S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9939

                          I N  A S S E M B L Y

                             April 29, 2016
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Correction

AN ACT to amend the correction law, in relation to creating  the  office
  of the correctional ombudsman; to amend the county law, in relation to
  reports  by coroners; to amend the criminal procedure law, in relation
  to designating investigators of the office of the correctional ombuds-
  man as peace officers; to amend the education law, in relation to  the
  certification  of  inmate  populations; to amend the executive law, in
  relation to  authorizing  the  attorney  general  to  investigate  the
  alleged commission of any criminal offense committed by an employee of
  the  department of corrections and community supervision in connection
  with his or her official  duties;  to  amend  the  executive  law,  in
  relation  to  the  division of criminal justice services; to amend the
  mental hygiene law, in relation to  clinical  records;  to  amend  the
  public  health  law,  in  relation  to  the confidentiality of certain
  records; to amend the public officers law, in  relation  to  including
  the office of the correctional ombudsman records within the definition
  of public safety agency records; and to amend the social services law,
  in relation to inspection and supervision

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The correction law is amended by adding a new  article  3-A
to read as follows:
                               ARTICLE 3-A
                  OFFICE OF THE CORRECTIONAL OMBUDSMAN
SECTION 50. DEFINITIONS.
        51. OFFICE OF THE CORRECTIONAL OMBUDSMAN; ORGANIZATION.
        52. CORRECTIONAL OVERSIGHT BOARD.
        53. POWERS OF THE OMBUDSMAN.
        54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF THE OFFICE OF THE
              OMBUDSMAN.
        55. ADDITIONAL DUTIES OF THE DEPARTMENT.
        56. OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14548-04-6
              

A. 9939                             2

  S  50.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "OFFICE" REFERS TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
  2. "OMBUDSMAN" REFERS TO THE COMMISSIONER OF THE OFFICE OF THE CORREC-
TIONAL OMBUDSMAN.
  S 51. OFFICE OF THE CORRECTIONAL OMBUDSMAN; ORGANIZATION.  1. IN ORDER
TO  ACHIEVE  TRANSPARENCY,  FAIRNESS, IMPARTIALITY AND ACCOUNTABILITY IN
OUR STATE CORRECTIONAL FACILITIES, THERE SHALL BE AN INDEPENDENT  OFFICE
OF  THE  CORRECTIONAL  OMBUDSMAN  WITHIN  THE  EXECUTIVE DEPARTMENT. THE
OMBUDSMAN SHALL REPORT TO THE CORRECTIONAL OVERSIGHT  BOARD  ESTABLISHED
PURSUANT  TO  SECTION FIFTY-TWO OF THIS ARTICLE, PROVIDED, HOWEVER, THAT
ADMINISTRATIVE MATTERS  OF  GENERAL  APPLICATION  WITHIN  THE  EXECUTIVE
DEPARTMENT SHALL BE ALSO APPLICABLE TO THE OFFICE.
  (A)  FOLLOWING  THE  INITIAL APPOINTMENT OF THE MEMBERS OF THE CORREC-
TIONAL OVERSIGHT BOARD ESTABLISHED PURSUANT TO SECTION FIFTY-TWO OF THIS
ARTICLE, SUCH BOARD SHALL PROMPTLY NOMINATE A  FULL-TIME  OMBUDSMAN  AND
NOTIFY THE GOVERNOR OF SUCH NOMINATION.  NOTHING IN THIS PARAGRAPH SHALL
PROHIBIT  THE  BOARD  FROM APPOINTING AN INTERIM OMBUDSMAN IF THERE IS A
VACANCY.
  (B) THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF
ANY NOMINATION OF AN OMBUDSMAN MADE PURSUANT TO PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  MAY APPROVE OR DISAPPROVE SUCH NOMINATION. IF THE GOVERNOR
APPROVES SUCH NOMINATION, OR FAILS TO ACT ON SUCH NOMINATION WITHIN SUCH
THIRTY DAY PERIOD, THE NOMINEE SHALL THEREUPON COMMENCE HIS OR HER  TERM
AS  OMBUDSMAN.  IF,  WITHIN  SUCH THIRTY DAY PERIOD, THE GOVERNOR SERVES
UPON THE CHAIR OF SUCH BOARD A WRITTEN NOTICE  DISAPPROVING  SUCH  NOMI-
NATION,  THE  NOMINEE  SHALL  NOT  BE  AUTHORIZED  TO SERVE AS OMBUDSMAN
PROVIDED, HOWEVER, THAT SUCH BOARD MAY AUTHORIZE  AN  INTERIM  OMBUDSMAN
APPOINTED  PURSUANT  TO  PARAGRAPH  (A)  OF THIS SUBDIVISION TO SERVE OR
CONTINUE TO SERVE AS INTERIM OMBUDSMAN UNTIL SUCH TIME AS  AN  OMBUDSMAN
IS  APPROVED, OR NOT TIMELY DISAPPROVED, BY THE GOVERNOR.  FOLLOWING ANY
DISAPPROVAL, THE BOARD SHALL HAVE SIXTY DAYS TO SUBMIT ANOTHER  NOMINEE,
ALTHOUGH  SUCH PERIOD MAY BE EXTENDED, UPON REQUEST OF THE BOARD, BY THE
GOVERNOR. A PERSON APPOINTED AS INTERIM OMBUDSMAN MAY  EXERCISE  ALL  OF
THE POWERS AVAILABLE TO THE OMBUDSMAN.
  (C)  THE  OMBUDSMAN  MAY NOT HAVE WORKED FOR THE DEPARTMENT WITHIN THE
LAST TEN YEARS AND MAY NOT HOLD ANY PUBLIC OFFICE OR  OTHER  EMPLOYMENT.
THE  OMBUDSMAN  SHALL  SERVE A SIX-YEAR TERM AND MAY ONLY BE REMOVED FOR
GOOD CAUSE SHOWN, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, BY A VOTE
OF TWO-THIRDS OR MORE OF THE TWELVE MEMBERS OF THE BOARD.
  S 52. CORRECTIONAL OVERSIGHT BOARD.  1. THERE IS  HEREBY  CREATED  THE
CORRECTIONAL  OVERSIGHT BOARD HEREINAFTER REFERRED TO IN THIS SECTION AS
THE "BOARD". THE PURPOSE OF SUCH BOARD SHALL BE TO  MONITOR,  STUDY  AND
MAKE  EFFORTS  TO  IMPROVE  THE TRANSPARENCY, FAIRNESS, IMPARTIALITY AND
ACCOUNTABILITY IN STATE  CORRECTIONAL  FACILITIES  AND  TO  APPOINT  THE
OMBUDSMAN.   NO CURRENT EMPLOYEE OF THE DEPARTMENT SHALL BE APPOINTED TO
OR SERVE ON SUCH BOARD. THE BOARD SHALL CONSIST OF  TWELVE  MEMBERS  WHO
SHALL BE APPOINTED AS FOLLOWS:
  (A) ONE SHALL BE THE STATE INSPECTOR GENERAL;
  (B)  TWO  SHALL  BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
THE SENATE;
  (C) TWO SHALL BE APPOINTED BY THE GOVERNOR ON  THE  RECOMMENDATION  OF
THE ASSEMBLY;
  (D) TWO SHALL BE APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST SIX
NOMINEES  SUBMITTED  BY  NON-PROFIT  AGENCIES  WORKING  IN THE FIELDS OF
RE-ENTRY OR PRISONER ADVOCACY;

