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; includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
2175
2021-2022 Regular Sessions
IN SENATE
January 20, 2021
___________
Introduced by Sens. SEPULVEDA, BENJAMIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Crime
Victims, Crime and 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04476-01-1
S. 2175 2
1 54. Additional functions, powers and duties of the office of the
2 ombudsman.
3 55. Additional duties of the department.
4 56. Obstructing an investigation by the correctional ombudsman.
5 § 50. Definitions. For the purposes of this article, the following
6 terms shall have the following meanings:
7 1. "Office" refers to the office of the correctional ombudsman.
8 2. "Ombudsman" refers to the commissioner of the office of the correc-
9 tional ombudsman.
10 § 51. Office of the correctional ombudsman; organization. In order to
11 achieve transparency, fairness, impartiality and accountability in our
12 state correctional facilities, there shall be an independent office of
13 the correctional ombudsman within the executive department. The ombuds-
14 man shall report to the correctional oversight board established pursu-
15 ant to section fifty-two of this article, provided, however, that admin-
16 istrative matters of general application within the executive department
17 shall be also applicable to the office.
18 1. Following the initial appointment of the members of the correction-
19 al oversight board established pursuant to section fifty-two of this
20 article, such board shall promptly nominate a full-time ombudsman and
21 notify the governor of such nomination. Nothing in this subdivision
22 shall prohibit the board from appointing an interim ombudsman if there
23 is a vacancy.
24 2. The governor, within thirty days after receiving written notice of
25 any nomination of an ombudsman made pursuant to subdivision one of this
26 section, may approve or disapprove such nomination. If the governor
27 approves such nomination, or fails to act on such nomination within such
28 thirty day period, the nominee shall thereupon commence his or her term
29 as ombudsman. If, within such thirty day period, the governor serves
30 upon the chair of such board a written notice disapproving such nomi-
31 nation, the nominee shall not be authorized to serve as ombudsman
32 provided, however, that such board may authorize an interim ombudsman
33 appointed pursuant to subdivision one fo this section to serve or
34 continue to serve as interim ombudsman until such time as an ombudsman
35 is approved, or not timely disapproved, by the governor. Following any
36 disapproval, the board shall have sixty days to submit another nominee,
37 although such period may be extended, upon request of the board, by the
38 governor. A person appointed as interim ombudsman may exercise all of
39 the powers available to the ombudsman.
40 3. The ombudsman may not have worked for the department within the
41 last ten years and may not hold any public office or other employment.
42 The ombudsman shall serve a six-year term and may only be removed for
43 good cause shown, after notice and an opportunity to be heard, by a vote
44 of two-thirds or more of the twelve members of the board.
45 § 52. Correctional oversight board. 1. There is hereby created the
46 correctional oversight board hereinafter referred to in this section as
47 the "board". The purpose of such board shall be to monitor, study and
48 make efforts to improve the transparency, fairness, impartiality and
49 accountability in state correctional facilities and to appoint the
50 ombudsman. No current employee of the department shall be appointed to
51 or serve on such board. The board shall consist of twelve members who
52 shall be appointed as follows:
53 (a) one shall be the state inspector general;
54 (b) two shall be appointed by the governor on the recommendation of
55 the senate;
S. 2175 3
1 (c) two shall be appointed by the governor on the recommendation of
2 the assembly;
3 (d) two shall be appointed by the governor from a list of at least six
4 nominees submitted by non-profit agencies working in the fields of
5 re-entry or prisoner advocacy;
6 (e) one shall be appointed by the governor and shall be a former state
7 inmate;
8 (f) one shall be appointed by the governor and shall be a former
9 employee of the department who is no longer in state service;
10 (g) one shall be an attorney appointed by the governor from a list of
11 at least four nominees submitted by the state bar association;
12 (h) one shall be a medical professional appointed by the governor; and
13 (i) one shall be a mental health professional who works with the
14 Justice Center for the Protection of People with Special Needs appointed
15 by the governor.
16 2. All members of the board shall be appointed for terms of three
17 years with such terms to commence on August first, and expire July thir-
18 ty-first, provided, however, that the inspector general shall serve ex
19 officio. Initial appointments must be made within sixty days of the
20 effective date of this subdivision. Any member chosen to fill a vacancy
21 created otherwise than by expiration of term shall be appointed for the
22 unexpired term of the member whom he or she is to succeed. Vacancies
23 caused by expiration of a term or otherwise shall be filled promptly and
24 in the same manner as original appointments. Any member may be reap-
25 pointed for additional terms. A member of the board shall continue in
26 such position upon the expiration of his or her term until such time as
27 he or she is reappointed or his or her successor is appointed, as the
28 case may be.
29 3. Membership on the board shall not constitute the holding of an
30 office, and members of the board shall not be required to take and file
31 oaths of office before serving on the board. The board shall not have
32 the right to exercise any portion of the sovereign power of the state.
33 4. The board shall meet at least two times in each year. The first
34 meeting of the board shall be held within thirty days of the appointment
35 of the full board or within sixty days after the effective date of this
36 subdivision, whichever occurs earlier. Special meetings may be called by
37 the chair and shall be called by the chair upon the request of at least
38 five members of the board. The board may establish its own procedures
39 with respect to the conduct of its meetings and other affairs; provided,
40 however, that the quorum and majority provisions of section forty-one of
41 the general construction law shall govern all actions taken by the
42 board.
43 5. The members of the board shall receive no compensation for their
44 services but shall be allowed their actual and necessary expenses
45 incurred in the performance of their functions hereunder.
46 6. No member of the board shall be disqualified from holding any
47 public office or employment outside of the department, nor shall he or
48 she forfeit any such office or employment, by reason of his or her
49 appointment pursuant to this section, notwithstanding the provisions of
50 any other general, special or local law, ordinance or city charter.
51 7. The board shall make recommendations to the ombudsman for the
52 improvement of the department's policies and consult with and advise the
53 office of the correctional ombudsman in carrying out the duties and
54 responsibilities of such office. The ombudsman shall report to the
55 board fully on the activities of the office and shall seek board
56 approval on all major decisions or policy changes, including any stand-
S. 2175 4
1 ards or protocols adopted by the ombudsman for the inspection and moni-
2 toring of correctional facilities or the resolution of complaints
3 received by the office.
4 8. Each member of the board shall tour a correctional facility with
5 the ombudsman at least annually.
6 § 53. Powers of the ombudsman. 1. The ombudsman shall have the
7 authority to hire and retain counsel to provide confidential advice or
8 to represent the ombudsman if the attorney general has a conflict in
9 representing the ombudsman in any litigation.
