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N.Y. Correct. Law § 42

Citizen's policy and complaint review council; organization; functions, powers and duties

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 42. Citizen's policy and complaint review council; organization;\nfunctions, powers and duties. (a) 1. There shall be within the\ncommission a citizen's policy and complaint review council. It shall\nconsist of nine persons to be appointed by the governor, by and with the\nadvice and consent of the senate. One person so appointed shall have\nserved in the armed forces of the United States in any foreign war,\nconflict or military occupation, who was discharged therefrom under\nother than dishonorable conditions, or shall be a duly licensed mental\nhealth professional who has professional experience or training with\nregard to post-traumatic stress syndrome. One person so appointed shall\nbe an attorney admitted to practice in this state. One person so\nappointed shall be a former inmate of a correctional facility. One\nperson so appointed shall be a former correction officer. One person so\nappointed shall be a former resident of a division for youth secure\ncenter or a health care professional duly licensed to practice in this\nstate. One person so appointed shall be a former employee of the office\nof children and family services who has directly supervised youth in a\nsecure residential center operated by such office. In addition, the\ngovernor shall designate one of the full-time members other than the\nchairman of the commission as chairman of the council to serve as such\nat the pleasure of the governor.\n 2. The nine appointed members of the council shall hold office for\nfive years; provided that of the seven members first appointed, two\nshall be appointed for a term of one year, two shall be appointed for a\nterm of two years, one shall be appointed for a term of three years, one\nshall be appointed for a term of four years and one shall be appointed\nfor a term of five years from January first next succeeding their\nappointment. Any appointed member of the council may be removed by the\ngovernor for cause after an opportunity to be heard in his defense.\n 3. Any member chosen to fill in a vacancy created other than by\nexpiration of term shall be appointed for the unexpired term of the\nmember whom he is to succeed. Vacancies caused by the expiration of term\nor otherwise shall be filled in the same manner as original\nappointments.\n 4. The members of the council other than the chairman shall receive no\ncompensation for their services but each member other than the chairman\nshall be entitled to receive his or her actual and necessary expenses\nincurred in the performance of his or her duties.\n 5. No appointed member of the council shall qualify or enter upon the\nduties of his office, or remain therein, while he is an officer or\nemployee of the department of corrections and community supervision or\nany correctional facility or is in a position where he exercises\nadministrative supervision over any correctional facility. The council\nshall have such staff as shall be necessary to assist it in the\nperformance of its duties within the amount of the appropriation\ntherefor as determined by the chairman of the commission.\n (b) The council and each member thereof shall have the following\nfunctions, powers and duties:\n 1. To investigate, review or take such other action as shall be deemed\nnecessary or proper with respect to complaints or grievances regarding\nany local correctional facility or part thereof as shall be called to\nits attention in writing.\n 2. To have access, at any and all times, to any local correctional\nfacility or part thereof and to all books, records, and data pertaining\nto any local correctional facility which are deemed necessary for\ncarrying out the council's functions, powers and duties.\n 3. To obtain from administrators, officers or employees of any local\ncorrectional facility any information deemed necessary for the purpose\nof carrying out its functions, powers and duties.\n 4. To request and receive temporary office space in any local\ncorrectional facility for the purpose of carrying out its functions,\npowers and duties.\n 5. To report periodically to the commission and, where appropriate, to\nmake such recommendations as are necessary to fulfill the purposes of\nthis article to the commission and to the administrator of any local\ncorrectional facility.\n (c) In addition to the functions, powers and duties prescribed by\nsubdivision (b) of this section, the council shall\n 1. Advise and assist the commission in developing policies, plans and\nprograms for improving the commission's performance of its duties and\nfor coordinating the efforts of the commission and of correctional\nofficials to improve conditions of care, treatment, safety, supervision,\nrehabilitation, recreation, training and education in correctional\nfacilities;\n 2. Foster and promote research and study in areas of correctional\npolicy and program development deemed necessary or desirable by the\ncommission or the council;\n 3. Meet at least once per calendar month at a time and place\ndesignated by the chairman of the council.\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.