A. 9939                             3

  (E) ONE SHALL BE APPOINTED BY THE GOVERNOR AND SHALL BE A FORMER STATE
INMATE;
  (F)  ONE  SHALL  BE  APPOINTED  BY  THE GOVERNOR AND SHALL BE A FORMER
EMPLOYEE OF THE DEPARTMENT WHO IS NO LONGER IN STATE SERVICE;
  (G) ONE SHALL BE AN ATTORNEY APPOINTED BY THE GOVERNOR FROM A LIST  OF
AT LEAST FOUR NOMINEES SUBMITTED BY THE STATE BAR ASSOCIATION;
  (H) ONE SHALL BE A MEDICAL PROFESSIONAL APPOINTED BY THE GOVERNOR; AND
  (I)  ONE  SHALL  BE  A  MENTAL  HEALTH PROFESSIONAL WHO WORKS WITH THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS APPOINTED
BY THE GOVERNOR.
  2. ALL MEMBERS OF THE BOARD SHALL BE  APPOINTED  FOR  TERMS  OF  THREE
YEARS WITH SUCH TERMS TO COMMENCE ON AUGUST FIRST, AND EXPIRE JULY THIR-
TY-FIRST,  PROVIDED,  HOWEVER, THAT THE INSPECTOR GENERAL SHALL SERVE EX
OFFICIO. INITIAL APPOINTMENTS MUST BE MADE  WITHIN  SIXTY  DAYS  OF  THE
EFFECTIVE  DATE OF THIS SUBDIVISION. ANY MEMBER CHOSEN TO FILL A VACANCY
CREATED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR  THE
UNEXPIRED  TERM  OF  THE  MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES
CAUSED BY EXPIRATION OF A TERM OR OTHERWISE SHALL BE FILLED PROMPTLY AND
IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY  MEMBER  MAY  BE  REAP-
POINTED  FOR  ADDITIONAL  TERMS. A MEMBER OF THE BOARD SHALL CONTINUE IN
SUCH POSITION UPON THE EXPIRATION OF HIS OR HER TERM UNTIL SUCH TIME  AS
HE  OR  SHE  IS REAPPOINTED OR HIS OR HER SUCCESSOR IS APPOINTED, AS THE
CASE MAY BE.
  3. MEMBERSHIP ON THE BOARD SHALL NOT  CONSTITUTE  THE  HOLDING  OF  AN
OFFICE,  AND MEMBERS OF THE BOARD SHALL NOT BE REQUIRED TO TAKE AND FILE
OATHS OF OFFICE BEFORE SERVING ON THE BOARD. THE BOARD  SHALL  NOT  HAVE
THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.
  4.  THE  BOARD  SHALL  MEET AT LEAST TWO TIMES IN EACH YEAR. THE FIRST
MEETING OF THE BOARD SHALL BE HELD WITHIN THIRTY DAYS OF THE APPOINTMENT
OF THE FULL BOARD OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF  THIS
SUBDIVISION, WHICHEVER OCCURS EARLIER. SPECIAL MEETINGS MAY BE CALLED BY
THE  CHAIR AND SHALL BE CALLED BY THE CHAIR UPON THE REQUEST OF AT LEAST
FIVE MEMBERS OF THE BOARD. THE BOARD MAY ESTABLISH  ITS  OWN  PROCEDURES
WITH RESPECT TO THE CONDUCT OF ITS MEETINGS AND OTHER AFFAIRS; PROVIDED,
HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF
THE  GENERAL  CONSTRUCTION  LAW  SHALL  GOVERN  ALL ACTIONS TAKEN BY THE
BOARD.
  5. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
  6. NO MEMBER OF THE BOARD  SHALL  BE  DISQUALIFIED  FROM  HOLDING  ANY
PUBLIC  OFFICE  OR EMPLOYMENT OUTSIDE OF THE DEPARTMENT, NOR SHALL HE OR
SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT,  BY  REASON  OF  HIS  OR  HER
APPOINTMENT  PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS OF
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER.
  7. THE BOARD SHALL MAKE  RECOMMENDATIONS  TO  THE  OMBUDSMAN  FOR  THE
IMPROVEMENT OF THE DEPARTMENT'S POLICIES AND CONSULT WITH AND ADVISE THE
OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  IN CARRYING OUT THE DUTIES AND
RESPONSIBILITIES OF SUCH OFFICE.   THE OMBUDSMAN  SHALL  REPORT  TO  THE
BOARD  FULLY  ON  THE  ACTIVITIES  OF  THE  OFFICE  AND SHALL SEEK BOARD
APPROVAL ON ALL MAJOR DECISIONS OR POLICY CHANGES, INCLUDING ANY  STAND-
ARDS  OR PROTOCOLS ADOPTED BY THE OMBUDSMAN FOR THE INSPECTION AND MONI-
TORING OF  CORRECTIONAL  FACILITIES  OR  THE  RESOLUTION  OF  COMPLAINTS
RECEIVED BY THE OFFICE.
  8.  EACH  MEMBER  OF THE BOARD SHALL TOUR A CORRECTIONAL FACILITY WITH
THE OMBUDSMAN AT LEAST ANNUALLY.

A. 9939                             4

  S 53. POWERS OF THE OMBUDSMAN.    1.  THE  OMBUDSMAN  SHALL  HAVE  THE
AUTHORITY  TO  HIRE AND RETAIN COUNSEL TO PROVIDE CONFIDENTIAL ADVICE OR
TO REPRESENT THE OMBUDSMAN IF THE ATTORNEY GENERAL  HAS  A  CONFLICT  IN
REPRESENTING THE OMBUDSMAN IN ANY LITIGATION.
  2. THE OFFICE OF THE OMBUDSMAN SHALL NOT BE LOCATED IN THE SAME BUILD-
ING  OR  BUILDINGS  AS THE DEPARTMENT BUT SHALL BE WHOLLY INDEPENDENT OF
THE DEPARTMENT EXCEPT THAT THE DEPARTMENT SHALL PROVIDE IT  WITH  OFFICE
SPACE, EQUIPMENT AND FURNISHINGS WITHIN ANY DEPARTMENT FACILITY AS NEED-
ED TO CARRY OUT ITS FUNCTIONS AND DUTIES.
  3. THE OMBUDSMAN MAY APPOINT SUCH ASSISTANTS, OFFICERS, INVESTIGATORS,
MONITORS,  EMPLOYEES AND CONSULTANTS AS HE OR SHE SHALL DETERMINE NECES-
SARY, PRESCRIBE THEIR DUTIES AND POWERS, PROVIDE THEM  WITH  APPROPRIATE
TRAINING,  FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF THEIR
EXPENSES WITHIN  THE  AMOUNTS  APPROPRIATED  THEREFOR  EXCEPT  THAT  THE
OMBUDSMAN  SHALL  NOT HIRE ANY PERSON KNOWN TO BE DIRECTLY OR INDIRECTLY
INVOLVED IN AN OPEN INTERNAL  AFFAIRS  INVESTIGATION  CONDUCTED  BY  ANY
FEDERAL,  STATE OR LOCAL AGENCY OR WHO IS A NAMED DEFENDANT IN A PENDING
FEDERAL OR STATE LAWSUIT OR CRIMINAL PROCEEDING RELATING TO HIS  OR  HER
PRIOR WORK FOR A STATE, LOCAL OR FEDERAL CORRECTIONAL OR LAW ENFORCEMENT
AGENCY.  THE  OMBUDSMAN MAY APPOINT A REPRESENTATIVE TO CARRY OUT ANY OF
HIS OR HER DUTIES UNDER THIS ARTICLE  EXCEPT  THAT  THE  OMBUDSMAN  MUST
ATTEND MEETINGS WITH THE CORRECTIONAL OVERSIGHT BOARD.
  4. THE OMBUDSMAN MAY CREATE, ABOLISH, TRANSFER AND CONSOLIDATE BUREAUS
AND  OTHER  UNITS WITHIN THE OFFICE AS HE OR SHE MAY DETERMINE NECESSARY
FOR THE EFFICIENT OPERATION OF THE OFFICE, SUBJECT TO  THE  APPROVAL  OF
THE DIRECTOR OF THE BUDGET.
  5.  THE  OMBUDSMAN  MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
DIVISION, BUREAU, COMMISSION OR ANY OTHER AGENCY OF THE STATE  OR  POLI-
TICAL  SUBDIVISION  THEREOF  OR  ANY  PUBLIC  AUTHORITY SUCH ASSISTANCE,
INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY  OUT  ITS  FUNC-
TIONS, POWERS AND DUTIES.
  6.  THE  OMBUDSMAN SHALL BE RESPONSIBLE FOR THE CONTEMPORANEOUS PUBLIC
OVERSIGHT OF INTERNAL  AFFAIRS  AND  THE  DISCIPLINARY  PROCESS  OF  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY SUPERVISION.   THE OMBUDSMAN
SHALL HAVE DISCRETION TO PROVIDE OVERSIGHT OF  ANY  DEPARTMENT  INVESTI-
GATION  RELATING TO THE WELL-BEING, TREATMENT, DISCIPLINE, SAFETY OR ANY
OTHER MATTER CONCERNING INMATES OR PERSONS UNDER  COMMUNITY  SUPERVISION
AS NEEDED, INCLUDING PERSONNEL INVESTIGATIONS.
  7. THE OMBUDSMAN MAY REVIEW SPECIFIC POLICIES, PRACTICES, PROGRAMS AND
PROCEDURES OF THE DEPARTMENT THAT RAISE A SIGNIFICANT CORRECTIONAL ISSUE
RELEVANT  TO  THE  WELL-BEING,  TREATMENT, DISCIPLINE, SAFETY, REHABILI-
TATION OR ANY OTHER MATTER CONCERNING INMATES OR PERSONS UNDER COMMUNITY
SUPERVISION.  THE OMBUDSMAN IS AUTHORIZED  TO  INSPECT,  INVESTIGATE  OR
EXAMINE  ALL  ASPECTS  OF  THE  DEPARTMENT'S  OPERATIONS AND CONDITIONS,
INCLUDING, BUT NOT LIMITED TO, STAFF RECRUITMENT, TRAINING, SUPERVISION,
DISCIPLINE, INMATE DEATHS, MEDICAL AND MENTAL HEALTH CARE, USE OF FORCE,
INMATE VIOLENCE, CONDITIONS OF CONFINEMENT, INMATE DISCIPLINARY PROCESS,
INMATE GRIEVANCE PROCESS, SUBSTANCE-ABUSE TREATMENT, EDUCATIONAL,  VOCA-
TIONAL AND OTHER PROGRAMMING AND RE-ENTRY PLANNING. DURING THE COURSE OF
A  REVIEW THE OMBUDSMAN SHALL IDENTIFY AREAS OF FULL AND PARTIAL COMPLI-
ANCE OR NONCOMPLIANCE WITH DEPARTMENTAL POLICIES AND PROCEDURES, SPECIFY
DEFICIENCIES IN THE COMPLETION AND DOCUMENTATION OF PROCESSES AND RECOM-
MEND CORRECTIVE ACTIONS,  INCLUDING,  BUT  NOT  LIMITED  TO,  ADDITIONAL
TRAINING,  ADDITIONAL  POLICIES  OR  CHANGES IN POLICIES, AS WELL AS ANY
OTHER FINDINGS OR RECOMMENDATIONS HE OR SHE DEEMS APPROPRIATE.