10 2. The office of the ombudsman shall not be located in the same build-
11 ing or buildings as the department but shall be wholly independent of
12 the department except that the department shall provide it with office
13 space, equipment and furnishings within any department facility as need-
14 ed to carry out its functions and duties.
15 3. The ombudsman may appoint such assistants, officers, investigators,
16 monitors, employees and consultants as he or she shall determine neces-
17 sary, prescribe their duties and powers, provide them with appropriate
18 training, fix their compensation and provide for reimbursement of their
19 expenses within the amounts appropriated therefor except that the
20 ombudsman shall not hire any person known to be directly or indirectly
21 involved in an open internal affairs investigation conducted by any
22 federal, state or local agency or who is a named defendant in a pending
23 federal or state lawsuit or criminal proceeding relating to his or her
24 prior work for a state, local or federal correctional or law enforcement
25 agency. The ombudsman may appoint a representative to carry out any of
26 his or her duties under this article except that the ombudsman must
27 attend meetings with the correctional oversight board.
28 4. The ombudsman may create, abolish, transfer and consolidate bureaus
29 and other units within the office as he or she may determine necessary
30 for the efficient operation of the office, subject to the approval of
31 the director of the budget.
32 5. The ombudsman may request and shall receive from any department,
33 division, bureau, commission or any other agency of the state or poli-
34 tical subdivision thereof or any public authority such assistance,
35 information and data as will enable the office to carry out its func-
36 tions, powers and duties.
37 6. The ombudsman shall be responsible for the contemporaneous public
38 oversight of internal affairs and the disciplinary process of the
39 department of corrections and community supervision. The ombudsman
40 shall have discretion to provide oversight of any department investi-
41 gation relating to the well-being, treatment, discipline, safety or any
42 other matter concerning inmates or persons under community supervision
43 as needed, including personnel investigations.
44 7. The ombudsman may review specific policies, practices, programs and
45 procedures of the department that raise a significant correctional issue
46 relevant to the well-being, treatment, discipline, safety, rehabili-
47 tation or any other matter concerning inmates or persons under community
48 supervision. The ombudsman is authorized to inspect, investigate or
49 examine all aspects of the department's operations and conditions,
50 including, but not limited to, staff recruitment, training, supervision,
51 discipline, inmate deaths, medical and mental health care, use of force,
52 inmate violence, conditions of confinement, inmate disciplinary process,
53 inmate grievance process, substance-abuse treatment, educational, voca-
54 tional and other programming and re-entry planning. During the course of
55 a review the ombudsman shall identify areas of full and partial compli-
56 ance or noncompliance with departmental policies and procedures, specify
S. 2175 5
1 deficiencies in the completion and documentation of processes and recom-
2 mend corrective actions, including, but not limited to, additional
3 training, additional policies or changes in policies, as well as any
4 other findings or recommendations he or she deems appropriate.
5 8. The ombudsman may place such members of his or her staff as he or
6 she deems appropriate as monitors in any correctional facility which, in
7 the judgment of the ombudsman, presents an imminent danger to the health
8 safety or security of inmates or employees of such correctional facility
9 or the public.
10 9. The ombudsman shall accept, with the approval of the governor, as
11 agent of the state any grant, including federal grants, or any gift for
12 any of the purposes of this article. Any moneys so received may be
13 expended by the ombudsman to effectuate any purpose of this article,
14 subject to the same limitations as to approval of expenditures and audit
15 as are prescribed for state moneys appropriated for the purposes of this
16 article.
17 10. The ombudsman may enter into contracts with any person, firm,
18 corporation, municipality, or governmental agency.
19 11. The ombudsman shall adopt, amend or rescind such rules and regu-
20 lations, in accordance with applicable state law, as may be necessary or
21 convenient to the performance of the functions, powers and duties of the
22 office.
23 12. The ombudsman shall do all other things necessary or convenient to
24 carry out its functions, powers and duties expressly set forth in this
25 article.
26 13. When exigent circumstances of unsafe or life threatening situ-
27 ations arise involving inmates, staff, people on community supervision
28 or other individuals, the ombudsman shall notify the governor, the
29 temporary president of the senate and the speaker of the assembly and
30 commence an immediate review of such circumstances. Upon completion of a
31 review, the ombudsman shall prepare a complete written report which
32 shall be disclosed with the underlying materials that the ombudsman
33 deems appropriate to the commissioner, the requesting entity and any
34 appropriate law enforcement agency.
35 14. (a) The ombudsman shall interview and review all candidates for
36 appointment to serve as the superintendent of any state correctional
37 facility. The commissioner shall submit the names of such candidates to
38 the ombudsman who shall review such candidates' qualifications and
39 employ confidential procedures to evaluate the qualifications of each
40 candidate with regard to his or her ability to discharge the duties of
41 the office to which he or she is being appointed. Within ninety days of
42 the submission of a candidate's name, the ombudsman shall confidentially
43 advise the commissioner as to whether such candidate is well-qualified,
44 qualified or not qualified and the reasons therefore and may report, in
45 confidence, any other information that the ombudsman deems pertinent to
46 the qualification of the candidate. The ombudsman shall establish and
47 adopt rules and procedures regarding the review of candidates for the
48 position of superintendent and for maintaining the confidentiality of
49 any interviews, documents or other information relied upon in his or her
50 review. All such information shall be privileged and not subject to
51 disclosure.
52 (b) If the commissioner appoints a superintendent who the ombudsman
53 found was not qualified, the ombudsman shall make public that finding
54 after due notice to the appointee. Any candidate found to be not quali-
55 fied by the ombudsman shall have the right to withdraw from consider-
56 ation before the ombudsman makes such public finding and in that case
S. 2175 6
1 the finding shall not be published. Such notice and public finding
2 shall not constitute a waiver of privilege or breach of confidentiality
3 concerning the ombudsman's review of the appointee's qualifications
4 pursuant to this section.
5 15. Notwithstanding any law to the contrary, the ombudsman shall
6 periodically, but not less than every three years, conduct inspections
7 of each correctional facility and shall periodically review delivery of
8 medical and mental health care at each correctional facility. The
9 ombudsman shall issue a public report on each correctional facility at
10 least every three years. The ombudsman need not notify the department
11 before commencing such inspection or review.
12 16. All records, correspondence, videotapes, audiotapes, photographs,
13 notes, electronic communications, books, memoranda, papers or other
14 documents or objects used as evidence to support a completed review or
15 investigation must be retained for three years after a report is issued
16 unless handed over to a law enforcement agency for criminal investi-
17 gation. No such documents or evidence shall be destroyed pending the
18 completion of an investigation or review. Such documents or evidence
19 shall be publicly available unless confidential and not subject to
20 disclosure under the freedom of information law or by court order.
