    25  mail  to  and  from the ombudsman shall be treated in the same manner as
    26  legal mail and may not be restricted by the department,  the  office  of
    27  mental health or any other entity.
    28    (a) The ombudsman shall establish a toll-free telephone number for the
    29  purpose  of  identifying  any  alleged  wrongdoing by an employee of the
    30  department.  This telephone number shall be posted by the department  in
    31  clear  view  of  employees, inmates and the public, and inmates shall be
    32  permitted to call such number during normal hours for telephone usage or
    33  within twenty-four hours of admission to a special housing unit or other
    34  unit with restricted telephone access.  Telephone  calls  made  to  such
    35  toll-free  number  from a correctional facility shall not be recorded by
    36  the  department  and  are  protected  confidential  communications.  The
    37  ombudsman  shall  also maintain a website with a complaint form that may
    38  be filled out online and shall also accept complaints by mail  or  other
    39  means  alleging  wrongdoing  by  an  employee  of  the  department. When
    40  requested, the ombudsman shall initiate a review  of  any  such  alleged
    41  wrongdoing  which may result in an investigation of the alleged wrongdo-
    42  ing at the ombudsman's discretion.
    43    (b) At the conclusion of an investigation of a complaint, the  ombuds-
    44  man  shall  report his or her findings to the complainant and any person
    45  designated to receive such findings by the complainant. If the ombudsman
    46  does not investigate a complaint, he or she shall notify the complainant
    47  and such other person of the decision not to investigate and the reasons
    48  for the decision.  If the complainant is deceased at  the  time  of  the
    49  completion  of  an  investigation, the ombudsman shall report his or her
    50  findings to the complainant's next of kin when such person is  known  to
    51  the ombudsman or to the department.
    52    (c)  The ombudsman may act informally to resolve a complaint including
    53  providing referrals or information to complainants, expediting  individ-
    54  ual matters, mediating or providing other assistance.
    55    (d)  All  identifying  information  and any personal records or corre-
    56  spondence from any person who  initiated  the  review  of  such  alleged

        A. 9939                             8
 
     1  wrongdoing  shall  be confidential unless the person consents to disclo-
     2  sure in writing.
     3    (e)  Where  the  ombudsman  believes  that  an  allegation of criminal
     4  misconduct has been made by a complainant, he or she shall  report  such
     5  allegation to the appropriate law enforcement agency.
     6    2.  Upon  receiving  a  complaint of retaliation for complaining to or
     7  cooperating with the ombudsman, the ombudsman shall commence an  inquiry
     8  into  the  complaint  and  conduct  a formal investigation.   Should the
     9  ombudsman find that a complaint of retaliation is founded as a result of
    10  an investigation, he or she shall so  notify  the  department  and  make
    11  recommendations for corrective action to be taken by the department. The
    12  ombudsman  shall  make the results and supporting evidence of its formal
    13  investigation available to  the  division  of  human  rights  should  an
    14  employee  file  a  retaliation complaint with such agency and consent to
    15  such disclosure in writing.
    16    3. To facilitate oversight, the office shall be  immediately  notified
    17  by  the  department of all unusual and significant incidences including,
    18  but not limited to, riots or fights involving multiple  combatants,  use
    19  of  force,  inmate  deaths,  serious  physical  assaults on employees or
    20  inmates, work stoppages and escapes and shall be  given  monthly  aggre-
    21  gated  reports of unusual incidents and inmate grievances by the depart-
    22  ment.  Employees of the office shall be permitted to be present  in  any
    23  department  internal  investigation  or  inquiry.  The  office  shall be
    24  responsible for reporting such unusual and significant incidents and the
    25  outcome of its investigations into such incidents to the public no  less
    26  than quarterly.
    27    4. (a) The ombudsman shall annually prepare a public report and summa-
    28  ry  of  all  investigations and reviews, including a list of significant
    29  problems discovered by the office, whether or  not  the  recommendations
    30  made  by  the  office  have been implemented, and a list of the office's
    31  high priorities for the following year. The ombudsman shall submit  such
    32  report  to  the  governor,  the  temporary  president of the senate, and
    33  speaker of the assembly by December  thirty-first  of  each  year.  Such
    34  report  shall  be  posted  in  electronic  form  on  the office's public
    35  website.  The ombudsman shall be authorized to redact portions  of  such
    36  report  in  a  manner consistent with article six of the public officers
    37  law or where disclosure is otherwise prohibited by law.
    38    (b) Upon review of the cause of death  and  circumstances  surrounding
    39  the  death of any inmate in a correctional facility, the ombudsman shall
    40  submit its report thereon to the governor, the speaker of the  assembly,
    41  the  temporary  president of the senate, the chairperson of the assembly
    42  correction committee, the chairperson of the senate crime and correction
    43  committee, and the commissioner, and, where appropriate, make  recommen-
    44  dations  to prevent the recurrence of such deaths. Such reports shall be
    45  published on the office's website and shall otherwise be made  available
    46  to the public.
    47    (c)  The  ombudsman  shall  make an annual report to the governor, the
    48  speaker of the assembly, the temporary  president  of  the  senate,  the
    49  chairperson  of the assembly correction committee and the chairperson of
    50  the senate crime and correction committee on the  condition  of  systems
    51  for  the  delivery of medical care to inmates of correctional facilities
    52  and, where appropriate, recommend such changes as it shall  deem  neces-
    53  sary  and proper to improve the quality and availability of such medical
    54  care. Such report shall be published on the office's website  and  shall
    55  otherwise be made available to the public.