A. 9939                             5

  8. THE OMBUDSMAN MAY PLACE SUCH MEMBERS OF HIS OR HER STAFF AS  HE  OR
SHE DEEMS APPROPRIATE AS MONITORS IN ANY CORRECTIONAL FACILITY WHICH, IN
THE JUDGMENT OF THE OMBUDSMAN, PRESENTS AN IMMINENT DANGER TO THE HEALTH
SAFETY OR SECURITY OF INMATES OR EMPLOYEES OF SUCH CORRECTIONAL FACILITY
OR THE PUBLIC.
  9.  THE  OMBUDSMAN SHALL ACCEPT, WITH THE APPROVAL OF THE GOVERNOR, AS
AGENT OF THE STATE ANY GRANT, INCLUDING FEDERAL GRANTS, OR ANY GIFT  FOR
ANY  OF  THE  PURPOSES  OF  THIS  ARTICLE. ANY MONEYS SO RECEIVED MAY BE
EXPENDED BY THE OMBUDSMAN TO EFFECTUATE ANY  PURPOSE  OF  THIS  ARTICLE,
SUBJECT TO THE SAME LIMITATIONS AS TO APPROVAL OF EXPENDITURES AND AUDIT
AS ARE PRESCRIBED FOR STATE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS
ARTICLE.
  10.  THE  OMBUDSMAN  MAY  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM,
CORPORATION, MUNICIPALITY, OR GOVERNMENTAL AGENCY.
  11. THE OMBUDSMAN SHALL ADOPT, AMEND OR RESCIND SUCH RULES  AND  REGU-
LATIONS, IN ACCORDANCE WITH APPLICABLE STATE LAW, AS MAY BE NECESSARY OR
CONVENIENT TO THE PERFORMANCE OF THE FUNCTIONS, POWERS AND DUTIES OF THE
OFFICE.
  12. THE OMBUDSMAN SHALL DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO
CARRY  OUT  ITS FUNCTIONS, POWERS AND DUTIES EXPRESSLY SET FORTH IN THIS
ARTICLE.
  13. WHEN EXIGENT CIRCUMSTANCES OF UNSAFE  OR  LIFE  THREATENING  SITU-
ATIONS  ARISE  INVOLVING INMATES, STAFF, PEOPLE ON COMMUNITY SUPERVISION
OR OTHER INDIVIDUALS, THE OMBUDSMAN SHALL NOTIFY THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF  THE  ASSEMBLY  AND  COMMENCE  AN
IMMEDIATE REVIEW OF SUCH CIRCUMSTANCES. UPON COMPLETION OF A REVIEW, THE
OMBUDSMAN  SHALL  PREPARE  A  COMPLETE  WRITTEN  REPORT  WHICH  SHALL BE
DISCLOSED WITH THE UNDERLYING MATERIALS THAT THE OMBUDSMAN DEEMS  APPRO-
PRIATE  TO  THE  COMMISSIONER, THE REQUESTING ENTITY AND ANY APPROPRIATE
LAW ENFORCEMENT AGENCY.
  14. (A) THE OMBUDSMAN SHALL INTERVIEW AND REVIEW  ALL  CANDIDATES  FOR
APPOINTMENT  TO  SERVE  AS  THE SUPERINTENDENT OF ANY STATE CORRECTIONAL
FACILITY. THE COMMISSIONER SHALL SUBMIT THE NAMES OF SUCH CANDIDATES  TO
THE  OMBUDSMAN  WHO  SHALL  REVIEW  SUCH  CANDIDATES' QUALIFICATIONS AND
EMPLOY CONFIDENTIAL PROCEDURES TO EVALUATE THE  QUALIFICATIONS  OF  EACH
CANDIDATE  WITH  REGARD TO HIS OR HER ABILITY TO DISCHARGE THE DUTIES OF
THE OFFICE TO WHICH HE OR SHE IS BEING APPOINTED. WITHIN NINETY DAYS  OF
THE SUBMISSION OF A CANDIDATE'S NAME, THE OMBUDSMAN SHALL CONFIDENTIALLY
ADVISE  THE COMMISSIONER AS TO WHETHER SUCH CANDIDATE IS WELL-QUALIFIED,
QUALIFIED OR NOT QUALIFIED AND THE REASONS THEREFORE AND MAY REPORT,  IN
CONFIDENCE,  ANY OTHER INFORMATION THAT THE OMBUDSMAN DEEMS PERTINENT TO
THE QUALIFICATION OF THE CANDIDATE. THE OMBUDSMAN  SHALL  ESTABLISH  AND
ADOPT  RULES  AND  PROCEDURES REGARDING THE REVIEW OF CANDIDATES FOR THE
POSITION OF SUPERINTENDENT AND FOR MAINTAINING  THE  CONFIDENTIALITY  OF
ANY INTERVIEWS, DOCUMENTS OR OTHER INFORMATION RELIED UPON IN HIS OR HER
REVIEW.  ALL  SUCH  INFORMATION  SHALL  BE PRIVILEGED AND NOT SUBJECT TO
DISCLOSURE.
  (B) IF THE COMMISSIONER APPOINTS A SUPERINTENDENT  WHO  THE  OMBUDSMAN
FOUND  WAS  NOT  QUALIFIED, THE OMBUDSMAN SHALL MAKE PUBLIC THAT FINDING
AFTER DUE NOTICE TO THE APPOINTEE.  ANY CANDIDATE FOUND TO BE NOT QUALI-
FIED BY THE OMBUDSMAN SHALL HAVE THE RIGHT TO  WITHDRAW  FROM  CONSIDER-
ATION  BEFORE  THE  OMBUDSMAN MAKES SUCH PUBLIC FINDING AND IN THAT CASE
THE FINDING SHALL NOT BE PUBLISHED.   SUCH  NOTICE  AND  PUBLIC  FINDING
SHALL  NOT CONSTITUTE A WAIVER OF PRIVILEGE OR BREACH OF CONFIDENTIALITY
CONCERNING THE OMBUDSMAN'S  REVIEW  OF  THE  APPOINTEE'S  QUALIFICATIONS
PURSUANT TO THIS SECTION.

A. 9939                             6

  15.    NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY, THE OMBUDSMAN SHALL
PERIODICALLY, BUT NOT LESS THAN EVERY THREE YEARS,  CONDUCT  INSPECTIONS
OF  EACH CORRECTIONAL FACILITY AND SHALL PERIODICALLY REVIEW DELIVERY OF
MEDICAL AND MENTAL HEALTH CARE  AT  EACH  CORRECTIONAL  FACILITY.    THE
OMBUDSMAN  SHALL  ISSUE A PUBLIC REPORT ON EACH CORRECTIONAL FACILITY AT
LEAST EVERY THREE YEARS.  THE OMBUDSMAN NEED NOT NOTIFY  THE  DEPARTMENT
BEFORE COMMENCING SUCH INSPECTION OR REVIEW.
  16.  ALL RECORDS, CORRESPONDENCE, VIDEOTAPES, AUDIOTAPES, PHOTOGRAPHS,
NOTES, ELECTRONIC COMMUNICATIONS,  BOOKS,  MEMORANDA,  PAPERS  OR  OTHER
DOCUMENTS  OR  OBJECTS USED AS EVIDENCE TO SUPPORT A COMPLETED REVIEW OR
INVESTIGATION MUST BE RETAINED FOR THREE YEARS AFTER A REPORT IS  ISSUED
UNLESS  HANDED  OVER  TO  A LAW ENFORCEMENT AGENCY FOR CRIMINAL INVESTI-
GATION. NO SUCH DOCUMENTS OR EVIDENCE SHALL  BE  DESTROYED  PENDING  THE
COMPLETION  OF  AN  INVESTIGATION OR REVIEW.  SUCH DOCUMENTS OR EVIDENCE
SHALL BE PUBLICLY AVAILABLE  UNLESS  CONFIDENTIAL  AND  NOT  SUBJECT  TO
DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW OR BY COURT ORDER.
  17. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW THE OMBUDSMAN SHALL
HAVE  COMPLETE ACCESS AND AUTHORITY TO EXAMINE AND REPRODUCE ANY AND ALL
PAST AND CURRENT BOOKS, ACCOUNTS, REPORTS,  MEDICAL  AND  MENTAL  HEALTH
RECORDS,  VOUCHERS,  CORRESPONDENCE FILES, COMPUTER FILES, COMPUTER DATA
BASES, DOCUMENTS,  VIDEO  AND  AUDIO  TAPE  RECORDINGS,  STATISTICS  AND
PERFORMANCE  BASED  OUTCOME  MEASURES  AND  ANY  AND  ALL OTHER PAST AND
CURRENT RECORDS AND TO EXAMINE THE BANK ACCOUNTS, MONEY OR  PROPERTY  OF
THE  DEPARTMENT.   ANY STATE OFFICE OR AGENCY OF A POLITICAL SUBDIVISION
OF THE STATE OR OTHER PUBLIC  ENTITY  OR  EMPLOYEE  OR  OFFICER  THEREOF
POSSESSING SUCH RECORDS OR PROPERTY SHALL PERMIT ACCESS TO, AND EXAMINA-
TION  AND  REPRODUCTION  THEREOF, CONSISTENT WITH THE PROVISIONS OF THIS
ARTICLE, UPON THE REQUEST THE OMBUDSMAN OR HIS OR HER DESIGNEE.  ACCESS,
EXAMINATION  AND  REPRODUCTION  CONSISTENT  WITH  THE  PROVISION OF THIS
SECTION SHALL NOT RESULT IN THE WAIVER OF ANY CONFIDENTIALITY OR  PRIVI-
LEGE REGARDING ANY RECORDS OR PROPERTY.
  18.  THE OMBUDSMAN MAY REQUIRE ANY STATE EMPLOYEE TO BE INTERVIEWED ON
A CONFIDENTIAL BASIS.  SUCH EMPLOYEE MUST COMPLY WITH THE REQUEST TO  BE
INTERVIEWED  AND  MUST  BE GIVEN TIME OFF FROM HIS OR HER EMPLOYMENT FOR
THE PURPOSES OF ATTENDING SUCH AN INTERVIEW AND MAY  BE  ACCOMPANIED  BY
COUNSEL  ACTING  ON  HIS OR HER BEHALF. THE OMBUDSMAN MAY ALSO CONDUCT A
CONFIDENTIAL INTERVIEW OF ANY INMATE OR OTHER PERSON UPON CONSENT.
  19. THE OMBUDSMAN MAY ENTER ANYWHERE ON THE GROUNDS OF ANY  DEPARTMENT
FACILITY  OR  OFFICE  FOR  THE  PURPOSES  OF OBSERVATION, INSPECTION AND
INVESTIGATION AND SHALL HAVE UNFETTERED  ACCESS  TO  ALL  AREAS  OF  THE
DEPARTMENT AND ANY FACILITY AT ANY TIME.
  20.  THE  OMBUDSMAN MAY CAUSE THE BODY OF A DECEASED INMATE TO UNDERGO
SUCH EXAMINATIONS, INCLUDING AN AUTOPSY, AS HE OR SHE DEEMS NECESSARY TO
DETERMINE THE CAUSE OF DEATH, IRRESPECTIVE OF WHETHER ANY SUCH  EXAMINA-
TION OR AUTOPSY SHALL HAVE BEEN PREVIOUSLY PERFORMED.
  21.  (A)  IN  THE  EXERCISE  OF  ITS FUNCTIONS, POWERS AND DUTIES, THE
OMBUDSMAN AND ANY ATTORNEY EMPLOYED BY THE OFFICE IS AUTHORIZED TO ISSUE
AND ENFORCE A SUBPOENA AND A SUBPOENA DUCES TECUM, ADMINISTER OATHS  AND
EXAMINE  PERSONS  UNDER  OATH,  IN ACCORDANCE WITH AND PURSUANT TO CIVIL
PRACTICE LAW AND RULES. A PERSON EXAMINED UNDER OATH  PURSUANT  TO  THIS
SUBDIVISION  SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY COUNSEL WHO SHALL
ADVISE THE PERSON OF HIS OR HER RIGHTS SUBJECT TO REASONABLE LIMITATIONS
TO PREVENT OBSTRUCTION OF, OR INTERFERENCE WITH, THE ORDERLY CONDUCT  OF
THE  EXAMINATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SUBPOENA
MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVISION FOR THE  MEDICAL
RECORDS  OF  AN INMATE OF A CORRECTIONAL FACILITY, REGARDLESS OF WHETHER