21 17. Notwithstanding any other provision of the law the ombudsman shall
22 have complete access and authority to examine and reproduce any and all
23 past and current books, accounts, reports, medical and mental health
24 records, vouchers, correspondence files, computer files, computer data
25 bases, documents, video and audio tape recordings, statistics and
26 performance based outcome measures and any and all other past and
27 current records and to examine the bank accounts, money or property of
28 the department. Any state office or agency of a political subdivision
29 of the state or other public entity or employee or officer thereof
30 possessing such records or property shall permit access to, and examina-
31 tion and reproduction thereof, consistent with the provisions of this
32 article, upon the request the ombudsman or his or her designee. Access,
33 examination and reproduction consistent with the provision of this
34 section shall not result in the waiver of any confidentiality or privi-
35 lege regarding any records or property.
36 18. The ombudsman may require any state employee to be interviewed on
37 a confidential basis. Such employee must comply with the request to be
38 interviewed and must be given time off from his or her employment for
39 the purposes of attending such an interview and may be accompanied by
40 counsel acting on his or her behalf. The ombudsman may also conduct a
41 confidential interview of any inmate or other person upon consent.
42 19. The ombudsman may enter anywhere on the grounds of any department
43 facility or office for the purposes of observation, inspection and
44 investigation and shall have unfettered access to all areas of the
45 department and any facility at any time.
46 20. The ombudsman may cause the body of a deceased inmate to undergo
47 such examinations, including an autopsy, as he or she deems necessary to
48 determine the cause of death, irrespective of whether any such examina-
49 tion or autopsy shall have been previously performed.
50 21. (a) In the exercise of its functions, powers and duties, the
51 ombudsman and any attorney employed by the office is authorized to issue
52 and enforce a subpoena and a subpoena duces tecum, administer oaths and
53 examine persons under oath, in accordance with and pursuant to the civil
54 practice law and rules. A person examined under oath pursuant to this
55 subdivision shall have the right to be accompanied by counsel who shall
56 advise the person of his or her rights subject to reasonable limitations
S. 2175 7
1 to prevent obstruction of, or interference with, the orderly conduct of
2 the examination. Notwithstanding any other provision of law, a subpoena
3 may be issued and enforced pursuant to this subdivision for the medical
4 records of an inmate of a correctional facility, regardless of whether
5 such medical records were made during the course of the inmate's incar-
6 ceration.
7 (b) In any case where a person in charge or control of a correctional
8 facility or an officer or employee thereof shall fail to comply with the
9 provisions of paragraph (a) of this subdivision, or in any case where a
10 coroner, coroner's physician or medical examiner shall fail to comply
11 with the provisions of subdivision six of section six hundred seventy-
12 seven of the county law, the ombudsman may apply to the supreme court
13 for an order directed to such person requiring compliance therewith.
14 Upon such application the court may issue such order as may be just and
15 a failure to comply with the order of the court shall be a contempt of
16 court and punishable as such.
17 22. The ombudsman shall not be compelled to testify or release records
18 without a court order that are otherwise exempt from public disclosure,
19 including documents pertaining to any investigation that has not been
20 completed or any identifying information, personal papers or correspond-
21 ence with any person who has requested assistance from the office unless
22 that person consents in writing to the release of such information,
23 papers or correspondence.
24 23. The ombudsman may hold public hearings.
25 § 54. Additional functions, powers and duties of the office of the
26 ombudsman. 1. The office may receive communications from any individual
27 who believes he or she may have information that may describe improper
28 governmental activities or wrongdoing within the department. Inmate
29 mail to and from the ombudsman shall be treated in the same manner as
30 legal mail and may not be restricted by the department, the office of
31 mental health or any other entity.
32 (a) The ombudsman shall establish a toll-free telephone number for the
33 purpose of identifying any alleged wrongdoing by an employee of the
34 department. This telephone number shall be posted by the department in
35 clear view of employees, inmates and the public, and inmates shall be
36 permitted to call such number during normal hours for telephone usage or
37 within twenty-four hours of admission to a special housing unit or other
38 unit with restricted telephone access. Telephone calls made to such
39 toll-free number from a correctional facility shall not be recorded by
40 the department and are protected confidential communications. The
41 ombudsman shall also maintain a website with a complaint form that may
42 be filled out online and shall also accept complaints by mail or other
43 means alleging wrongdoing by an employee of the department. When
44 requested, the ombudsman shall initiate a review of any such alleged
45 wrongdoing which may result in an investigation of the alleged wrongdo-
46 ing at the ombudsman's discretion.
47 (b) At the conclusion of an investigation of a complaint, the ombuds-
48 man shall report his or her findings to the complainant and any person
49 designated to receive such findings by the complainant. If the ombudsman
50 does not investigate a complaint, he or she shall notify the complainant
51 and such other person of the decision not to investigate and the reasons
52 for the decision. If the complainant is deceased at the time of the
53 completion of an investigation, the ombudsman shall report his or her
54 findings to the complainant's next of kin when such person is known to
55 the ombudsman or to the department.
S. 2175 8
1 (c) The ombudsman may act informally to resolve a complaint including
2 providing referrals or information to complainants, expediting individ-
3 ual matters, mediating or providing other assistance.
4 (d) All identifying information and any personal records or corre-
5 spondence from any person who initiated the review of such alleged
6 wrongdoing shall be confidential unless the person consents to disclo-
7 sure in writing.
8 (e) Where the ombudsman believes that an allegation of criminal
9 misconduct has been made by a complainant, he or she shall report such
10 allegation to the appropriate law enforcement agency.
11 2. Upon receiving a complaint of retaliation for complaining to or
12 cooperating with the ombudsman, the ombudsman shall commence an inquiry
13 into the complaint and conduct a formal investigation. Should the
14 ombudsman find that a complaint of retaliation is founded as a result of
15 an investigation, he or she shall so notify the department and make
16 recommendations for corrective action to be taken by the department. The
17 ombudsman shall make the results and supporting evidence of its formal
18 investigation available to the division of human rights should an
19 employee file a retaliation complaint with such agency and consent to
20 such disclosure in writing.
21 3. To facilitate oversight, the office shall be immediately notified
22 by the department of all unusual and significant incidences including,
23 but not limited to, riots or fights involving multiple combatants, use
24 of force, inmate deaths, serious physical assaults on employees or
25 inmates, work stoppages and escapes and shall be given monthly aggre-
26 gated reports of unusual incidents and inmate grievances by the depart-
27 ment. Employees of the office shall be permitted to be present in any
28 department internal investigation or inquiry. The office shall be
29 responsible for reporting such unusual and significant incidents and the
30 outcome of its investigations into such incidents to the public no less
31 than quarterly.
