N.Y. Correct. Law § 146

§ 146. Persons authorized to visit correctional facilities. 1. The\nfollowing persons shall be authorized to visit at pleasure all\ncorrectional facilities: The governor and lieutenant-governor,\ncommissioner of general services, secretary of state, comptroller and\nattorney-general, members of the commission of correction, members of\nthe legislature and their accompanying staff and any employee of the\ndepartment as requested by the member of the legislature if the member\nrequests to be so accompanied, provided that such request does not\nimpact upon the department's ability to supervise, manage and control\nits facilities as determined by the commissioner, judges of the court of\nappeals, supreme court and county judges, district attorneys and every\nclergyman or minister, as such terms are defined in section two of the\nreligious corporations law, having charge of a congregation in the\ncounty wherein any such facility is situated. No other person not\notherwise authorized by law shall be permitted to enter a correctional\nfacility except by authority of the commissioner of correction under\nsuch regulations as the commissioner shall prescribe.\n 2. Notwithstanding any other provision of law to the contrary, on each\nSeptember thirteenth anniversary date of the nineteen hundred\nseventy-one retaking of Attica correctional facility, in the absence of\nan emergency situation or other exigent circumstance, the commissioner\nshall ensure that any surviving state employees who were held as\nhostages and any immediate family members, as that term is defined in\nsubdivision four of section 120.40 of the penal law, of any of the state\nemployees who were held hostage for any period by rioting inmates during\nthe period from September ninth through September thirteenth, nineteen\nhundred seventy-one, shall be afforded access to the outside grounds of\nAttica correctional facility to conduct a private commemorative ceremony\nin front of the Attica monument upon which are inscribed the names of\nemployees who died as a result of the uprising and subsequent retaking.\n * 3. a. Notwithstanding any other provision of law to the contrary,\nthe correctional association shall be permitted, at its pleasure, to\naccess, visit, inspect, and examine all state correctional facilities\nwithout advance notice to the department. Up to twelve people may\ncomprise the correctional association visiting party. Except for\ndocuments or records created about employees of the department solely\nfor supervisory or disciplinary purposes, the correctional association\nshall be given unfettered access to all paper, electronic, and digital\nrecords, including but not limited to documents, papers, logbooks,\nemails, books, data, video and audio recordings, policies, and\nprocedures pertaining to the management, condition, issues or operation\nof any state correctional facility, including the individual records of\nincarcerated individuals that are not otherwise confidential under the\nmental hygiene law or federal law. The department may not place\nrestrictions on such visits and inspections, including during periods\nwhen facilities are locked down, although they may restrict access to a\nportion of a facility in emergency situations for the duration of the\nemergency.\n b. Upon twenty-four hours advance notice, at the commencement of any\nvisits to, or inspections and examinations of, state correctional\nfacilities, the superintendent and executive team, to the extent\npossible, shall meet with the correctional association. Upon twenty-four\nhours advance notice, the correctional association may meet privately\nwith the inmate liaison committee and representatives of the inmate\ngrievance resolution committee or any other inmate organization of its\nchoosing.\n c. During the course of any such visit, inspection or examination,\nupon consent of the person being interviewed, the correctional\nassociation shall have the power to interview and converse publicly or\nconfidentially with any correctional employee, any incarcerated\nindividual, and any other person providing services in a state\ncorrectional facility, whether or not employed by such facility. Such\ninterviews shall not be restricted by the department or attended by\nanyone on behalf of the department nor shall there be any retaliation or\nadverse action taken by the department or other state agency against\nanyone who agrees to speak with the correctional association. The\ndepartment may not limit the number of individuals the correctional\nassociation may interview or the duration of the interviews. The\ncorrectional association shall have the power to conduct private,\nconfidential meetings at their pleasure and without notice to the\ndepartment with incarcerated people in housing units and in attorney\nvisiting rooms or other rooms in the facility in which their\nconversations will remain confidential. No department employee may\nattend or listen to any such meeting without the consent of the\ncorrectional association.\n d. The correctional association may at any time request and shall\npromptly receive from the department or any other agency of the state or\npublic authority such paper, electronic, and digital records including\nbut not limited to any and all documents, papers, logbooks, books, data,\nvideo, audio, policies, procedures, directives and emails related to the\nmanagement, conditions of confinement and treatment of persons under\ncustody, issues or operation of any state correctional facility,\nincluding policies, practices and procedures relating to staff training\nand recruitment, so as to enable the correctional association to carry\nout its mission and duties, regardless of whether such requested paper,\nelectronic, and digital records could have been withheld under article\nsix of the public officers law. Any such paper, electronic, and digital\nrecords provided to the correctional association by the department does\nnot constitute a waiver of any confidentiality or privilege regarding\nsuch records. The correctional association shall not be compelled to\ntestify or release records that are otherwise exempt from public\ndisclosure, including identifying information or correspondence with any\nperson, without a court order unless that person consents in writing to\nthe release of such information.\n e. The correctional association shall periodically, but not less than\nevery five years, conduct inspections of each state correctional\nfacility and shall issue reports and recommendations to the governor,\nthe legislature and the public about the conditions and issues at each\nsuch facility. The department shall issue a timely response to said\nreports and include explanations of any actions that have been or will\nbe taken to address the issues raised therein.\n f. The correctional association may send surveys or questionnaires to\npeople in custody concerning conditions of confinement or other subjects\nwithin their mission without prior approval of the department. The\ndepartment shall distribute such surveys when requested by the\ncorrectional association. The correctional association may also receive\nphone calls from incarcerated individuals and/or set up a hotline for\nsuch individuals to contact them.\n g. In any case where the department or an employee thereof shall fail\nto comply with the provisions of this subdivision, the correctional\nassociation may apply to the supreme court for an order directed to the\ndepartment or such employee of the department requiring compliance\ntherewith. Upon such application, the court may issue such order as may\nbe just and a failure to comply with the order of the court shall be a\ncontempt of court and be punishable as such; any action or proceeding\ncommenced by the correctional association pursuant to this subdivision\nshall have a preference over all other cases, except habeas corpus\nproceedings, pending before the court.\n * NB Effective March 2, 2021\n