A. 9939                             7

SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE OF THE INMATE'S  INCAR-
CERATION.
  (B)  IN ANY CASE WHERE A PERSON IN CHARGE OR CONTROL OF A CORRECTIONAL
FACILITY OR AN OFFICER OR EMPLOYEE THEREOF SHALL FAIL TO COMPLY WITH THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, OR IN ANY CASE WHERE  A
CORONER,  CORONER'S  PHYSICIAN  OR MEDICAL EXAMINER SHALL FAIL TO COMPLY
WITH  THE  PROVISIONS  OF  SUBDIVISION  SIX  OF  SECTION   SIX   HUNDRED
SEVENTY-SEVEN  OF THE COUNTY LAW, THE OMBUDSMAN MAY APPLY TO THE SUPREME
COURT FOR AN ORDER DIRECTED TO SUCH PERSON REQUIRING  COMPLIANCE  THERE-
WITH.  UPON  SUCH  APPLICATION  THE COURT MAY ISSUE SUCH ORDER AS MAY BE
JUST AND A FAILURE TO COMPLY WITH THE ORDER OF  THE  COURT  SHALL  BE  A
CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
  22. THE OMBUDSMAN SHALL NOT BE COMPELLED TO TESTIFY OR RELEASE RECORDS
WITHOUT  A COURT ORDER THAT ARE OTHERWISE EXEMPT FROM PUBLIC DISCLOSURE,
INCLUDING DOCUMENTS PERTAINING TO ANY INVESTIGATION THAT  HAS  NOT  BEEN
COMPLETED OR ANY IDENTIFYING INFORMATION, PERSONAL PAPERS OR CORRESPOND-
ENCE WITH ANY PERSON WHO HAS REQUESTED ASSISTANCE FROM THE OFFICE UNLESS
THAT  PERSON  CONSENTS  IN  WRITING  TO THE RELEASE OF SUCH INFORMATION,
PAPERS OR CORRESPONDENCE.
  23. THE OMBUDSMAN MAY HOLD PUBLIC HEARINGS.
  S 54. ADDITIONAL FUNCTIONS, POWERS AND DUTIES OF  THE  OFFICE  OF  THE
OMBUDSMAN.  1. THE OFFICE MAY RECEIVE COMMUNICATIONS FROM ANY INDIVIDUAL
WHO  BELIEVES  HE OR SHE MAY HAVE INFORMATION THAT MAY DESCRIBE IMPROPER
GOVERNMENTAL ACTIVITIES OR WRONGDOING WITHIN  THE  DEPARTMENT.    INMATE
MAIL  TO  AND  FROM THE OMBUDSMAN SHALL BE TREATED IN THE SAME MANNER AS
LEGAL MAIL AND MAY NOT BE RESTRICTED BY THE DEPARTMENT,  THE  OFFICE  OF
MENTAL HEALTH OR ANY OTHER ENTITY.
  (A) THE OMBUDSMAN SHALL ESTABLISH A TOLL-FREE TELEPHONE NUMBER FOR THE
PURPOSE  OF  IDENTIFYING  ANY  ALLEGED  WRONGDOING BY AN EMPLOYEE OF THE
DEPARTMENT.  THIS TELEPHONE NUMBER SHALL BE POSTED BY THE DEPARTMENT  IN
CLEAR  VIEW  OF  EMPLOYEES, INMATES AND THE PUBLIC, AND INMATES SHALL BE
PERMITTED TO CALL SUCH NUMBER DURING NORMAL HOURS FOR TELEPHONE USAGE OR
WITHIN TWENTY-FOUR HOURS OF ADMISSION TO A SPECIAL HOUSING UNIT OR OTHER
UNIT WITH RESTRICTED TELEPHONE ACCESS.  TELEPHONE  CALLS  MADE  TO  SUCH
TOLL-FREE  NUMBER  FROM A CORRECTIONAL FACILITY SHALL NOT BE RECORDED BY
THE  DEPARTMENT  AND  ARE  PROTECTED  CONFIDENTIAL  COMMUNICATIONS.  THE
OMBUDSMAN  SHALL  ALSO MAINTAIN A WEBSITE WITH A COMPLAINT FORM THAT MAY
BE FILLED OUT ONLINE AND SHALL ALSO ACCEPT COMPLAINTS BY MAIL  OR  OTHER
MEANS  ALLEGING  WRONGDOING  BY  AN  EMPLOYEE  OF  THE  DEPARTMENT. WHEN
REQUESTED, THE OMBUDSMAN SHALL INITIATE A REVIEW  OF  ANY  SUCH  ALLEGED
WRONGDOING  WHICH MAY RESULT IN AN INVESTIGATION OF THE ALLEGED WRONGDO-
ING AT THE OMBUDSMAN'S DISCRETION.
  (B) AT THE CONCLUSION OF AN INVESTIGATION OF A COMPLAINT, THE  OMBUDS-
MAN  SHALL  REPORT HIS OR HER FINDINGS TO THE COMPLAINANT AND ANY PERSON
DESIGNATED TO RECEIVE SUCH FINDINGS BY THE COMPLAINANT. IF THE OMBUDSMAN
DOES NOT INVESTIGATE A COMPLAINT, HE OR SHE SHALL NOTIFY THE COMPLAINANT
AND SUCH OTHER PERSON OF THE DECISION NOT TO INVESTIGATE AND THE REASONS
FOR THE DECISION.  IF THE COMPLAINANT IS DECEASED AT  THE  TIME  OF  THE
COMPLETION  OF  AN  INVESTIGATION, THE OMBUDSMAN SHALL REPORT HIS OR HER
FINDINGS TO THE COMPLAINANT'S NEXT OF KIN WHEN SUCH PERSON IS  KNOWN  TO
THE OMBUDSMAN OR TO THE DEPARTMENT.
  (C)  THE OMBUDSMAN MAY ACT INFORMALLY TO RESOLVE A COMPLAINT INCLUDING
PROVIDING REFERRALS OR INFORMATION TO COMPLAINANTS, EXPEDITING  INDIVID-
UAL MATTERS, MEDIATING OR PROVIDING OTHER ASSISTANCE.
  (D)  ALL  IDENTIFYING  INFORMATION  AND ANY PERSONAL RECORDS OR CORRE-
SPONDENCE FROM ANY PERSON WHO  INITIATED  THE  REVIEW  OF  SUCH  ALLEGED