32 4. (a) The ombudsman shall annually prepare a public report and summa-
33 ry of all investigations and reviews, including a list of significant
34 problems discovered by the office, whether or not the recommendations
35 made by the office have been implemented, and a list of the office's
36 high priorities for the following year. The ombudsman shall submit such
37 report to the governor, the temporary president of the senate, and the
38 speaker of the assembly by December thirty-first of each year. Such
39 report shall be posted in electronic form on the office's public
40 website. The ombudsman shall be authorized to redact portions of such
41 report in a manner consistent with article six of the public officers
42 law or where disclosure is otherwise prohibited by law.
43 (b) Upon review of the cause of death and circumstances surrounding
44 the death of any inmate in a correctional facility, the ombudsman shall
45 submit its report thereon to the governor, the speaker of the assembly,
46 the temporary president of the senate, the chairperson of the assembly
47 correction committee, the chairperson of the senate crime and correction
48 committee, and the commissioner, and, where appropriate, make recommen-
49 dations to prevent the recurrence of such deaths. Such reports shall be
50 published on the office's website and shall otherwise be made available
51 to the public.
52 (c) The ombudsman shall make an annual report to the governor, the
53 speaker of the assembly, the temporary president of the senate, the
54 chairperson of the assembly correction committee and the chairperson of
55 the senate crime and correction committee on the condition of systems
56 for the delivery of medical care to inmates of correctional facilities
S. 2175 9
1 and, where appropriate, recommend such changes as it shall deem neces-
2 sary and proper to improve the quality and availability of such medical
3 care. Such report shall be published on the office's website and shall
4 otherwise be made available to the public.
5 (d) All public reports by the ombudsman shall not disclose information
6 where prohibited by law.
7 § 55. Additional duties of the department. 1. State employees operat-
8 ing within a correctional facility must cooperate fully and promptly
9 with the ombudsman.
10 2. The department shall respond in writing to any recommendations made
11 by the ombudsman or his or her designee within forty-five days and shall
12 state with specificity its reasons for failing to act on any such recom-
13 mendation. Such writings shall be made public by the ombudsman except
14 that information which would reveal confidential material that may not
15 be released pursuant to federal or state law shall be reacted by the
16 ombudsman from any such report or recommendation.
17 3. The commissioner shall immediately report to the ombudsman the
18 death of an inmate of any such facility in such manner and form as the
19 ombudsman shall prescribe and shall provide him or her with an autopsy
20 report when available.
21 § 56. Obstructing an investigation by the correctional ombudsman. A
22 person is guilty of obstructing an investigation by the correctional
23 ombudsman when, with intent to obstruct or impede an inquiry or investi-
24 gation by the correctional ombudsman appointed pursuant to sections
25 fifty-three or fifty-four of this article, he or she knowingly destroys
26 or knowingly fails to permit access to, examination of, or reproduction
27 by the office of such correctional ombudsman, of any book, account, bank
28 account information, report, voucher, correspondence or correspondence
29 file, computer file, computer data base, document, video or audio
30 recording, statistic or performance based outcome measure, money, prop-
31 erty or any other record of the department of corrections and community
32 supervision lawfully requested by such correctional ombudsman.
33 Obstructing an investigation by the correctional ombudsman is a class A
34 misdemeanor.
35 § 2. Section 2 of the correction law is amended by adding two new
36 subdivisions 33 and 34 to read as follows:
37 33. "Office" means the office of the correctional ombudsman.
38 34. "Ombudsman" means the commissioner of the office of the correc-
39 tional ombudsman.
40 § 3. Subdivision 3 of section 40 of the correction law, as amended by
41 section 13 of subpart A of part C of chapter 62 of the laws of 2011, is
42 amended to read as follows:
43 3. "Correctional facility" means [any institution operated by the
44 state department of corrections and community supervision,] any local
45 correctional facility, or any place, other than a state correctional
46 facility operated by the department, used, pursuant to a contract with
47 the state or a municipality, for the detention of persons charged with
48 or convicted of a crime, or, for the purpose of this article only, a
49 secure facility operated by the office of children and family services.
50 § 4. Paragraph 1 of subdivision (c) of section 42 of the correction
51 law, as added by chapter 865 of the laws of 1975, is amended to read as
52 follows:
53 1. Advise and assist the commission in developing policies, plans and
54 programs for improving the commission's performance of its duties and
55 for coordinating the efforts of the commission and of correctional offi-
56 cials to improve conditions of care, treatment, safety, supervision,
S. 2175 10
1 rehabilitation, recreation, training and education in local correctional
2 facilities;
3 § 5. Subdivisions 1, 2, 3, 4, 6, 8 and 10 of section 45 of the
4 correction law, subdivisions 1 and 2 as added by chapter 865 of the laws
5 of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as
6 amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi-
7 vision 4 as amended by section 15 of subpart A of part C of chapter 62
8 of the laws of 2011, subdivision 8 as amended by section 2 of part D of
9 chapter 63 of the laws of 2005, paragraph (b) of subdivision 8 as
10 amended by section 4 of part H of chapter 56 of the laws of 2009, are
11 amended to read as follows:
12 1. Advise and assist the governor in developing policies, plans and
13 programs for improving the administration of local correctional facili-
14 ties and the delivery of services therein.
15 2. Make recommendations to administrators of local correctional facil-
16 ities for improving the administration of such correctional facilities
17 and the delivery of services therein.
18 3. Except in circumstances involving health, safety or alleged
19 violations of established standards of the commission, visit, and
20 inspect local correctional facilities consistent with a schedule deter-
21 mined by the chairman of the commission, taking into consideration
22 available resources, workload and staffing, and appraise the management
23 of such correctional facilities with specific attention to matters such
24 as safety, security, health of inmates, sanitary conditions, rehabilita-
25 tive programs, disturbance and fire prevention and control preparedness,
26 and adherence to laws and regulations governing the rights of inmates.
27 4. Establish procedures to assure effective investigation of griev-
28 ances of, and conditions affecting, inmates of local correctional facil-
29 ities. Such procedures shall include but not be limited to receipt of
30 written complaints, interviews of persons, and on-site monitoring of
31 conditions. [In addition, the commission shall establish procedures for
32 the speedy and impartial review of grievances referred to it by the
33 commissioner of the department of corrections and community super-
34 vision.]
