Public-domain · open source
OpenJurist

N.Y. Correct. Law § 112

Powers and duties of commissioner relating to correctional facilities and community supervision

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2021). View current text →

§ 112. Powers and duties of commissioner relating to correctional\nfacilities and community supervision. 1. The commissioner of corrections\nand community supervision shall have the superintendence, management and\ncontrol of the correctional facilities in the department and of the\ninmates confined therein, and of all matters relating to the government,\ndiscipline, policing, contracts and fiscal concerns thereof. He or she\nshall have the power and it shall be his or her duty to inquire into all\nmatters connected with said correctional facilities. He or she shall\nmake such rules and regulations, not in conflict with the statutes of\nthis state, for the government of the officers and other employees of\nthe department assigned to said facilities, and in regard to the duties\nto be performed by them, and for the government and discipline of each\ncorrectional facility, as he or she may deem proper, and shall cause\nsuch rules and regulations to be recorded by the superintendent of the\nfacility, and a copy thereof to be furnished to each employee assigned\nto the facility. He or she shall also prescribe a system of accounts and\nrecords to be kept at each correctional facility, which system shall be\nuniform at all of said facilities, and he or she shall also make rules\nand regulations for a record of photographs and other means of\nidentifying each inmate received into said facilities. He or she shall\nappoint and remove, subject to the civil service law and rules,\nsubordinate officers and other employees of the department who are\nassigned to correctional facilities.\n 2. The commissioner shall have the management and control of persons\nreleased on community supervision and of all matters relating to such\npersons' effective reentry into the community, as well as all contracts\nand fiscal concerns thereof. The commissioner shall have the power and\nit shall be his or her duty to inquire into all matters connected with\nsaid community supervision. The commissioner shall make such rules and\nregulations, not in conflict with the statutes of this state, for the\ngovernance of the officers and other employees of the department\nassigned to said community supervision, and in regard to the duties to\nbe performed by them, as he or she deems proper and shall cause such\nrules and regulations to be furnished to each employee assigned to\nperform community supervision. The commissioner shall also prescribe a\nsystem of accounts and records to be kept, which shall be uniform. The\ncommissioner shall also make rules and regulations for a record of\nphotographs and other means of identifying each inmate released to\ncommunity supervision. The commissioner shall appoint officers and other\nemployees of the department who are assigned to perform community\nsupervision.\n 3. The commissioner may require reports from the superintendent or any\nother officer or employee of the department assigned to any correctional\nfacility or to perform community supervision in relation to his or her\nconduct as such officer or employee, and shall have the power to inquire\ninto any improper conduct which may be alleged to have been committed by\nany person at any correctional facility or in the course of his or her\nperformance of community supervision, and for that purpose to issue\nsubpoenas to compel the attendance of witnesses, and the production\nbefore him or her of books, writings and papers. A subpoena issued under\nthis section shall be regulated by the civil practice law and rules.\n 4. The commissioner and the chair of the parole board shall work\njointly to develop and implement, as soon as practicable, a risk and\nneeds assessment instrument or instruments, which shall be empirically\nvalidated, that would be administered to inmates upon reception into a\ncorrectional facility, and throughout their incarceration and release to\ncommunity supervision, to facilitate appropriate programming both during\nan inmate's incarceration and community supervision, and designed to\nfacilitate the successful integration of inmates into the community.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.