        A. 9939                             9
 
     1    (d) All public reports by the ombudsman shall not disclose information
     2  where prohibited by law.
     3    § 55. Additional duties of the department.  1. State employees operat-
     4  ing  within  a  correctional  facility must cooperate fully and promptly
     5  with the ombudsman.
     6    2. The department shall respond in writing to any recommendations made
     7  by the ombudsman or his or her designee within forty-five days and shall
     8  state with specificity its reasons for failing to act on any such recom-
     9  mendation. Such writings shall be made public by  the  ombudsman  except
    10  that  information  which would reveal confidential material that may not
    11  be released pursuant to federal or state law shall  be  reacted  by  the
    12  ombudsman from any such report or recommendation.
    13    3.  The  commissioner  shall  immediately  report to the ombudsman the
    14  death of an inmate of any such facility in such manner and form  as  the
    15  ombudsman  shall  prescribe and shall provide him or her with an autopsy
    16  report when available.
    17    § 56.  Obstructing an investigation by the correctional ombudsman.   A
    18  person  is  guilty  of  obstructing an investigation by the correctional
    19  ombudsman when, with intent to obstruct or impede an inquiry or investi-
    20  gation by the correctional  ombudsman  appointed  pursuant  to  sections
    21  fifty-three  or  fifty-four  of  the correction law, he or she knowingly
    22  destroys or knowingly fails to permit  access  to,  examination  of,  or
    23  reproduction  by the office of such correctional ombudsman, of any book,
    24  account, bank account information, report,  voucher,  correspondence  or
    25  correspondence  file, computer file, computer data base, document, video
    26  or audio recording, statistic  or  performance  based  outcome  measure,
    27  money, property or any other record of the department of corrections and
    28  community supervision lawfully requested by such correctional ombudsman.
    29  Obstructing  an investigation by the correctional ombudsman is a class A
    30  misdemeanor.
    31    § 2. Section 2 of the correction law is  amended  by  adding  two  new
    32  subdivisions 32 and 33 to read as follows:
    33    32. "Office" means the office of the correctional ombudsman.
    34    33.  "Ombudsman"  means  the commissioner of the office of the correc-
    35  tional ombudsman.
    36    § 3. Subdivision 3 of section 40 of the correction law, as amended  by
    37  section  13 of subpart A of part C of chapter 62 of the laws of 2011, is
    38  amended to read as follows:
    39    3. "Correctional facility" means  [any  institution  operated  by  the
    40  state  department  of  corrections and community supervision,] any local
    41  correctional facility, or any place, other  than  a  state  correctional
    42  facility  operated  by the department, used, pursuant to a contract with
    43  the state or a municipality, for the detention of persons  charged  with
    44  or  convicted  of  a  crime, or, for the purpose of this article only, a
    45  secure facility operated by the office of children and family services.
    46    § 4. Paragraph 1 of subdivision (c) of section 42  of  the  correction
    47  law,  as added by chapter 865 of the laws of 1975, is amended to read as
    48  follows:
    49    1. Advise and assist the commission in developing policies, plans  and
    50  programs  for  improving  the commission's performance of its duties and
    51  for coordinating the efforts of the commission and of correctional offi-
    52  cials to improve conditions of  care,  treatment,  safety,  supervision,
    53  rehabilitation, recreation, training and education in local correctional
    54  facilities;
    55    §  5.  Subdivisions  1,  2,  3,  4,  6, 8, and 10 of section 45 of the
    56  correction law, subdivisions 1 and 2 as added by chapter 865 of the laws