35 6. Promulgate rules and regulations establishing minimum standards for
36 the review of the construction or improvement of local correctional
37 facilities and the care, custody, correction, treatment, supervision,
38 discipline, and other correctional programs for all persons confined in
39 such correctional facilities. Such rules and regulations shall be
40 forwarded to the governor, the temporary president of the senate and the
41 speaker of the assembly no later than January first, nineteen hundred
42 seventy-six and annually thereafter.
43 8. [(a)] Close any local correctional facility which is unsafe, unsan-
44 itary or inadequate to provide for the separation and classification of
45 prisoners required by law or which has not adhered to or complied with
46 the rules or regulations promulgated with respect to any such facility
47 by the commission pursuant to the provisions of subdivision six of this
48 section; provided, however, that before such facility may be closed due
49 to conditions which are unsafe, unsanitary or inadequate to provide for
50 the separation and classification of prisoners, the commission shall
51 cause a citation to be mailed to the appropriate municipal or other
52 official at least ten days before the return day thereof directing the
53 responsible authorities designated to appear before such commission at
54 the time and place set forth in the citation, and show cause why such
55 correctional facility should not be closed. After a hearing thereon or
56 upon the failure to appear, such commission is empowered to order such
S. 2175 11
1 facility designated in the citation closed within twenty days, during
2 which time the respondent authority may review such order in the manner
3 provided in article seventy-eight of the civil practice law and rules,
4 in the supreme court. Fifteen days after the order to close has been
5 served by a registered letter upon the appropriate official if no court
6 review has been taken, and fifteen days after the order of such commis-
7 sion has been confirmed by the court, in case of court review, such
8 facility designated in the order shall be closed, and it shall be unlaw-
9 ful to confine or detain any person therein and any officer confining or
10 detaining any person therein shall be guilty of a class A misdemeanor.
11 [(b) Before a correctional facility as defined in subdivision four of
12 section two of this chapter, may be closed for a reason other than those
13 set forth in paragraph (a) of this subdivision, the provisions of
14 section seventy-nine-a of this chapter shall be adhered to.]
15 10. Approve or reject plans and specifications for the construction or
16 improvement of local correctional facilities that directly affect the
17 health of inmates and staff, safety, or security.
18 § 6. Section 46 of the correction law, as added by chapter 865 of the
19 laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws
20 of 2012, and subdivision 3 as amended by chapter 490 of the laws of
21 2015, is amended to read as follows:
22 § 46. Additional functions, powers and duties of the commission. 1.
23 The commission, any member or any employee designated by the commission
24 must be granted access at any and all times to any local correctional
25 facility or part thereof and to all books, records, inmate medical
26 records and data pertaining to any correctional facility deemed neces-
27 sary for carrying out the commission's functions, powers and duties. The
28 commission, any member or any employee designated by the chairman may
29 require from the officers or employees of [a] such correctional facility
30 any information deemed necessary for the purpose of carrying out the
31 commission's functions, powers and duties.
32 2. In the exercise of its functions, powers and duties, the commis-
33 sion, any member, and any attorney employed by the commission is author-
34 ized to issue and enforce a subpoena and a subpoena duces tecum, admin-
35 ister oaths and examine persons under oath, in accordance with and
36 pursuant to civil practice law and rules. A person examined under oath
37 pursuant to this subdivision shall have the right to be accompanied by
38 counsel who shall advise the person of their rights subject to reason-
39 able limitations to prevent obstruction of, or interference with, the
40 orderly conduct of the examination. Notwithstanding any other provision
41 of law, a subpoena may be issued and enforced pursuant to this subdivi-
42 sion for the medical records of an inmate of a correctional facility,
43 regardless of whether such medical records were made during the course
44 of the inmate's incarceration.
45 3. In any case where a person in charge or control of a local correc-
46 tional facility or an officer or employee thereof shall fail to comply
47 with the provisions of subdivision one, or in any case where a coroner,
48 coroner's physician or medical examiner shall fail to comply with the
49 provisions of subdivision six of section six hundred seventy-seven of
50 the county law, the commission may apply to the supreme court for an
51 order directed to such person requiring compliance therewith. Upon such
52 application the court may issue such order as may be just and a failure
53 to comply with the order of the court shall be a contempt of court and
54 punishable as such.
55 4. In any case where any rule or regulation promulgated by the commis-
56 sion pursuant to subdivision six of section forty-five of this article
S. 2175 12
1 or the laws relating to the construction, management and affairs of
2 [any] a local correctional facility or the care, treatment and disci-
3 pline of its inmates, are being or are about to be violated, the commis-
4 sion shall notify the person in charge or control of the facility of
5 such violation, recommend remedial action, and direct such person to
6 comply with the rule, regulation or law, as the case may be. Upon the
7 failure of such person to comply with the rule, regulation or law the
8 commission may apply to the supreme court for an order directed to such
9 person requiring compliance with such rule, regulation or law. Upon such
10 application the court may issue such order as may be just and a failure
11 to comply with the order of the court shall be a contempt of court and
12 punishable as such.
13 § 7. Section 47 of the correction law, as added by chapter 865 of the
14 laws of 1975, paragraph (d) of subdivision 1 as amended by chapter 80 of
15 the laws of 2020, paragraph (e) of subdivision 1 as amended by chapter
16 447 of the laws of 2016, subdivision 2 as amended by chapter 491 of the
17 laws of 1987, is amended to read as follows:
18 § 47. Functions, powers and duties of the board. 1. The board shall
19 have the following functions, powers and duties:
20 (a) Investigate and review the cause and circumstances surrounding the
21 death of any inmate of a local correctional facility.
22 (b) Visit and inspect any local correctional facility wherein an
23 inmate has died.
24 (c) Cause the body of the deceased to undergo such examinations,
25 including an autopsy, as in the opinion of the board, are necessary to
26 determine the cause of death, irrespective of whether any such examina-
27 tion or autopsy shall have previously been performed.
28 (d) Upon review of the cause of death and circumstances surrounding
29 the death of any inmate in a local correctional facility, the board
30 shall submit its report thereon to the commission and to the governor,
31 the speaker of the assembly, the temporary president of the senate, the
32 chairman of the assembly committee on correction and the chairman of the
33 senate committee on crime victims, crime and correction and, where
34 appropriate, make recommendations to prevent the recurrence of such
35 deaths to the commission and the administrator of the appropriate
36 correctional facility. The report provided to the governor, the chairman
37 of the assembly committee on correction and the chairman of the senate
38 committee on crime victims, crime and correction shall not be redacted
39 except as otherwise required to protect confidential medical records and
40 behavioral health records in accordance with state and federal laws,
41 rules, and regulations.