A. 9939                             8

WRONGDOING  SHALL  BE CONFIDENTIAL UNLESS THE PERSON CONSENTS TO DISCLO-
SURE IN WRITING.
  (E)  WHERE  THE  OMBUDSMAN  BELIEVES  THAT  AN  ALLEGATION OF CRIMINAL
MISCONDUCT HAS BEEN MADE BY A COMPLAINANT, HE OR SHE SHALL  REPORT  SUCH
ALLEGATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.
  2.  UPON  RECEIVING  A  COMPLAINT OF RETALIATION FOR COMPLAINING TO OR
COOPERATING WITH THE OMBUDSMAN, THE OMBUDSMAN SHALL COMMENCE AN  INQUIRY
INTO  THE  COMPLAINT  AND  CONDUCT  A FORMAL INVESTIGATION.   SHOULD THE
OMBUDSMAN FIND THAT A COMPLAINT OF RETALIATION IS FOUNDED AS A RESULT OF
AN INVESTIGATION, HE OR SHE SHALL SO  NOTIFY  THE  DEPARTMENT  AND  MAKE
RECOMMENDATIONS FOR CORRECTIVE ACTION TO BE TAKEN BY THE DEPARTMENT. THE
OMBUDSMAN  SHALL  MAKE THE RESULTS AND SUPPORTING EVIDENCE OF ITS FORMAL
INVESTIGATION AVAILABLE TO  THE  DIVISION  OF  HUMAN  RIGHTS  SHOULD  AN
EMPLOYEE  FILE  A  RETALIATION COMPLAINT WITH SUCH AGENCY AND CONSENT TO
SUCH DISCLOSURE IN WRITING.
  3. TO FACILITATE OVERSIGHT, THE OFFICE SHALL BE  IMMEDIATELY  NOTIFIED
BY  THE  DEPARTMENT OF ALL UNUSUAL AND SIGNIFICANT INCIDENCES INCLUDING,
BUT NOT LIMITED TO, RIOTS OR FIGHTS INVOLVING MULTIPLE  COMBATANTS,  USE
OF  FORCE,  INMATE  DEATHS,  SERIOUS  PHYSICAL  ASSAULTS ON EMPLOYEES OR
INMATES, WORK STOPPAGES AND ESCAPES AND SHALL BE  GIVEN  MONTHLY  AGGRE-
GATED  REPORTS OF UNUSUAL INCIDENTS AND INMATE GRIEVANCES BY THE DEPART-
MENT.  EMPLOYEES OF THE OFFICE SHALL BE PERMITTED TO BE PRESENT  IN  ANY
DEPARTMENT  INTERNAL  INVESTIGATION  OR  INQUIRY.  THE  OFFICE  SHALL BE
RESPONSIBLE FOR REPORTING SUCH UNUSUAL AND SIGNIFICANT INCIDENTS AND THE
OUTCOME OF ITS INVESTIGATIONS INTO SUCH INCIDENTS TO THE PUBLIC NO  LESS
THAN QUARTERLY.
  4. (A) THE OMBUDSMAN SHALL ANNUALLY PREPARE A PUBLIC REPORT AND SUMMA-
RY  OF  ALL  INVESTIGATIONS AND REVIEWS, INCLUDING A LIST OF SIGNIFICANT
PROBLEMS DISCOVERED BY THE OFFICE, WHETHER OR  NOT  THE  RECOMMENDATIONS
MADE  BY  THE  OFFICE  HAVE BEEN IMPLEMENTED, AND A LIST OF THE OFFICE'S
HIGH PRIORITIES FOR THE FOLLOWING YEAR. THE OMBUDSMAN SHALL SUBMIT  SUCH
REPORT  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE SENATE, AND
SPEAKER OF THE ASSEMBLY BY DECEMBER  THIRTY-FIRST  OF  EACH  YEAR.  SUCH
REPORT  SHALL  BE  POSTED  IN  ELECTRONIC  FORM  ON  THE OFFICE'S PUBLIC
WEBSITE.  THE OMBUDSMAN SHALL BE AUTHORIZED TO REDACT PORTIONS  OF  SUCH
REPORT  IN  A  MANNER CONSISTENT WITH ARTICLE SIX OF THE PUBLIC OFFICERS
LAW OR WHERE DISCLOSURE IS OTHERWISE PROHIBITED BY LAW.
  (B) UPON REVIEW OF THE CAUSE OF DEATH  AND  CIRCUMSTANCES  SURROUNDING
THE  DEATH OF ANY INMATE IN A CORRECTIONAL FACILITY, THE OMBUDSMAN SHALL
SUBMIT ITS REPORT THEREON TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY,
THE  TEMPORARY  PRESIDENT OF THE SENATE, THE CHAIRPERSON OF THE ASSEMBLY
CORRECTION COMMITTEE, THE CHAIRPERSON OF THE SENATE CRIME AND CORRECTION
COMMITTEE, AND THE COMMISSIONER, AND, WHERE APPROPRIATE, MAKE  RECOMMEN-
DATIONS  TO PREVENT THE RECURRENCE OF SUCH DEATHS. SUCH REPORTS SHALL BE
PUBLISHED ON THE OFFICE'S WEBSITE AND SHALL OTHERWISE BE MADE  AVAILABLE
TO THE PUBLIC.
  (C)  THE  OMBUDSMAN  SHALL  MAKE AN ANNUAL REPORT TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
CHAIRPERSON  OF THE ASSEMBLY CORRECTION COMMITTEE AND THE CHAIRPERSON OF
THE SENATE CRIME AND CORRECTION COMMITTEE ON THE  CONDITION  OF  SYSTEMS
FOR  THE  DELIVERY OF MEDICAL CARE TO INMATES OF CORRECTIONAL FACILITIES
AND, WHERE APPROPRIATE, RECOMMEND SUCH CHANGES AS IT SHALL  DEEM  NECES-
SARY  AND PROPER TO IMPROVE THE QUALITY AND AVAILABILITY OF SUCH MEDICAL
CARE. SUCH REPORT SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE  AND  SHALL
OTHERWISE BE MADE AVAILABLE TO THE PUBLIC.

A. 9939                             9

  (D) ALL PUBLIC REPORTS BY THE OMBUDSMAN SHALL NOT DISCLOSE INFORMATION
WHERE PROHIBITED BY LAW.
  S 55. ADDITIONAL DUTIES OF THE DEPARTMENT.  1. STATE EMPLOYEES OPERAT-
ING  WITHIN  A  CORRECTIONAL  FACILITY MUST COOPERATE FULLY AND PROMPTLY
WITH THE OMBUDSMAN.
  2. THE DEPARTMENT SHALL RESPOND IN WRITING TO ANY RECOMMENDATIONS MADE
BY THE OMBUDSMAN OR HIS OR HER DESIGNEE WITHIN FORTY-FIVE DAYS AND SHALL
STATE WITH SPECIFICITY ITS REASONS FOR FAILING TO ACT ON ANY SUCH RECOM-
MENDATION. SUCH WRITINGS SHALL BE MADE PUBLIC BY  THE  OMBUDSMAN  EXCEPT
THAT  INFORMATION  WHICH WOULD REVEAL CONFIDENTIAL MATERIAL THAT MAY NOT
BE RELEASED PURSUANT TO FEDERAL OR STATE LAW SHALL  BE  REACTED  BY  THE
OMBUDSMAN FROM ANY SUCH REPORT OR RECOMMENDATION.
  3.  THE  COMMISSIONER  SHALL  IMMEDIATELY  REPORT TO THE OMBUDSMAN THE
DEATH OF AN INMATE OF ANY SUCH FACILITY IN SUCH MANNER AND FORM  AS  THE
OMBUDSMAN  SHALL  PRESCRIBE AND SHALL PROVIDE HIM OR HER WITH AN AUTOPSY
REPORT WHEN AVAILABLE.
  S 56.  OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN.   A
PERSON  IS  GUILTY  OF  OBSTRUCTING AN INVESTIGATION BY THE CORRECTIONAL
OMBUDSMAN WHEN, WITH INTENT TO OBSTRUCT OR IMPEDE AN INQUIRY OR INVESTI-
GATION BY THE CORRECTIONAL  OMBUDSMAN  APPOINTED  PURSUANT  TO  SECTIONS
FIFTY-THREE  OR  FIFTY-FOUR  OF  THE CORRECTION LAW, HE OR SHE KNOWINGLY
DESTROYS OR KNOWINGLY FAILS TO PERMIT  ACCESS  TO,  EXAMINATION  OF,  OR
REPRODUCTION  BY THE OFFICE OF SUCH CORRECTIONAL OMBUDSMAN, OF ANY BOOK,
ACCOUNT, BANK ACCOUNT INFORMATION, REPORT,  VOUCHER,  CORRESPONDENCE  OR
CORRESPONDENCE  FILE, COMPUTER FILE, COMPUTER DATA BASE, DOCUMENT, VIDEO
OR AUDIO RECORDING, STATISTIC  OR  PERFORMANCE  BASED  OUTCOME  MEASURE,
MONEY, PROPERTY OR ANY OTHER RECORD OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION LAWFULLY REQUESTED BY SUCH CORRECTIONAL OMBUDSMAN.
OBSTRUCTING  AN INVESTIGATION BY THE CORRECTIONAL OMBUDSMAN IS A CLASS A
MISDEMEANOR.
  S 2. Section 2 of the correction law is  amended  by  adding  two  new
subdivisions 32 and 33 to read as follows:
  32. "OFFICE" MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
  33.  "OMBUDSMAN"  MEANS  THE COMMISSIONER OF THE OFFICE OF THE CORREC-
TIONAL OMBUDSMAN.
  S 3. Subdivision 3 of section 40 of the correction law, as amended  by
section  13 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
  3. "Correctional facility" means  [any  institution  operated  by  the
state  department  of  corrections and community supervision,] any local
correctional facility, or any place, OTHER  THAN  A  STATE  CORRECTIONAL
FACILITY  OPERATED  BY THE DEPARTMENT, used, pursuant to a contract with
the state or a municipality, for the detention of persons  charged  with
or  convicted  of  a  crime, or, for the purpose of this article only, a
secure facility operated by the office of children and family services.
  S 4. Paragraph 1 of subdivision (c) of section 42  of  the  correction
law,  as added by chapter 865 of the laws of 1975, is amended to read as
follows:
  1. Advise and assist the commission in developing policies, plans  and
programs  for  improving  the commission's performance of its duties and
for coordinating the efforts of the commission and of correctional offi-
cials to improve conditions of  care,  treatment,  safety,  supervision,
rehabilitation, recreation, training and education in LOCAL correctional
facilities;
  S  5.  Subdivisions  1,  2,  3,  4,  6, 8, and 10 of section 45 of the
correction law, subdivisions 1 and 2 as added by chapter 865 of the laws