        A. 9939                            10
 
     1  of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as
     2  amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi-
     3  vision 4 as amended by section 15 of subpart A of part C of  chapter  62
     4  of  the laws of 2011, subdivision 8 as amended by section 2 of part D of
     5  chapter 63 of the laws of  2005,  paragraph  (b)  of  subdivision  8  as
     6  amended  by  section  4 of part H of chapter 56 of the laws of 2009, are
     7  amended to read as follows:
     8    1. Advise and assist the governor in developing  policies,  plans  and
     9  programs  for improving the administration of local correctional facili-
    10  ties and the delivery of services therein.
    11    2. Make recommendations to administrators of local correctional facil-
    12  ities for improving the administration of such  correctional  facilities
    13  and the delivery of services therein.
    14    3.  Except  in  circumstances  involving  health,  safety  or  alleged
    15  violations of  established  standards  of  the  commission,  visit,  and
    16  inspect  local correctional facilities consistent with a schedule deter-
    17  mined by the chairman  of  the  commission,  taking  into  consideration
    18  available  resources, workload and staffing, and appraise the management
    19  of such correctional facilities with specific attention to matters  such
    20  as safety, security, health of inmates, sanitary conditions, rehabilita-
    21  tive programs, disturbance and fire prevention and control preparedness,
    22  and adherence to laws and regulations governing the rights of inmates.
    23    4.  Establish  procedures  to assure effective investigation of griev-
    24  ances of, and conditions affecting, inmates of local correctional facil-
    25  ities.  Such procedures shall include but not be limited to  receipt  of
    26  written  complaints,  interviews  of  persons, and on-site monitoring of
    27  conditions.  [In addition, the commission shall establish procedures for
    28  the speedy and impartial review of grievances  referred  to  it  by  the
    29  commissioner  of  the  department  of  corrections  and community super-
    30  vision.]
    31    6. Promulgate rules and regulations establishing minimum standards for
    32  the review of the construction  or  improvement  of  local  correctional
    33  facilities  and  the  care, custody, correction, treatment, supervision,
    34  discipline, and other correctional programs for all persons confined  in
    35  such  correctional  facilities.  Such  rules  and  regulations  shall be
    36  forwarded to the governor, the temporary president of the senate and the
    37  speaker of the assembly no later than January  first,  nineteen  hundred
    38  seventy-six and annually thereafter.
    39    8. [(a)] Close any local correctional facility which is unsafe, unsan-
    40  itary  or inadequate to provide for the separation and classification of
    41  prisoners required by law or which has not adhered to or  complied  with
    42  the  rules  or regulations promulgated with respect to any such facility
    43  by the commission pursuant to the provisions of subdivision six of  this
    44  section;  provided, however, that before such facility may be closed due
    45  to conditions which are unsafe, unsanitary or inadequate to provide  for
    46  the  separation  and  classification  of prisoners, the commission shall
    47  cause a citation to be mailed to  the  appropriate  municipal  or  other
    48  official  at  least ten days before the return day thereof directing the
    49  responsible authorities designated to appear before such  commission  at
    50  the  time  and  place set forth in the citation, and show cause why such
    51  correctional facility should not be closed. After a hearing  thereon  or
    52  upon  the  failure to appear, such commission is empowered to order such
    53  facility designated in the citation closed within  twenty  days,  during
    54  which  time the respondent authority may review such order in the manner
    55  provided in article seventy-eight of the civil practice law  and  rules,
    56  in  the  supreme  court.  Fifteen days after the order to close has been

        A. 9939                            11
 
     1  served by a registered letter upon the appropriate official if no  court
     2  review  has been taken, and fifteen days after the order of such commis-
     3  sion has been confirmed by the court, in  case  of  court  review,  such
     4  facility designated in the order shall be closed, and it shall be unlaw-
     5  ful to confine or detain any person therein and any officer confining or
     6  detaining any person therein shall be guilty of a class A misdemeanor.
     7    [(b)  Before a correctional facility as defined in subdivision four of
     8  section two of this chapter, may be closed for a reason other than those
     9  set forth in paragraph  (a)  of  this  subdivision,  the  provisions  of
    10  section seventy-nine-a of this chapter shall be adhered to.]
    11    10. Approve or reject plans and specifications for the construction or
    12  improvement  of  local  correctional facilities that directly affect the
    13  health of inmates and staff, safety, or security.
    14    § 6. Section 46 of the correction law, as added by chapter 865 of  the
    15  laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws
    16  of  2012,  and  subdivision  3  as amended by chapter 490 of the laws of
    17  2015, is amended to read as follows:
    18    § 46. Additional functions, powers and duties of  the  commission.  1.
    19  The  commission, any member or any employee designated by the commission
    20  must be granted access at any and all times to  any  local  correctional
    21  facility  or  part  thereof  and  to  all books, records, inmate medical
    22  records and data pertaining to any correctional facility  deemed  neces-
    23  sary for carrying out the commission's functions, powers and duties. The
    24  commission,  any  member  or any employee designated by the chairman may
    25  require from the officers or employees of [a] such correctional facility
    26  any information deemed necessary for the purpose  of  carrying  out  the
    27  commission's functions, powers and duties.
    28    2.  In  the  exercise of its functions, powers and duties, the commis-
    29  sion, any member, and any attorney employed by the commission is author-
    30  ized to issue and enforce a subpoena and a subpoena duces tecum,  admin-
    31  ister  oaths  and  examine  persons  under  oath, in accordance with and
    32  pursuant to civil practice law and rules. A person examined  under  oath
    33  pursuant  to  this subdivision shall have the right to be accompanied by
    34  counsel who shall advise the person of their rights subject  to  reason-
    35  able  limitations  to  prevent obstruction of, or interference with, the
    36  orderly conduct of the examination. Notwithstanding any other  provision
    37  of  law, a subpoena may be issued and enforced pursuant to this subdivi-
    38  sion for the medical records of an inmate of  a  correctional  facility,
    39  regardless  of  whether such medical records were made during the course
    40  of the inmate's incarceration.
    41    3. In any case where a person in charge or control of a local  correc-
    42  tional  facility  or an officer or employee thereof shall fail to comply
    43  with the provisions of subdivision one, or in any case where a  coroner,
    44  coroner's  physician  or  medical examiner shall fail to comply with the
    45  provisions of subdivision six of section six  hundred  seventy-seven  of
    46  the  county  law,  the  commission may apply to the supreme court for an
    47  order directed to such person requiring compliance therewith. Upon  such
    48  application  the court may issue such order as may be just and a failure
    49  to comply with the order of the court shall be a contempt of  court  and
    50  punishable as such.
    51    4. In any case where any rule or regulation promulgated by the commis-
    52  sion  pursuant  to subdivision six of section forty-five of this article
    53  or the laws relating to the  construction,  management  and  affairs  of
    54  [any]  a  local  correctional facility or the care, treatment and disci-
    55  pline of its inmates, are being or are about to be violated, the commis-
    56  sion shall notify the person in charge or control  of  the  facility  of

