§ 46. Additional functions, powers and duties of the commission. 1.\nThe commission, any member or any employee designated by the commission\nmust be granted access at any and all times to any correctional facility\nor part thereof and to all books, records, inmate medical records and\ndata pertaining to any correctional facility deemed necessary for\ncarrying out the commission's functions, powers and duties. The\ncommission, any member or any employee designated by the chairman may\nrequire from the officers or employees of a correctional facility any\ninformation deemed necessary for the purpose of carrying out the\ncommission's functions, powers and duties.\n 2. In the exercise of its functions, powers and duties, the\ncommission, any member, and any attorney employed by the commission is\nauthorized to issue and enforce a subpoena and a subpoena duces tecum,\nadminister oaths and examine persons under oath, in accordance with and\npursuant to civil practice law and rules. A person examined under oath\npursuant to this subdivision shall have the right to be accompanied by\ncounsel who shall advise the person of their rights subject to\nreasonable limitations to prevent obstruction of, or interference with,\nthe orderly conduct of the examination. Notwithstanding any other\nprovision of law, a subpoena may be issued and enforced pursuant to this\nsubdivision for the medical records of an inmate of a correctional\nfacility, regardless of whether such medical records were made during\nthe course of the inmate's incarceration.\n 3. In any case where a person in charge or control of a correctional\nfacility or an officer or employee thereof shall fail to comply with the\nprovisions of subdivision one, the commission may apply to the supreme\ncourt for an order directed to such person 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 punishable as such.\n 4. In any case where any rule or regulation promulgated by the\ncommission pursuant to subdivision six of section forty-five or the laws\nrelating to the construction, management and affairs of any correctional\nfacility or the care, treatment and discipline of its inmates, are being\nor are about to be violated, the commission shall notify the person in\ncharge or control of the facility of such violation, recommend remedial\naction, and direct such person to comply with the rule, regulation or\nlaw, as the case may be. Upon the failure of such person to comply with\nthe rule, regulation or law the commission may apply to the supreme\ncourt for an order directed to such person requiring compliance with\nsuch rule, regulation or law. Upon such application the court may issue\nsuch order as may be just and a failure to comply with the order of the\ncourt shall be a contempt of court and punishable as such.\n
N.Y. Correct. Law § 46
Additional functions, powers and duties of the commission
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2016). View current text →
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.