A. 9939                            10

of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as
amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi-
vision 4 as amended by section 15 of subpart A of part C of  chapter  62
of  the laws of 2011, subdivision 8 as amended by section 2 of part D of
chapter 63 of the laws of  2005,  paragraph  (b)  of  subdivision  8  as
amended  by  section  4 of part H of chapter 56 of the laws of 2009, are
amended to read as follows:
  1. Advise and assist the governor in developing  policies,  plans  and
programs  for improving the administration of LOCAL correctional facili-
ties and the delivery of services therein.
  2. Make recommendations to administrators of LOCAL correctional facil-
ities for improving the administration of such  correctional  facilities
and the delivery of services therein.
  3.  Except  in  circumstances  involving  health,  safety  or  alleged
violations of  established  standards  of  the  commission,  visit,  and
inspect  LOCAL correctional facilities consistent with a schedule deter-
mined by the chairman  of  the  commission,  taking  into  consideration
available  resources, workload and staffing, and appraise the management
of such correctional facilities with specific attention to matters  such
as safety, security, health of inmates, sanitary conditions, rehabilita-
tive programs, disturbance and fire prevention and control preparedness,
and adherence to laws and regulations governing the rights of inmates.
  4.  Establish  procedures  to assure effective investigation of griev-
ances of, and conditions affecting, inmates of local correctional facil-
ities.  Such procedures shall include but not be limited to  receipt  of
written  complaints,  interviews  of  persons, and on-site monitoring of
conditions.  [In addition, the commission shall establish procedures for
the speedy and impartial review of grievances  referred  to  it  by  the
commissioner  of  the  department  of  corrections  and community super-
vision.]
  6. Promulgate rules and regulations establishing minimum standards for
the review of the construction  or  improvement  of  LOCAL  correctional
facilities  and  the  care, custody, correction, treatment, supervision,
discipline, and other correctional programs for all persons confined  in
SUCH  correctional  facilities.  Such  rules  and  regulations  shall be
forwarded to the governor, the temporary president of the senate and the
speaker of the assembly no later than January  first,  nineteen  hundred
seventy-six and annually thereafter.
  8. [(a)] Close any LOCAL correctional facility which is unsafe, unsan-
itary  or inadequate to provide for the separation and classification of
prisoners required by law or which has not adhered to or  complied  with
the  rules  or regulations promulgated with respect to any such facility
by the commission pursuant to the provisions of subdivision six of  this
section;  provided, however, that before such facility may be closed due
to conditions which are unsafe, unsanitary or inadequate to provide  for
the  separation  and  classification  of prisoners, the commission shall
cause a citation to be mailed to  the  appropriate  municipal  or  other
official  at  least ten days before the return day thereof directing the
responsible authorities designated to appear before such  commission  at
the  time  and  place set forth in the citation, and show cause why such
correctional facility should not be closed. After a hearing  thereon  or
upon  the  failure to appear, such commission is empowered to order such
facility designated in the citation closed within  twenty  days,  during
which  time the respondent authority may review such order in the manner
provided in article seventy-eight of the civil practice law  and  rules,
in  the  supreme  court.  Fifteen days after the order to close has been

A. 9939                            11

served by a registered letter upon the appropriate official if no  court
review  has been taken, and fifteen days after the order of such commis-
sion has been confirmed by the court, in  case  of  court  review,  such
facility designated in the order shall be closed, and it shall be unlaw-
ful to confine or detain any person therein and any officer confining or
detaining any person therein shall be guilty of a class A misdemeanor.
  [(b)  Before a correctional facility as defined in subdivision four of
section two of this chapter, may be closed for a reason other than those
set forth in paragraph  (a)  of  this  subdivision,  the  provisions  of
section seventy-nine-a of this chapter shall be adhered to.]
  10. Approve or reject plans and specifications for the construction or
improvement  of  LOCAL  correctional facilities that directly affect the
health of inmates and staff, safety, or security.
  S 6. Section 46 of the correction law, as added by chapter 865 of  the
laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws
of  2012,  and  subdivision  3  as amended by chapter 490 of the laws of
2015, is amended to read as follows:
  S 46. Additional functions, powers and duties of  the  commission.  1.
The  commission, any member or any employee designated by the commission
must be granted access at any and all times to  any  LOCAL  correctional
facility  or  part  thereof  and  to  all books, records, inmate medical
records and data pertaining to any correctional facility  deemed  neces-
sary for carrying out the commission's functions, powers and duties. The
commission,  any  member  or any employee designated by the chairman may
require from the officers or employees of [a] SUCH correctional facility
any information deemed necessary for the purpose  of  carrying  out  the
commission's functions, powers and duties.
  2.  In  the  exercise of its functions, powers and duties, the commis-
sion, any member, and any attorney employed by the commission is author-
ized to issue and enforce a subpoena and a subpoena duces tecum,  admin-
ister  oaths  and  examine  persons  under  oath, in accordance with and
pursuant to civil practice law and rules. A person examined  under  oath
pursuant  to  this subdivision shall have the right to be accompanied by
counsel who shall advise the person of their rights subject  to  reason-
able  limitations  to  prevent obstruction of, or interference with, the
orderly conduct of the examination. Notwithstanding any other  provision
of  law, a subpoena may be issued and enforced pursuant to this subdivi-
sion for the medical records of an inmate of  a  correctional  facility,
regardless  of  whether such medical records were made during the course
of the inmate's incarceration.
  3. In any case where a person in charge or control of a LOCAL  correc-
tional  facility  or an officer or employee thereof shall fail to comply
with the provisions of subdivision one, or in any case where a  coroner,
coroner's  physician  or  medical examiner shall fail to comply with the
provisions of subdivision six of section six  hundred  seventy-seven  of
the  county  law,  the  commission may apply to the supreme court for an
order directed to such person requiring compliance therewith. Upon  such
application  the court may issue such order as may be just and a failure
to comply with the order of the court shall be a contempt of  court  and
punishable as such.
  4. In any case where any rule or regulation promulgated by the commis-
sion  pursuant  to subdivision six of section forty-five OF THIS ARTICLE
or the laws relating to the  construction,  management  and  affairs  of
[any]  A  LOCAL  correctional facility or the care, treatment and disci-
pline of its inmates, are being or are about to be violated, the commis-
sion shall notify the person in charge or control  of  the  facility  of

A. 9939                            12

such  violation,  recommend  remedial  action, and direct such person to
comply with the rule, regulation or law, as the case may  be.  Upon  the
failure  of  such  person to comply with the rule, regulation or law the
commission  may apply to the supreme court for an order directed to such
person requiring compliance with such rule, regulation or law. Upon such
application the court may issue such order as may be just and a  failure
to  comply  with the order of the court shall be a contempt of court and
punishable as such.
  S 7. Section 47 of the correction law, as added by chapter 865 of  the
laws  of  1975,  subdivision  2 as amended by chapter 491 of the laws of
1987, is amended to read as follows:
  S 47. Functions, powers and duties of the board. 1.  The  board  shall
have the following functions, powers and duties:
  (a) Investigate and review the cause and circumstances surrounding the
death of any inmate of a LOCAL correctional facility.
  (b)  Visit  and  inspect  any  LOCAL  correctional facility wherein an
inmate has died.
  (c) Cause the body of  the  deceased  to  undergo  such  examinations,
including  an  autopsy, as in the opinion of the board, are necessary to
determine the cause of death, irrespective of whether any such  examina-
tion or autopsy shall have previously been performed.
  (d)  Upon  review  of the cause of death and circumstances surrounding
the death of any inmate IN A  LOCAL  CORRECTIONAL  FACILITY,  the  board
shall  submit  its  report  thereon to the commission, THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
CHAIRPERSON  OF THE ASSEMBLY CORRECTION COMMITTEE AND THE CHAIRPERSON OF
THE SENATE CRIME AND CORRECTION COMMITTEE, and, where appropriate,  make
recommendations  to prevent the recurrence of such deaths to the commis-
sion and the administrator of the appropriate correctional facility.
  (e) Investigate and report to  the  commission  on  the  condition  of
systems for the delivery of medical care to inmates of LOCAL correction-
al  facilities  and where appropriate recommend such changes as it shall
deem necessary and proper to improve the  quality  and  availability  of
such medical care.
  2.  Every  administrator  of a LOCAL correctional facility shall imme-
diately report to the board the death of an inmate of any such  facility
in  such  manner and form as the board shall prescribe, together with an
autopsy report.
  S 8. Section 89-a of the correction law, as amended by chapter 409  of
the laws of 1991, is amended to read as follows:
  S  89-a.  [1.]  Management  of alternate correctional facilities.   1.
Superintendence, management and control of alternate correctional facil-
ities and the eligible inmates housed therein shall be  as  directed  by
the commissioner consistent with the following: an alternate correction-
al  facility shall be operated pursuant to rules and regulations promul-
gated for such facilities by the commissioner in consultation  with  the
[state  commission  of  correction] OFFICE OF THE CORRECTIONAL OMBUDSMAN
and the provisions of the operation agreement.  The  commissioner  shall
operate  such  facility  insofar  as practicable in the same manner as a
general confinement facility which houses medium security state inmates.
Nothing herein, however, shall preclude the commissioner from  enhancing
staffing  or programming to accommodate the particular needs of eligible
inmates pursuant to the operation agreement. No inmate shall  be  housed
in  any  alternate  correctional  facility  until such facility has been
established in accordance with the provisions of section eighty-nine  of
this article. The population in an alternate correctional facility shall