        A. 9939                            12

     1  such  violation,  recommend  remedial  action, and direct such person to
     2  comply with the rule, regulation or law, as the case may  be.  Upon  the
     3  failure  of  such  person to comply with the rule, regulation or law the
     4  commission  may apply to the supreme court for an order directed to such
     5  person requiring compliance with such rule, regulation or law. Upon such
     6  application the court may issue such order as may be just and a  failure
     7  to  comply  with the order of the court shall be a contempt of court and
     8  punishable as such.
     9    § 7. Section 47 of the correction law, as added by chapter 865 of  the
    10  laws  of  1975,  subdivision  2 as amended by chapter 491 of the laws of
    11  1987, is amended to read as follows:
    12    § 47. Functions, powers and duties of the board. 1.  The  board  shall
    13  have the following functions, powers and duties:
    14    (a) Investigate and review the cause and circumstances surrounding the
    15  death of any inmate of a local correctional facility.
    16    (b)  Visit  and  inspect  any  local  correctional facility wherein an
    17  inmate has died.
    18    (c) Cause the body of  the  deceased  to  undergo  such  examinations,
    19  including  an  autopsy, as in the opinion of the board, are necessary to
    20  determine the cause of death, irrespective of whether any such  examina-
    21  tion or autopsy shall have previously been performed.
    22    (d)  Upon  review  of the cause of death and circumstances surrounding
    23  the death of any inmate in a  local  correctional  facility,  the  board
    24  shall  submit  its  report  thereon to the commission, the governor, the
    25  speaker of the assembly and  temporary  president  of  the  senate,  the
    26  chairperson  of the assembly correction committee and the chairperson of
    27  the senate crime and correction committee, and, where appropriate,  make
    28  recommendations  to prevent the recurrence of such deaths to the commis-
    29  sion and the administrator of the appropriate correctional facility.
    30    (e) Investigate and report to  the  commission  on  the  condition  of
    31  systems for the delivery of medical care to inmates of local correction-
    32  al  facilities  and where appropriate recommend such changes as it shall
    33  deem necessary and proper to improve the  quality  and  availability  of
    34  such medical care.
    35    2.  Every  administrator  of a local correctional facility shall imme-
    36  diately report to the board the death of an inmate of any such  facility
    37  in  such  manner and form as the board shall prescribe, together with an
    38  autopsy report.
    39    § 8. Section 89-a of the correction law, as amended by chapter 409  of
    40  the laws of 1991, is amended to read as follows:
    41    §  89-a.  [1.]  Management  of alternate correctional facilities.   1.
    42  Superintendence, management and control of alternate correctional facil-
    43  ities and the eligible inmates housed therein shall be  as  directed  by
    44  the commissioner consistent with the following: an alternate correction-
    45  al  facility shall be operated pursuant to rules and regulations promul-
    46  gated for such facilities by the commissioner in consultation  with  the
    47  [state  commission  of  correction] office of the correctional ombudsman
    48  and the provisions of the operation agreement.  The  commissioner  shall
    49  operate  such  facility  insofar  as practicable in the same manner as a
    50  general confinement facility which houses medium security state inmates.
    51  Nothing herein, however, shall preclude the commissioner from  enhancing
    52  staffing  or programming to accommodate the particular needs of eligible
    53  inmates pursuant to the operation agreement. No inmate shall  be  housed
    54  in  any  alternate  correctional  facility  until such facility has been
    55  established in accordance with the provisions of section eighty-nine  of
    56  this article. The population in an alternate correctional facility shall

