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 incarcerated\nindividuals during the period from September ninth through September\nthirteenth, nineteen hundred seventy-one, shall be afforded access to\nthe outside grounds of Attica correctional facility to conduct a private\ncommemorative ceremony in front of the Attica monument upon which are\ninscribed the names of employees who died as a result of the uprising\nand subsequent retaking.\n 3. a. Notwithstanding any other provision of law to the contrary, the\ncorrectional association shall be permitted to access, visit, inspect,\nand examine all state correctional facilities with seventy-two hours\nadvance notice to the department. Up to twelve people may comprise the\nvisiting party; provided, however, that only four people from the party\nmay enter a special housing facility or unit at the same time. Prior to\nthe visitation authorized pursuant to this subdivision, the correctional\nassociation shall provide to the department on, at least, an annual\nbasis a list of people who will be visiting the facility or facilities,\nincluding names, dates of birth, driver's license numbers and their\ndesignation as an employee, board member, or designee in order for the\ndepartment to perform prompt background checks. The department may place\nrestrictions on such visits and inspections when a facility is locked\ndown or experiencing a facility wide emergency. In addition, the\ndepartment may restrict access to a portion of a facility in an\nemergency situation for the duration of the emergency. For the purpose\nof this subdivision, an emergency shall be determined by the\ncommissioner or his or her designee and defined as a significant risk to\nthe safety or security of the facility, or the health, safety or\nsecurity of staff or incarcerated individuals, or an event that\nsignificantly compromises the operations of the facility.\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\npracticable, shall meet with the correctional association. Upon\ntwenty-four hours advance notice, the correctional association may meet\nprivately with the inmate liaison committee and representatives of the\ninmate grievance resolution committee or any other organization of\nincarcerated individuals recognized by the department.\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 or any incarcerated\nindividual. Such interviews shall not be restricted by the department or\nattended by anyone on behalf of the department nor shall there be any\nretaliation or adverse action taken by the department or other state\nagency against any incarcerated individual who agrees to speak with the\ncorrectional association. The department may not limit the number of\nindividuals the correctional association may interview or the duration\nof the interviews, in any manner unreasonable under the circumstances.\nThe correctional association shall have the power to conduct private,\nconfidential meetings reasonable in number under the circumstances with\nincarcerated people in housing units and in attorney visiting rooms or\nother rooms in the facility in which their conversations will remain\nconfidential. No department employee may attend or listen to any such\nmeeting without the consent of the correctional association.\n d. 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. When preparing such formal reports and recommendations,\nthe correctional association shall submit a tentative copy of such\nreport and recommendations to the commissioner. The commissioner may\nsubmit a written response to such tentative report within sixty days of\nthe receipt thereof. When the correctional association thereafter\nsubmits its final report and recommendations, it shall contain a\ncomplete copy of the response, if any, submitted to the tentative report\nand recommendations.\n e. The correctional association may send surveys or questionnaires to\npeople in custody concerning conditions of confinement or other subjects\nwithin the scope of their mission without prior approval of the\ndepartment. The correctional association may also receive phone calls\nfrom incarcerated individuals and/or set up a hotline for individuals to\nuse if they choose to contact them.\n f. The inspection of state correctional facilities by the correctional\nassociation pursuant to this subdivision shall be undertaken solely in\nfurtherance of the correctional association's lawful powers, duties and\nobligations, and information obtained pursuant to these powers shall be\nused solely in furtherance of the correctional association's mission.\nEmployees, board members and designees shall be required to sign a\nwaiver as a condition of entry into a correctional facility pursuant to\nthis subdivision.\n