42 (e) (i) Investigate and report to the commission on the condition of
43 systems for the delivery of medical care to inmates of local correction-
44 al facilities and where appropriate recommend such changes as it shall
45 deem necessary and proper to improve the quality and availability of
46 such medical care.
47 (ii) The board shall be responsive to inquiries from the next of kin
48 and other person designated as a representative of any inmate whose
49 death takes place during custody in a state correctional facility
50 regarding the circumstances surrounding the death of such inmate.
51 Contact information for the next of kin and designated representative
52 shall be provided by the department to the board from the emergency
53 contact information previously provided by the inmate to the department.
54 2. Every administrator of a local correctional facility shall imme-
55 diately report to the board the death of an inmate of any such facility
S. 2175 13
1 in such manner and form as the board shall prescribe, together with an
2 autopsy report.
3 § 8. Section 89-a of the correction law, as amended by chapter 409 of
4 the laws of 1991, is amended to read as follows:
5 § 89-a. [1.] Management of alternate correctional facilities. 1.
6 Superintendence, management and control of alternate correctional facil-
7 ities and the eligible inmates housed therein shall be as directed by
8 the commissioner consistent with the following: an alternate correction-
9 al facility shall be operated pursuant to rules and regulations promul-
10 gated for such facilities by the commissioner in consultation with the
11 [state commission of correction] office of the correctional ombudsman
12 and the provisions of the operation agreement. The commissioner shall
13 operate such facility insofar as practicable in the same manner as a
14 general confinement facility which houses medium security state inmates.
15 Nothing herein, however, shall preclude the commissioner from enhancing
16 staffing or programming to accommodate the particular needs of eligible
17 inmates pursuant to the operation agreement. No inmate shall be housed
18 in any alternate correctional facility until such facility has been
19 established in accordance with the provisions of section eighty-nine of
20 this article. The population in an alternate correctional facility shall
21 not exceed its design capacity of approximately seven hundred eligible
22 inmates except pursuant to variances permitted by law, rule or regu-
23 lation or court order.
24 2. Notwithstanding any other provisions of law, no variance authoriz-
25 ing an alternate correctional facility to exceed its design capacity
26 shall be granted after March fifteenth, nineteen hundred ninety-two
27 unless the mayor of the city of New York submits, together with the
28 variance request, a certificate of emergency demonstrating the need for
29 such variance and that reasonable alternatives to the granting of the
30 variance do not exist, and containing a detailed summary of measures
31 that will be taken to restore compliance with such design capacity. The
32 [chairman of the state commission of correction] commissioner of the
33 office of the correctional ombudsman shall transmit, in a timely manner,
34 notice of such request to the chairmen of the senate crime and
35 correction committee and the assembly correction committee.
36 § 9. Subdivision 1 of section 89-e of the correction law, as amended
37 by section 47 of part A of chapter 56 of the laws of 2010, is amended to
38 read as follows:
39 1. The alternate correctional facility review panel is hereby estab-
40 lished and shall consist of the commissioner, [the chairman of the state
41 commission of correction] the commissioner of the office of the correc-
42 tional ombudsman, the chairman of the board of parole, the director of
43 the office of probation and correctional alternatives, the commissioner
44 of correction of the city of New York, the president of the New York
45 State Sheriffs' Association Institute, Inc., and the president of the
46 Correctional Association of New York or their designees. The governor
47 shall appoint a chairman and vice-chairman from among the members.
48 § 10. Section 89-f of the correction law, as added by chapter 549 of
49 the laws of 1987, is amended to read as follows:
50 § 89-f. Oversight. The [state commission of correction] office of the
51 correctional ombudsman shall exercise the same powers and duties
52 concerning each alternate correctional facility as the [commission]
53 office is required to exercise concerning a New York state correctional
54 facility. The [commission] office shall prepare an annual report on each
55 alternate correctional facility which shall evaluate and assess the
56 department's compliance with all rules and regulations applicable to
S. 2175 14
1 that facility and the operation agreement and which shall include an
2 analysis of the frequency and severity of all unusual incidents and
3 assaults occurring in that facility. The annual reports shall be filed
4 with the governor, the mayor of the city of New York, the chairman of
5 the senate crime and correction committee, and the chairman of the
6 assembly committee on correction no later than the first day of June of
7 each year.
8 § 11. Subdivision 1 of section 112 of the correction law, as amended
9 by section 19 of subpart A of part C of chapter 62 of the laws of 2011,
10 is amended to read as follows:
11 1. The commissioner of corrections and community supervision shall
12 have the superintendence, management and control of the correctional
13 facilities in the department and of the inmates confined therein, and of
14 all matters relating to the government, discipline, policing, contracts
15 and fiscal concerns thereof. He or she shall have the power and it shall
16 be his or her duty to inquire into all matters connected with said
17 correctional facilities and to report any allegations of corruption,
18 fraud, criminal activity, conflicts of interest or abuse to the office
19 of the correctional ombudsman for investigation, as well as report to
20 such office on other correctional issues, including, but not limited to,
21 staff recruitment, training, supervision, discipline, inmate deaths,
22 medical and mental health care, use of force, inmate violence, condi-
23 tions of confinement, inmate disciplinary process, inmate grievance
24 process, substance-abuse treatment, educational, vocational and other
25 programming and re-entry planning. He or she shall make such rules and
26 regulations, not in conflict with the statutes of this state, for the
27 government of the officers and other employees of the department
28 assigned to said facilities, and in regard to the duties to be performed
29 by them, and for the government and discipline of each correctional
30 facility, as he or she may deem proper, and shall cause such rules and
31 regulations to be recorded by the superintendent of the facility, and a
32 copy thereof to be furnished to each employee assigned to the facility.
33 He or she shall also prescribe a system of accounts and records to be
34 kept at each correctional facility, which system shall be uniform at all
35 of said facilities, and he or she shall also make rules and regulations
36 for a record of photographs and other means of identifying each inmate
37 received into said facilities. He or she shall appoint and remove,
38 subject to the civil service law and rules, subordinate officers and
39 other employees of the department who are assigned to correctional
40 facilities.
41 § 12. Subdivision 1 of section 146 of the correction law, as amended
42 by chapter 274 of the laws of 2019, is amended to read as follows:
43 1. The following persons shall be authorized to visit at pleasure all
44 correctional facilities: The governor and lieutenant-governor, commis-
45 sioner of general services, secretary of state, comptroller and attor-
46 ney-general, members of the commission of correction, any employee of,
47 or person under contract to, the office of the correctional ombudsman,
48 members of the correctional oversight board, members of the legislature
49 and their accompanying staff and any employee of the department as
50 requested by the member of the legislature if the member requests to be
51 so accompanied, provided that such request does not impact upon the
52 department's ability to supervise, manage and control its facilities as
53 determined by the commissioner, judges of the court of appeals, supreme
54 court and county judges, district attorneys and every clergyman or
55 minister, as such terms are defined in section two of the religious
56 corporations law, having charge of a congregation in the county wherein
S. 2175 15
1 any such facility is situated. No other person not otherwise authorized
2 by law shall be permitted to enter a correctional facility except by
3 authority of the commissioner of correction under such regulations as
4 the commissioner shall prescribe.