        A. 9939                            13
 
     1  not  exceed  its design capacity of approximately seven hundred eligible
     2  inmates except pursuant to variances permitted by  law,  rule  or  regu-
     3  lation or court order.
     4    2.  Notwithstanding any other provisions of law, no variance authoriz-
     5  ing an alternate correctional facility to  exceed  its  design  capacity
     6  shall  be  granted  after  March  fifteenth, nineteen hundred ninety-two
     7  unless the mayor of the city of New  York  submits,  together  with  the
     8  variance  request, a certificate of emergency demonstrating the need for
     9  such variance and that reasonable alternatives to the  granting  of  the
    10  variance  do  not  exist,  and containing a detailed summary of measures
    11  that will be taken to restore compliance with such design capacity.  The
    12  [chairman of the state commission of  correction]  commissioner  of  the
    13  office of the correctional ombudsman shall transmit, in a timely manner,
    14  notice  of  such  request  to  the  chairmen  of  the  senate  crime and
    15  correction committee and the assembly correction committee.
    16    § 9. Subdivision 1 of section 89-e of the correction law,  as  amended
    17  by section 47 of part A of chapter 56 of the laws of 2010, is amended to
    18  read as follows:
    19    1.  The  alternate correctional facility review panel is hereby estab-
    20  lished and shall consist of the commissioner, [the chairman of the state
    21  commission of correction] the commissioner of the office of the  correc-
    22  tional  ombudsman,  the chairman of the board of parole, the director of
    23  the office of probation and correctional alternatives, the  commissioner
    24  of  correction  of  the  city of New York, the president of the New York
    25  State Sheriffs' Association Institute, Inc., and the  president  of  the
    26  Correctional  Association  of  New York or their designees. The governor
    27  shall appoint a chairman and vice-chairman from among the members.
    28    § 10. Section 89-f of the correction law, as added by chapter  549  of
    29  the laws of 1987, is amended to read as follows:
    30    §  89-f. Oversight. The [state commission of correction] office of the
    31  correctional  ombudsman  shall  exercise  the  same  powers  and  duties
    32  concerning  each  alternate  correctional  facility  as the [commission]
    33  office is required to exercise concerning a New York state  correctional
    34  facility. The [commission] office shall prepare an annual report on each
    35  alternate  correctional  facility  which  shall  evaluate and assess the
    36  department's compliance with all rules  and  regulations  applicable  to
    37  that  facility  and  the  operation agreement and which shall include an
    38  analysis of the frequency and severity  of  all  unusual  incidents  and
    39  assaults  occurring  in that facility. The annual reports shall be filed
    40  with the governor, the mayor of the city of New York,  the  chairman  of
    41  the  senate  crime  and  correction  committee,  and the chairman of the
    42  assembly committee on correction no later than the first day of June  of
    43  each year.
    44    §  11.  Subdivision 1 of section 112 of the correction law, as amended
    45  by section 19 of subpart A of part C of chapter 62 of the laws of  2011,
    46  is amended to read as follows:
    47    1.  The  commissioner  of  corrections and community supervision shall
    48  have the superintendence, management and  control  of  the  correctional
    49  facilities in the department and of the inmates confined therein, and of
    50  all  matters relating to the government, discipline, policing, contracts
    51  and fiscal concerns thereof. He or she shall have the power and it shall
    52  be his or her duty to inquire  into  all  matters  connected  with  said
    53  correctional  facilities  and  to  report any allegations of corruption,
    54  fraud, criminal activity, conflicts of interest or abuse to  the  office
    55  of  the  correctional  ombudsman for investigation, as well as report to
    56  such office on other correctional issues, including, but not limited to,

        A. 9939                            14
 
     1  staff recruitment, training,  supervision,  discipline,  inmate  deaths,
     2  medical  and  mental  health care, use of force, inmate violence, condi-
     3  tions of confinement,  inmate  disciplinary  process,  inmate  grievance
     4  process,  substance-abuse  treatment,  educational, vocational and other
     5  programming and re-entry planning. He or she shall make such  rules  and
     6  regulations,  not  in  conflict with the statutes of this state, for the
     7  government of  the  officers  and  other  employees  of  the  department
     8  assigned to said facilities, and in regard to the duties to be performed
     9  by  them,  and  for  the  government and discipline of each correctional
    10  facility, as he or she may deem proper, and shall cause such  rules  and
    11  regulations  to be recorded by the superintendent of the facility, and a
    12  copy thereof to be furnished to each employee assigned to the  facility.
    13  He  or  she  shall also prescribe a system of accounts and records to be
    14  kept at each correctional facility, which system shall be uniform at all
    15  of said facilities, and he or she shall also make rules and  regulations
    16  for  a  record of photographs and other means of identifying each inmate
    17  received into said facilities. He  or  she  shall  appoint  and  remove,
    18  subject  to  the  civil  service law and rules, subordinate officers and
    19  other employees of the  department  who  are  assigned  to  correctional
    20  facilities.
    21    §  12.  Subdivision 1 of section 146 of the correction law, as amended
    22  by chapter 234 of the laws of 2013, is amended to read as follows:
    23    1. The following persons shall be authorized to visit at pleasure  all
    24  correctional  facilities:  The governor and lieutenant-governor, commis-
    25  sioner of general services, secretary of state, comptroller  and  attor-
    26  ney-general,  members  of the commission of correction, any employee of,
    27  or person under contract to, the office of the  correctional  ombudsman,
    28  members  of the correctional oversight board, members of the legislature
    29  and any employee of the department as requested by  the  member  of  the
    30  legislature  if  the member requests to be so accompanied, provided that
    31  such request does not impact upon the department's ability to supervise,
    32  manage and control its facilities as  determined  by  the  commissioner,
    33  judges  of  the  court  of  appeals,  supreme  court  and county judges,
    34  district attorneys and every clergyman or minister, as  such  terms  are
    35  defined  in section two of the religious corporations law, having charge
    36  of a congregation in the county wherein any such facility  is  situated.
    37  No  other  person  not otherwise authorized by law shall be permitted to
    38  enter a correctional facility except by authority of the commissioner of
    39  correction under such regulations as the commissioner  shall  prescribe.
    40  The  provisions  of  this  section  shall not apply to such portion of a
    41  correctional facility in which  inmates  under  sentence  of  death  are
    42  confined.
    43    §  13. Section 853 of the correction law, as amended by chapter 757 of
    44  the laws of 1981, is amended to read as follows:
    45    § 853. Reporting and information. To ensure the  accurate  maintenance
    46  and availability of statistics and records with respect to participation
    47  in temporary release programs, the department shall maintain the follow-
    48  ing information relative to the operation of temporary release programs:
    49    (a) number of inmate participants in each temporary release program;
    50    (b)  number  of  inmates  participating  in temporary release for whom
    51  written approval of the commissioner was required pursuant  to  subdivi-
    52  sion two of section eight hundred fifty-one of this chapter;
    53    (c)  number  and type of individual programs approved for each partic-
    54  ipant;
    55    (d) approved participating employers and educational institutions;
    56    (e) number of inmates arrested;