A. 9939                            13

not  exceed  its design capacity of approximately seven hundred eligible
inmates except pursuant to variances permitted by  law,  rule  or  regu-
lation or court order.
  2.  Notwithstanding any other provisions of law, no variance authoriz-
ing an alternate correctional facility to  exceed  its  design  capacity
shall  be  granted  after  March  fifteenth, nineteen hundred ninety-two
unless the mayor of the city of New  York  submits,  together  with  the
variance  request, a certificate of emergency demonstrating the need for
such variance and that reasonable alternatives to the  granting  of  the
variance  do  not  exist,  and containing a detailed summary of measures
that will be taken to restore compliance with such design capacity.  The
[chairman of the state commission of  correction]  COMMISSIONER  OF  THE
OFFICE OF THE CORRECTIONAL OMBUDSMAN shall transmit, in a timely manner,
notice  of  such  request  to  the  chairmen  of  the  senate  crime and
correction committee and the assembly correction committee.
  S 9. Subdivision 1 of section 89-e of the correction law,  as  amended
by section 47 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
  1.  The  alternate correctional facility review panel is hereby estab-
lished and shall consist of the commissioner, [the chairman of the state
commission of correction] THE COMMISSIONER OF THE OFFICE OF THE  CORREC-
TIONAL  OMBUDSMAN,  the chairman of the board of parole, the director of
the office of probation and correctional alternatives, the  commissioner
of  correction  of  the  city of New York, the president of the New York
State Sheriffs' Association Institute, Inc., and the  president  of  the
Correctional  Association  of  New York or their designees. The governor
shall appoint a chairman and vice-chairman from among the members.
  S 10. Section 89-f of the correction law, as added by chapter  549  of
the laws of 1987, is amended to read as follows:
  S  89-f. Oversight. The [state commission of correction] OFFICE OF THE
CORRECTIONAL  OMBUDSMAN  shall  exercise  the  same  powers  and  duties
concerning  each  alternate  correctional  facility  as the [commission]
OFFICE is required to exercise concerning a New York state  correctional
facility. The [commission] OFFICE shall prepare an annual report on each
alternate  correctional  facility  which  shall  evaluate and assess the
department's compliance with all rules  and  regulations  applicable  to
that  facility  and  the  operation agreement and which shall include an
analysis of the frequency and severity  of  all  unusual  incidents  and
assaults  occurring  in that facility. The annual reports shall be filed
with the governor, the mayor of the city of New York,  the  chairman  of
the  senate  crime  and  correction  committee,  and the chairman of the
assembly committee on correction no later than the first day of June  of
each year.
  S  11.  Subdivision 1 of section 112 of the correction law, as amended
by section 19 of subpart A of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  1.  The  commissioner  of  corrections and community supervision shall
have the superintendence, management and  control  of  the  correctional
facilities in the department and of the inmates confined therein, and of
all  matters relating to the government, discipline, policing, contracts
and fiscal concerns thereof. He or she shall have the power and it shall
be his or her duty to inquire  into  all  matters  connected  with  said
correctional  facilities  AND  TO  REPORT ANY ALLEGATIONS OF CORRUPTION,
FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE TO  THE  OFFICE
OF  THE  CORRECTIONAL  OMBUDSMAN FOR INVESTIGATION, AS WELL AS REPORT TO
SUCH OFFICE ON OTHER CORRECTIONAL ISSUES, INCLUDING, BUT NOT LIMITED TO,

A. 9939                            14

STAFF RECRUITMENT, TRAINING,  SUPERVISION,  DISCIPLINE,  INMATE  DEATHS,
MEDICAL  AND  MENTAL  HEALTH CARE, USE OF FORCE, INMATE VIOLENCE, CONDI-
TIONS OF CONFINEMENT,  INMATE  DISCIPLINARY  PROCESS,  INMATE  GRIEVANCE
PROCESS,  SUBSTANCE-ABUSE  TREATMENT,  EDUCATIONAL, VOCATIONAL AND OTHER
PROGRAMMING AND RE-ENTRY PLANNING. He or she shall make such  rules  and
regulations,  not  in  conflict with the statutes of this state, for the
government of  the  officers  and  other  employees  of  the  department
assigned to said facilities, and in regard to the duties to be performed
by  them,  and  for  the  government and discipline of each correctional
facility, as he or she may deem proper, and shall cause such  rules  and
regulations  to be recorded by the superintendent of the facility, and a
copy thereof to be furnished to each employee assigned to the  facility.
He  or  she  shall also prescribe a system of accounts and records to be
kept at each correctional facility, which system shall be uniform at all
of said facilities, and he or she shall also make rules and  regulations
for  a  record of photographs and other means of identifying each inmate
received into said facilities. He  or  she  shall  appoint  and  remove,
subject  to  the  civil  service law and rules, subordinate officers and
other employees of the  department  who  are  assigned  to  correctional
facilities.
  S  12.  Subdivision 1 of section 146 of the correction law, as amended
by chapter 234 of the laws of 2013, is amended to read as follows:
  1. The following persons shall be authorized to visit at pleasure  all
correctional  facilities:  The governor and lieutenant-governor, commis-
sioner of general services, secretary of state, comptroller  and  attor-
ney-general,  members  of the commission of correction, ANY EMPLOYEE OF,
OR PERSON UNDER CONTRACT TO, THE OFFICE OF THE  CORRECTIONAL  OMBUDSMAN,
MEMBERS  OF THE CORRECTIONAL OVERSIGHT BOARD, members of the legislature
and any employee of the department as requested by  the  member  of  the
legislature  if  the member requests to be so accompanied, provided that
such request does not impact upon the department's ability to supervise,
manage and control its facilities as  determined  by  the  commissioner,
judges  of  the  court  of  appeals,  supreme  court  and county judges,
district attorneys and every clergyman or minister, as  such  terms  are
defined  in section two of the religious corporations law, having charge
of a congregation in the county wherein any such facility  is  situated.
No  other  person  not otherwise authorized by law shall be permitted to
enter a correctional facility except by authority of the commissioner of
correction under such regulations as the commissioner  shall  prescribe.
The  provisions  of  this  section  shall not apply to such portion of a
correctional facility in which  inmates  under  sentence  of  death  are
confined.
  S  13. Section 853 of the correction law, as amended by chapter 757 of
the laws of 1981, is amended to read as follows:
  S 853. Reporting and information. To ensure the  accurate  maintenance
and availability of statistics and records with respect to participation
in temporary release programs, the department shall maintain the follow-
ing information relative to the operation of temporary release programs:
  (a) number of inmate participants in each temporary release program;
  (b)  number  of  inmates  participating  in temporary release for whom
written approval of the commissioner was required pursuant  to  subdivi-
sion two of section eight hundred fifty-one of this chapter;
  (c)  number  and type of individual programs approved for each partic-
ipant;
  (d) approved participating employers and educational institutions;
  (e) number of inmates arrested;

A. 9939                            15

  (f) inmates involuntarily returned for violations by institution;
  (g) absconders still at large;
  (h) number of disciplinary proceedings initiated and the results ther-
eof;
  (i)  number  of temporary release committee decisions appealed and the
results thereof by institution;
  (j) reports or information  made  available  to  the  department  with
respect  to the participation of individuals in such programs, including
any incidents of absconding or re-arrest.
  The  department  shall  also  forward  to  the  [state  commission  of
correction]  OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  quarterly reports
including, but not limited to, the information  identified  in  subdivi-
sions  (a),  (b),  (d),  (e), (f) and (g) of this section and such other
information requested by the [commission] OFFICE  or  available  to  the
department with respect to such programs.
  S  14.  Section  854 of the correction law, as added by chapter 691 of
the laws of 1977, is amended to read as follows:
  S 854. Evaluation and recommendation. In recognition of the  need  for
an  independent  evaluation  of,  and  recommendations  with respect to,
temporary release, the [commission of correction] OFFICE OF THE  CORREC-
TIONAL OMBUDSMAN shall evaluate and assess the administration and opera-
tion  of all temporary release programs conducted pursuant to this arti-
cle and shall submit to the governor and the legislature by March first,
[nineteen hundred seventy-eight] TWO  THOUSAND  NINETEEN,  its  findings
together  with  any recommendations with respect to the proper operation
or the improvement of such temporary release programs.
  S 15. Section 857 of the correction law, as added  by chapter  691  of
the laws of 1977, is amended to read as follows:
  S  857.  Complaint  and  abuse  review.  Any  person may submit to the
[commission of correction] OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  any
complaint  he  or  she  may  have  concerning programmatic abuses.   The
[commission of correction] OFFICE shall evaluate  such  complaints  and,
where  indicated,  conduct any needed investigation. If the [commission]
OFFICE concludes that a complaint is valid, the  [commission]  OMBUDSMAN
shall  make  recommendations  to  the  department for corrective action.
Where the [commission] OFFICE believes  sufficient  evidence  exists  to
support  a  criminal  charge,  the [commission] OFFICE shall report such
evidence to the appropriate law enforcement agencies.
  S 16. Subdivision 6 of section 677 of the county law,  as  amended  by
chapter 490 of the laws of 2015, is amended to read as follows:
  6.  Notwithstanding section six hundred seventy of this article or any
other provision of law, the  coroner,  coroner's  physician  or  medical
examiner  shall  promptly provide the chairman of the correction medical
review board OR THE COMMISSIONER  OF  THE  OFFICE  OF  THE  CORRECTIONAL
OMBUDSMAN and the commissioner of corrections and community supervision,
AS  APPROPRIATE, with copies of any autopsy report, toxicological report
or any report of any examination or inquiry prepared with respect to any
death occurring to an inmate of a correctional facility  as  defined  by
subdivision  three  of section forty of the correction law within his OR
HER county; and shall promptly provide the  executive  director  of  the
justice  center  for  the  protection  of people with special needs with
copies of any autopsy report, toxicology report or  any  report  of  any
examination or inquiry prepared with respect to the death of any service
recipient occurring while he or she was a resident in any facility oper-
ated,  licensed  or  certified  by  any  agency within the department of
mental hygiene, the office of children and family services, the  depart-