5 § 13. Section 853 of the correction law, as amended by chapter 757 of
6 the laws of 1981, is amended to read as follows:
7 § 853. Reporting and information. To ensure the accurate maintenance
8 and availability of statistics and records with respect to participation
9 in temporary release programs, the department shall maintain the follow-
10 ing information relative to the operation of temporary release programs:
11 (a) number of inmate participants in each temporary release program;
12 (b) number of inmates participating in temporary release for whom
13 written approval of the commissioner was required pursuant to subdivi-
14 sion two of section eight hundred fifty-one of this chapter;
15 (c) number and type of individual programs approved for each partic-
16 ipant;
17 (d) approved participating employers and educational institutions;
18 (e) number of inmates arrested;
19 (f) inmates involuntarily returned for violations by institution;
20 (g) absconders still at large;
21 (h) number of disciplinary proceedings initiated and the results ther-
22 eof;
23 (i) number of temporary release committee decisions appealed and the
24 results thereof by institution;
25 (j) reports or information made available to the department with
26 respect to the participation of individuals in such programs, including
27 any incidents of absconding or re-arrest.
28 The department shall also forward to the [state commission of
29 correction] office of the correctional ombudsman quarterly reports
30 including, but not limited to, the information identified in subdivi-
31 sions (a), (b), (d), (e), (f) and (g) of this section and such other
32 information requested by the [commission] office or available to the
33 department with respect to such programs.
34 § 14. Section 854 of the correction law, as added by chapter 691 of
35 the laws of 1977, is amended to read as follows:
36 § 854. Evaluation and recommendation. In recognition of the need for
37 an independent evaluation of, and recommendations with respect to,
38 temporary release, the [commission of correction] office of the correc-
39 tional ombudsman shall evaluate and assess the administration and opera-
40 tion of all temporary release programs conducted pursuant to this arti-
41 cle and shall submit to the governor and the legislature by March first,
42 [nineteen hundred seventy-eight] two thousand twenty-four, its findings
43 together with any recommendations with respect to the proper operation
44 or the improvement of such temporary release programs.
45 § 15. Section 857 of the correction law, as added by chapter 691 of
46 the laws of 1977, is amended to read as follows:
47 § 857. Complaint and abuse review. Any person may submit to the
48 [commission of correction] office of the correctional ombudsman any
49 complaint he or she may have concerning programmatic abuses. The
50 [commission of correction] office shall evaluate such complaints and,
51 where indicated, conduct any needed investigation. If the [commission]
52 office concludes that a complaint is valid, the [commission] ombudsman
53 shall make recommendations to the department for corrective action.
54 Where the [commission] office believes sufficient evidence exists to
55 support a criminal charge, the [commission] office shall report such
56 evidence to the appropriate law enforcement agencies.
S. 2175 16
1 § 16. Subdivision 6 of section 677 of the county law, as amended by
2 chapter 490 of the laws of 2015, is amended to read as follows:
3 6. Notwithstanding section six hundred seventy of this article or any
4 other provision of law, the coroner, coroner's physician or medical
5 examiner shall promptly provide the chairman of the correction medical
6 review board or the commissioner of the office of the correctional
7 ombudsman and the commissioner of corrections and community supervision,
8 as appropriate, with copies of any autopsy report, toxicological report
9 or any report of any examination or inquiry prepared with respect to any
10 death occurring to an inmate of a correctional facility as defined by
11 subdivision three of section forty of the correction law within his or
12 her county; and shall promptly provide the executive director of the
13 justice center for the protection of people with special needs with
14 copies of any autopsy report, toxicology report or any report of any
15 examination or inquiry prepared with respect to the death of any service
16 recipient occurring while he or she was a resident in any facility oper-
17 ated, licensed or certified by any agency within the department of
18 mental hygiene, the office of children and family services, the depart-
19 ment of health or the state education department. If the toxicological
20 report is prepared pursuant to any agreement or contract with any
21 person, partnership, corporation or governmental agency with the coroner
22 or medical examiner, such report shall be promptly provided to the
23 chairman of the correction medical review board, the commissioner of the
24 office of the correctional ombudsman, the commissioner of corrections
25 and community supervision or the executive director of the justice
26 center for people with special needs, as appropriate, by such person,
27 partnership, corporation or governmental agency.
28 § 17. Section 2.10 of the criminal procedure law is amended by adding
29 a new subdivision 86 to read as follows:
30 86. Investigators of the office of the correctional ombudsman.
31 § 18. Subdivision 2 of section 285 of the education law, as added by
32 section 6 of part O of chapter 57 of the laws of 2005, is amended to
33 read as follows:
34 2. The commissioner is authorized to expend up to one hundred seven-
35 ty-five thousand dollars annually to provide grants to public library
36 systems operating under an approved plan of service for provision of
37 services to county jail facilities. Such formula grants shall assist the
38 library system in making available to the inmate population of such
39 facility or facilities the library resources of such system. Such grants
40 shall be available to each public library system in such manner as to
41 insure that the ratio of the amount each system is eligible to receive
42 equals the ratio of the number of inmates served by the county jail
43 facility to the total number of inmates served by county jail facilities
44 in the state as of July first of the year preceding the calendar year in
45 which the state aid to public library systems is to be paid. Inmate
46 populations shall be certified by the [New York state commission of
47 correction] office of the correctional ombudsman. The commissioner
48 shall adopt any regulations necessary to carry out the purposes and
49 provisions of this subdivision.
50 § 19. Section 63 of the executive law is amended by adding a new
51 subdivision 17 to read as follows:
52 17. Investigate the alleged commission of any criminal offense or
53 offenses committed by an employee of the department of corrections and
54 community supervision in connection with the performance of his or her
55 official duties, and prosecute any such person or persons believed to
56 have committed such criminal offense or offenses in connection with the
S. 2175 17
1 performance of his or her official duties. The attorney general may only
2 exercise the jurisdiction provided by this subdivision upon a written
3 finding that such jurisdiction is necessary because: (a) of a lack of
4 alternative prosecutorial resources to adequately investigate and prose-
5 cute such criminal offense or offenses or, (b) the exercise of such
6 jurisdiction is necessary to ensure the confidence of the public in the
7 judicial system. In all such proceedings, the attorney general may
8 appear in person or by his or her deputy or assistant before any court
9 or grand jury and exercise all of the powers and perform all of the
10 duties with respect to such actions or proceedings which the district
11 attorney would otherwise be authorized or required to exercise or
12 perform.