        A. 9939                            15
 
     1    (f) inmates involuntarily returned for violations by institution;
     2    (g) absconders still at large;
     3    (h) number of disciplinary proceedings initiated and the results ther-
     4  eof;
     5    (i)  number  of temporary release committee decisions appealed and the
     6  results thereof by institution;
     7    (j) reports or information  made  available  to  the  department  with
     8  respect  to the participation of individuals in such programs, including
     9  any incidents of absconding or re-arrest.
    10    The  department  shall  also  forward  to  the  [state  commission  of
    11  correction]  office  of  the  correctional  ombudsman  quarterly reports
    12  including, but not limited to, the information  identified  in  subdivi-
    13  sions  (a),  (b),  (d),  (e), (f) and (g) of this section and such other
    14  information requested by the [commission] office  or  available  to  the
    15  department with respect to such programs.
    16    §  14.  Section  854 of the correction law, as added by chapter 691 of
    17  the laws of 1977, is amended to read as follows:
    18    § 854. Evaluation and recommendation. In recognition of the  need  for
    19  an  independent  evaluation  of,  and  recommendations  with respect to,
    20  temporary release, the [commission of correction] office of the  correc-
    21  tional ombudsman shall evaluate and assess the administration and opera-
    22  tion  of all temporary release programs conducted pursuant to this arti-
    23  cle and shall submit to the governor and the legislature by March first,
    24  [nineteen hundred seventy-eight] two  thousand  nineteen,  its  findings
    25  together  with  any recommendations with respect to the proper operation
    26  or the improvement of such temporary release programs.
    27    § 15. Section 857 of the correction law, as added  by chapter  691  of
    28  the laws of 1977, is amended to read as follows:
    29    §  857.  Complaint  and  abuse  review.  Any  person may submit to the
    30  [commission of correction] office  of  the  correctional  ombudsman  any
    31  complaint  he  or  she  may  have  concerning programmatic abuses.   The
    32  [commission of correction] office shall evaluate  such  complaints  and,
    33  where  indicated,  conduct any needed investigation. If the [commission]
    34  office concludes that a complaint is valid, the  [commission]  ombudsman
    35  shall  make  recommendations  to  the  department for corrective action.
    36  Where the [commission] office believes  sufficient  evidence  exists  to
    37  support  a  criminal  charge,  the [commission] office shall report such
    38  evidence to the appropriate law enforcement agencies.
    39    § 16. Subdivision 6 of section 677 of the county law,  as  amended  by
    40  chapter 490 of the laws of 2015, is amended to read as follows:
    41    6.  Notwithstanding section six hundred seventy of this article or any
    42  other provision of law, the  coroner,  coroner's  physician  or  medical
    43  examiner  shall  promptly provide the chairman of the correction medical
    44  review board or the commissioner  of  the  office  of  the  correctional
    45  ombudsman and the commissioner of corrections and community supervision,
    46  as  appropriate, with copies of any autopsy report, toxicological report
    47  or any report of any examination or inquiry prepared with respect to any
    48  death occurring to an inmate of a correctional facility  as  defined  by
    49  subdivision  three  of section forty of the correction law within his or
    50  her county; and shall promptly provide the  executive  director  of  the
    51  justice  center  for  the  protection  of people with special needs with
    52  copies of any autopsy report, toxicology report or  any  report  of  any
    53  examination or inquiry prepared with respect to the death of any service
    54  recipient occurring while he or she was a resident in any facility oper-
    55  ated,  licensed  or  certified  by  any  agency within the department of
    56  mental hygiene, the office of children and family services, the  depart-