A. 9939                            16

ment  of  health or the state education department. If the toxicological
report is prepared pursuant  to  any  agreement  or  contract  with  any
person, partnership, corporation or governmental agency with the coroner
or  medical  examiner,  such  report  shall  be promptly provided to the
chairman of the correction medical review board, THE COMMISSIONER OF THE
OFFICE OF THE CORRECTIONAL OMBUDSMAN, the  commissioner  of  corrections
and  community  supervision  or  the  executive  director of the justice
center for people with special needs, as appropriate,  by  such  person,
partnership, corporation or governmental agency.
  S  17. Section 2.10 of the criminal procedure law is amended by adding
a new subdivision 84 to read as follows:
  84. INVESTIGATORS OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
  S 18. Subdivision 2 of section 285 of the education law, as  added  by
section  6  of  part  O of chapter 57 of the laws of 2005, is amended to
read as follows:
  2. The commissioner is authorized to expend up to one  hundred  seven-
ty-five  thousand  dollars  annually to provide grants to public library
systems operating under an approved plan of  service  for  provision  of
services to county jail facilities. Such formula grants shall assist the
library  system  in  making  available  to the inmate population of such
facility or facilities the library resources of such system. Such grants
shall be available to each public library system in such  manner  as  to
insure  that  the ratio of the amount each system is eligible to receive
equals the ratio of the number of inmates  served  by  the  county  jail
facility to the total number of inmates served by county jail facilities
in the state as of July first of the year preceding the calendar year in
which  the  state  aid  to  public library systems is to be paid. Inmate
populations shall be certified by the  [New  York  state  commission  of
correction]    OFFICE  OF  THE  CORRECTIONAL OMBUDSMAN. The commissioner
shall adopt any regulations necessary to  carry  out  the  purposes  and
provisions of this subdivision.
  S  19.  Section  63  of  the  executive law is amended by adding a new
subdivision 17 to read as follows:
  17. INVESTIGATE THE ALLEGED COMMISSION  OF  ANY  CRIMINAL  OFFENSE  OR
OFFENSES  COMMITTED  BY AN EMPLOYEE OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION IN CONNECTION WITH THE PERFORMANCE OF HIS  OR  HER
OFFICIAL  DUTIES,  AND  PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED TO
HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES IN CONNECTION WITH  THE
PERFORMANCE OF HIS OR HER OFFICIAL DUTIES. THE ATTORNEY GENERAL MAY ONLY
EXERCISE  THE  JURISDICTION  PROVIDED BY THIS SUBDIVISION UPON A WRITTEN
FINDING THAT SUCH JURISDICTION IS NECESSARY BECAUSE: (A) OF  A  LACK  OF
ALTERNATIVE PROSECUTORIAL RESOURCES TO ADEQUATELY INVESTIGATE AND PROSE-
CUTE  SUCH  CRIMINAL  OFFENSE  OR  OFFENSES OR, (B) THE EXERCISE OF SUCH
JURISDICTION IS NECESSARY TO ENSURE THE CONFIDENCE OF THE PUBLIC IN  THE
JUDICIAL  SYSTEM.  IN  ALL  SUCH  PROCEEDINGS,  THE ATTORNEY GENERAL MAY
APPEAR IN PERSON OR BY HIS OR HER DEPUTY OR ASSISTANT BEFORE  ANY  COURT
OR  GRAND  JURY  AND  EXERCISE  ALL OF THE POWERS AND PERFORM ALL OF THE
DUTIES WITH RESPECT TO SUCH ACTIONS OR PROCEEDINGS  WHICH  THE  DISTRICT
ATTORNEY  WOULD  OTHERWISE  BE  AUTHORIZED  OR  REQUIRED  TO EXERCISE OR
PERFORM.
  S 20. Paragraph (a) of subdivision 1 of section 169 of  the  executive
law,  as  amended  by  section  9 of part A of chapter 60 of the laws of
2012, is amended to read as follows:
  (a) commissioner of corrections and community supervision, COMMISSION-
ER OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN, commissioner  of  educa-
tion, commissioner of health, commissioner of mental health, commission-

A. 9939                            17

er  of  developmental  disabilities, commissioner of children and family
services, commissioner of temporary and disability assistance,  chancel-
lor of the state university of New York, commissioner of transportation,
commissioner  of  environmental  conservation,  superintendent  of state
police, commissioner of general services, commissioner of  the  division
of  homeland  security and emergency services and the executive director
of the state gaming commission;
  S 21. Subdivision 9 of section 837-a of the executive law, as added by
section 4 of part Q of chapter 56 of the laws of  2009,  is  amended  to
read as follows:
  9. In consultation with the state commission of correction, THE OFFICE
OF THE CORRECTIONAL OMBUDSMAN and the municipal police training council,
establish  and  maintain  basic and other correctional training programs
for such personnel employed by correctional facilities  as  the  commis-
sioner  shall  deem  necessary. Such basic correctional training program
shall be satisfactorily completed  by  such  personnel  prior  to  their
undertaking  their duties or within one year following the date of their
appointment  or  at  such  times  as  the  commissioner  may  prescribe.
Provided,  however,  the  commissioner  may, after consultation with the
state commission of correction OR THE OFFICE OF CORRECTIONAL  OMBUDSMAN,
exempt  from  such  requirement  personnel  employed by any correctional
facility which, in the opinion of the commissioner,  maintains  a  basic
correctional training program of a standard equal to or higher than that
established  and  maintained  by  the division; or revoke in whole or in
part such exemption, if in his or her opinion the standards of the basic
correctional training program maintained by such facility are lower than
those established pursuant to this article.
  S 22. Subdivision (c) of section 33.13 of the mental  hygiene  law  is
amended by adding a new paragraph 18 to read as follows:
  18. TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
  S  23.  Subdivision  1  of  section  2782  of the public health law is
amended by adding a new paragraph (r) to read as follows:
  (R) AN EMPLOYEE OR AGENT OF THE OFFICE OF THE  CORRECTIONAL  OMBUDSMAN
IN  ORDER  TO  CARRY  OUT THE OFFICE'S FUNCTIONS, POWERS AND DUTIES WITH
RESPECT TO THE PROTECTED INDIVIDUAL, PURSUANT TO ARTICLE THREE-A OF  THE
CORRECTION LAW.
  S  24.  Paragraph  (a)  of subdivision 2 of section 2786 of the public
health law, as added by chapter 584 of the laws of 1988, is  amended  to
read as follows:
  (a)  Each  state  agency authorized pursuant to this article to obtain
confidential HIV related information shall,  in  consultation  with  the
department  of  health,  promulgate  regulations:  (1) to provide [safe-
quards] SAFEGUARDS to prevent discrimination,  abuse  or  other  adverse
actions  directed  toward  protected  individuals;  (2)  to prohibit the
disclosure of such information except in accordance with  this  article;
(3)  to  seek to protect individuals in contact with the protected indi-
vidual when such contact creates a significant risk  of  contracting  or
transmitting  HIV  infection through the exchange of body fluids[,]; and
(4) to establish criteria for determining when it is  reasonably  neces-
sary for a provider of a health or social service or the state agency or
a  local  government  agency  to have or to use confidential HIV related
information for  supervision,  monitoring,  investigation,  or  adminis-
tration and for determining which employees and agents may, in the ordi-
nary  course  of  business  of  the agency or provider, be authorized to
access confidential HIV related information pursuant to  the  provisions
of  paragraphs  (l)  and  (m)  of subdivision one and subdivision six of

A. 9939                            18

section twenty-seven hundred eighty-two of this  article;  and  provided
further that such regulations shall be promulgated by the chairperson of
the commission of correction OR THE OFFICE OF THE CORRECTIONAL OMBUDSMAN
where  disclosure  is made pursuant to paragraphs (n) [and], (o), OR (R)
of subdivision one of section twenty-seven hundred  eighty-two  of  this
article.
  S  25.  Subdivision  8  of  section  92 of the public officers law, as
amended by section 135 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended to read as follows:
  (8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record of the state commission of correction, THE OFFICE
OF THE CORRECTIONAL OMBUDSMAN, the temporary state commission of  inves-
tigation,  the  department of corrections and community supervision, the
office of children and family services, the office of  victim  services,
the office of probation and correctional alternatives or the division of
state  police  or of any agency or component thereof whose primary func-
tion is the enforcement of civil or criminal  statutes  if  such  record
pertains  to  investigation,  law enforcement, confinement of persons in
correctional facilities or supervision of persons pursuant  to  criminal
conviction or court order, and any records maintained by the division of
criminal justice services pursuant to sections eight hundred thirty-sev-
en,  eight  hundred  thirty-seven-a, eight hundred thirty-seven-b, eight
hundred thirty-seven-c, eight hundred thirty-eight, eight hundred  thir-
ty-nine,  and  eight  hundred forty-five of the executive law and by the
department of state pursuant to section  ninety-nine  of  the  executive
law.
  S  26.  Subdivision  1 of section 460-c of the social services law, as
amended by chapter 838 of the laws  of  1987,  is  amended  to  read  as
follows:
  1.  Excepting  state institutions for the education and support of the
blind, the deaf and the dumb, facilities subject to the approval,  visi-
tation  and  inspection  of  the state department of mental hygiene, THE
OFFICE  OF  THE  CORRECTIONAL  OMBUDSMAN  or  the  state  commission  of
correction, facilities operated by or under the supervision of the divi-
sion  for youth and facilities subject to the supervision of the depart-
ment of health pursuant to article twenty-eight  of  the  public  health
law,  the  department  shall  inspect  and maintain supervision over all
public and private facilities or agencies whether state, county, munici-
pal, incorporated or not incorporated which are  in  receipt  of  public
funds, which are of a charitable, eleemosynary, correctional or reforma-
tory  character,  including facilities or agencies exercising custody of
dependent, neglected, abused, maltreated, abandoned or delinquent  chil-
dren, agencies engaged in the placing-out or boarding-out of children as
defined  in  section three hundred seventy-one of this chapter, homes or
shelters for unmarried mothers,  residential  programs  for  victims  of
domestic  violence as defined in subdivision [five] FOUR of section four
hundred fifty-nine-a of this chapter and adult care facilities.
  S 27. This act shall take effect one year after it shall have become a
law.