13 § 20. Paragraph (a) of subdivision 1 of section 169 of the executive
14 law, as amended by section 9 of part A of chapter 60 of the laws of
15 2012, is amended to read as follows:
16 (a) commissioner of corrections and community supervision, commission-
17 er of the office of the correctional ombudsman, commissioner of educa-
18 tion, commissioner of health, commissioner of mental health, commission-
19 er of developmental disabilities, commissioner of children and family
20 services, commissioner of temporary and disability assistance, chancel-
21 lor of the state university of New York, commissioner of transportation,
22 commissioner of environmental conservation, superintendent of state
23 police, commissioner of general services, commissioner of the division
24 of homeland security and emergency services and the executive director
25 of the state gaming commission;
26 § 21. Subdivision 9 of section 837-a of the executive law, as added by
27 section 4 of part Q of chapter 56 of the laws of 2009, is amended to
28 read as follows:
29 9. In consultation with the state commission of correction, the office
30 of the correctional ombudsman and the municipal police training council,
31 establish and maintain basic and other correctional training programs
32 for such personnel employed by correctional facilities as the commis-
33 sioner shall deem necessary. Such basic correctional training program
34 shall be satisfactorily completed by such personnel prior to their
35 undertaking their duties or within one year following the date of their
36 appointment or at such times as the commissioner may prescribe.
37 Provided, however, the commissioner may, after consultation with the
38 state commission of correction or the office of the correctional ombuds-
39 man, exempt from such requirement personnel employed by any correctional
40 facility which, in the opinion of the commissioner, maintains a basic
41 correctional training program of a standard equal to or higher than that
42 established and maintained by the division; or revoke in whole or in
43 part such exemption, if in his or her opinion the standards of the basic
44 correctional training program maintained by such facility are lower than
45 those established pursuant to this article.
46 § 22. Subdivision (c) of section 33.13 of the mental hygiene law is
47 amended by adding a new paragraph 18 to read as follows:
48 18. to the office of the correctional ombudsman.
49 § 23. Subdivision 1 of section 2782 of the public health law is
50 amended by adding a new paragraph (s) to read as follows:
51 (s) an employee or agent of the office of the correctional ombudsman
52 in order to carry out the office's functions, powers and duties with
53 respect to the protected individual, pursuant to article three-A of the
54 correction law.
S. 2175 18
1 § 24. Paragraph (a) of subdivision 2 of section 2786 of the public
2 health law, as amended by chapter 312 of the laws of 2020, is amended to
3 read as follows:
4 (a) Each state agency authorized pursuant to this article to obtain
5 confidential HIV related information and the board of correction of the
6 city of New York shall, in consultation with the department of health,
7 promulgate regulations: (1) to provide [safequards] safeguards to
8 prevent discrimination, abuse or other adverse actions directed toward
9 protected individuals; (2) to prohibit the disclosure of such informa-
10 tion except in accordance with this article; (3) to seek to protect
11 individuals in contact with the protected individual when such contact
12 creates a significant risk of contracting or transmitting HIV infection
13 through the exchange of body fluids[,]; and (4) to establish criteria
14 for determining when it is reasonably necessary for a provider of a
15 health or social service or the state agency or a local government agen-
16 cy to have or to use confidential HIV related information for super-
17 vision, monitoring, investigation, or administration and for determining
18 which employees and agents may, in the ordinary course of business of
19 the agency or provider, be authorized to access confidential HIV related
20 information pursuant to the provisions of paragraphs (l) and (m) of
21 subdivision one and subdivision six of section twenty-seven hundred
22 eighty-two of this article; and provided further that such regulations
23 shall be promulgated by the chairperson of the commission of correction
24 or the office of the correctional ombudsman where disclosure is made
25 pursuant to paragraphs (n) [and], (o), or (s) of subdivision one of
26 section twenty-seven hundred eighty-two of this article.
27 § 25. Subdivision 8 of section 92 of the public officers law, as
28 amended by section 135 of subpart B of part C of chapter 62 of the laws
29 of 2011, is amended to read as follows:
30 (8) Public safety agency record. The term "public safety agency
31 record" means a record of the state commission of correction, the office
32 of the correctional ombudsman, the temporary state commission of inves-
33 tigation, the department of corrections and community supervision, the
34 office of children and family services, the office of victim services,
35 the office of probation and correctional alternatives or the division of
36 state police or of any agency or component thereof whose primary func-
37 tion is the enforcement of civil or criminal statutes if such record
38 pertains to investigation, law enforcement, confinement of persons in
39 correctional facilities or supervision of persons pursuant to criminal
40 conviction or court order, and any records maintained by the division of
41 criminal justice services pursuant to sections eight hundred thirty-sev-
42 en, eight hundred thirty-seven-a, eight hundred thirty-seven-b, eight
43 hundred thirty-seven-c, eight hundred thirty-eight, eight hundred thir-
44 ty-nine, and eight hundred forty-five of the executive law and by the
45 department of state pursuant to section ninety-nine of the executive
46 law.
47 § 26. Subdivision 1 of section 460-c of the social services law, as
48 amended by chapter 838 of the laws of 1987, is amended to read as
49 follows:
50 1. Excepting state institutions for the education and support of the
51 blind, the deaf and the dumb, facilities subject to the approval, visi-
52 tation and inspection of the state department of mental hygiene, the
53 office of the correctional ombudsman or the state commission of
54 correction, facilities operated by or under the supervision of the divi-
55 sion for youth and facilities subject to the supervision of the depart-
56 ment of health pursuant to article twenty-eight of the public health
S. 2175 19
1 law, the department shall inspect and maintain supervision over all
2 public and private facilities or agencies whether state, county, munici-
3 pal, incorporated or not incorporated which are in receipt of public
4 funds, which are of a charitable, eleemosynary, correctional or reforma-
5 tory character, including facilities or agencies exercising custody of
6 dependent, neglected, abused, maltreated, abandoned or delinquent chil-
7 dren, agencies engaged in the placing-out or boarding-out of children as
8 defined in section three hundred seventy-one of this chapter, homes or
9 shelters for unmarried mothers, residential programs for victims of
10 domestic violence as defined in subdivision [five] four of section four
11 hundred fifty-nine-a of this chapter and adult care facilities.
12 § 27. This act shall take effect one year after it shall have become a
13 law.