        A. 9939                            16
 
     1  ment  of  health or the state education department. If the toxicological
     2  report is prepared pursuant  to  any  agreement  or  contract  with  any
     3  person, partnership, corporation or governmental agency with the coroner
     4  or  medical  examiner,  such  report  shall  be promptly provided to the
     5  chairman of the correction medical review board, the commissioner of the
     6  office of the correctional ombudsman, the  commissioner  of  corrections
     7  and  community  supervision  or  the  executive  director of the justice
     8  center for people with special needs, as appropriate,  by  such  person,
     9  partnership, corporation or governmental agency.
    10    §  17. Section 2.10 of the criminal procedure law is amended by adding
    11  a new subdivision 84 to read as follows:
    12    84. Investigators of the office of the correctional ombudsman.
    13    § 18. Subdivision 2 of section 285 of the education law, as  added  by
    14  section  6  of  part  O of chapter 57 of the laws of 2005, is amended to
    15  read as follows:
    16    2. The commissioner is authorized to expend up to one  hundred  seven-
    17  ty-five  thousand  dollars  annually to provide grants to public library
    18  systems operating under an approved plan of  service  for  provision  of
    19  services to county jail facilities. Such formula grants shall assist the
    20  library  system  in  making  available  to the inmate population of such
    21  facility or facilities the library resources of such system. Such grants
    22  shall be available to each public library system in such  manner  as  to
    23  insure  that  the ratio of the amount each system is eligible to receive
    24  equals the ratio of the number of inmates  served  by  the  county  jail
    25  facility to the total number of inmates served by county jail facilities
    26  in the state as of July first of the year preceding the calendar year in
    27  which  the  state  aid  to  public library systems is to be paid. Inmate
    28  populations shall be certified by the  [New  York  state  commission  of
    29  correction]    office  of  the  correctional ombudsman. The commissioner
    30  shall adopt any regulations necessary to  carry  out  the  purposes  and
    31  provisions of this subdivision.
    32    §  19.  Section  63  of  the  executive law is amended by adding a new
    33  subdivision 17 to read as follows:
    34    17. Investigate the alleged commission  of  any  criminal  offense  or
    35  offenses  committed  by an employee of the department of corrections and
    36  community supervision in connection with the performance of his  or  her
    37  official  duties,  and  prosecute any such person or persons believed to
    38  have committed such criminal offense or offenses in connection with  the
    39  performance of his or her official duties. The attorney general may only
    40  exercise  the  jurisdiction  provided by this subdivision upon a written
    41  finding that such jurisdiction is necessary because: (a) of  a  lack  of
    42  alternative prosecutorial resources to adequately investigate and prose-
    43  cute  such  criminal  offense  or  offenses or, (b) the exercise of such
    44  jurisdiction is necessary to ensure the confidence of the public in  the
    45  judicial  system.  In  all  such  proceedings,  the attorney general may
    46  appear in person or by his or her deputy or assistant before  any  court
    47  or  grand  jury  and  exercise  all of the powers and perform all of the
    48  duties with respect to such actions or proceedings  which  the  district
    49  attorney  would  otherwise  be  authorized  or  required  to exercise or
    50  perform.
    51    § 20. Paragraph (a) of subdivision 1 of section 169 of  the  executive
    52  law,  as  amended  by  section  9 of part A of chapter 60 of the laws of
    53  2012, is amended to read as follows:
    54    (a) commissioner of corrections and community supervision, commission-
    55  er of the office of the correctional ombudsman, commissioner  of  educa-
    56  tion, commissioner of health, commissioner of mental health, commission-

        A. 9939                            17

     1  er  of  developmental  disabilities, commissioner of children and family
     2  services, commissioner of temporary and disability assistance,  chancel-
     3  lor of the state university of New York, commissioner of transportation,
     4  commissioner  of  environmental  conservation,  superintendent  of state
     5  police, commissioner of general services, commissioner of  the  division
     6  of  homeland  security and emergency services and the executive director
     7  of the state gaming commission;
     8    § 21. Subdivision 9 of section 837-a of the executive law, as added by
     9  section 4 of part Q of chapter 56 of the laws of  2009,  is  amended  to
    10  read as follows:
    11    9. In consultation with the state commission of correction, the office
    12  of the correctional ombudsman and the municipal police training council,
    13  establish  and  maintain  basic and other correctional training programs
    14  for such personnel employed by correctional facilities  as  the  commis-
    15  sioner  shall  deem  necessary. Such basic correctional training program
    16  shall be satisfactorily completed  by  such  personnel  prior  to  their
    17  undertaking  their duties or within one year following the date of their
    18  appointment  or  at  such  times  as  the  commissioner  may  prescribe.
    19  Provided,  however,  the  commissioner  may, after consultation with the
    20  state commission of correction or the office of correctional  ombudsman,
    21  exempt  from  such  requirement  personnel  employed by any correctional
    22  facility which, in the opinion of the commissioner,  maintains  a  basic
    23  correctional training program of a standard equal to or higher than that
    24  established  and  maintained  by  the division; or revoke in whole or in
    25  part such exemption, if in his or her opinion the standards of the basic
    26  correctional training program maintained by such facility are lower than
    27  those established pursuant to this article.
    28    § 22. Subdivision (c) of section 33.13 of the mental  hygiene  law  is
    29  amended by adding a new paragraph 18 to read as follows:
    30    18. to the office of the correctional ombudsman.
    31    §  23.  Subdivision  1  of  section  2782  of the public health law is
    32  amended by adding a new paragraph (r) to read as follows:
    33    (r) an employee or agent of the office of the  correctional  ombudsman
    34  in  order  to  carry  out the office's functions, powers and duties with
    35  respect to the protected individual, pursuant to article three-A of  the
    36  correction law.
    37    §  24.  Paragraph  (a)  of subdivision 2 of section 2786 of the public
    38  health law, as added by chapter 584 of the laws of 1988, is  amended  to
    39  read as follows:
    40    (a)  Each  state  agency authorized pursuant to this article to obtain
    41  confidential HIV related information shall,  in  consultation  with  the
    42  department  of  health,  promulgate  regulations:  (1) to provide [safe-
    43  quards] safeguards to prevent discrimination,  abuse  or  other  adverse
    44  actions  directed  toward  protected  individuals;  (2)  to prohibit the
    45  disclosure of such information except in accordance with  this  article;
    46  (3)  to  seek to protect individuals in contact with the protected indi-
    47  vidual when such contact creates a significant risk  of  contracting  or
    48  transmitting  HIV  infection through the exchange of body fluids[,]; and
    49  (4) to establish criteria for determining when it is  reasonably  neces-
    50  sary for a provider of a health or social service or the state agency or
    51  a  local  government  agency  to have or to use confidential HIV related
    52  information for  supervision,  monitoring,  investigation,  or  adminis-
    53  tration and for determining which employees and agents may, in the ordi-
    54  nary  course  of  business  of  the agency or provider, be authorized to
    55  access confidential HIV related information pursuant to  the  provisions
    56  of  paragraphs  (l)  and  (m)  of subdivision one and subdivision six of

        A. 9939                            18
 
     1  section twenty-seven hundred eighty-two of this  article;  and  provided
     2  further that such regulations shall be promulgated by the chairperson of
     3  the commission of correction or the office of the correctional ombudsman
     4  where  disclosure  is made pursuant to paragraphs (n) [and], (o), or (r)
     5  of subdivision one of section twenty-seven hundred  eighty-two  of  this
     6  article.
     7    §  25.  Subdivision  8  of  section  92 of the public officers law, as
     8  amended by section 135 of subpart B of part C of chapter 62 of the  laws
     9  of 2011, is amended to read as follows:
    10    (8)  Public  safety  agency  record.  The  term  "public safety agency
    11  record" means a record of the state commission of correction, the office
    12  of the correctional ombudsman, the temporary state commission of  inves-
    13  tigation,  the  department of corrections and community supervision, the
    14  office of children and family services, the office of  victim  services,
    15  the office of probation and correctional alternatives or the division of
    16  state  police  or of any agency or component thereof whose primary func-
    17  tion is the enforcement of civil or criminal  statutes  if  such  record
    18  pertains  to  investigation,  law enforcement, confinement of persons in
    19  correctional facilities or supervision of persons pursuant  to  criminal
    20  conviction or court order, and any records maintained by the division of
    21  criminal justice services pursuant to sections eight hundred thirty-sev-
    22  en,  eight  hundred  thirty-seven-a, eight hundred thirty-seven-b, eight
    23  hundred thirty-seven-c, eight hundred thirty-eight, eight hundred  thir-
    24  ty-nine,  and  eight  hundred forty-five of the executive law and by the
    25  department of state pursuant to section  ninety-nine  of  the  executive
    26  law.
    27    §  26.  Subdivision  1 of section 460-c of the social services law, as
    28  amended by chapter 838 of the laws  of  1987,  is  amended  to  read  as
    29  follows:
    30    1.  Excepting  state institutions for the education and support of the
    31  blind, the deaf and the dumb, facilities subject to the approval,  visi-
    32  tation  and  inspection  of  the state department of mental hygiene, the
    33  office  of  the  correctional  ombudsman  or  the  state  commission  of
    34  correction, facilities operated by or under the supervision of the divi-
    35  sion  for youth and facilities subject to the supervision of the depart-
    36  ment of health pursuant to article twenty-eight  of  the  public  health
    37  law,  the  department  shall  inspect  and maintain supervision over all
    38  public and private facilities or agencies whether state, county, munici-
    39  pal, incorporated or not incorporated which are  in  receipt  of  public
    40  funds, which are of a charitable, eleemosynary, correctional or reforma-
    41  tory  character,  including facilities or agencies exercising custody of
    42  dependent, neglected, abused, maltreated, abandoned or delinquent  chil-
    43  dren, agencies engaged in the placing-out or boarding-out of children as
    44  defined  in  section three hundred seventy-one of this chapter, homes or
    45  shelters for unmarried mothers,  residential  programs  for  victims  of
    46  domestic  violence as defined in subdivision [five] four of section four
    47  hundred fifty-nine-a of this chapter and adult care facilities.
    48    § 27. This act shall take effect one year after it shall have become a
    49  law.
Go to top