S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7899
 
                             I N  S E N A T E
 
                               March 7, 2018
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Crime Victims,  Crime
   and 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.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04193-03-8

 S. 7899                             2
 
   2. "OMBUDSMAN" REFERS TO THE COMMISSIONER OF THE OFFICE OF THE CORREC-
 TIONAL OMBUDSMAN.
   § 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.
   § 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;
   (E) ONE SHALL BE APPOINTED BY THE GOVERNOR AND SHALL BE A FORMER STATE
 INMATE;

 S. 7899                             3
 
   (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.
   §  53.  POWERS  OF  THE  OMBUDSMAN.    1. THE OMBUDSMAN SHALL HAVE THE
 AUTHORITY TO HIRE AND RETAIN COUNSEL TO PROVIDE CONFIDENTIAL  ADVICE  OR

 S. 7899                             4
 
 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.
   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

 S. 7899                             5
 
 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.
   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

 S. 7899                             6
 
 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
 SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE OF THE INMATE'S  INCAR-
 CERATION.

 S. 7899                             7
 
   (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 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.
   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.
   §  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
 WRONGDOING SHALL BE CONFIDENTIAL UNLESS THE PERSON CONSENTS  TO  DISCLO-
 SURE IN WRITING.

 S. 7899                             8
 
   (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.
   (D) ALL PUBLIC REPORTS BY THE OMBUDSMAN SHALL NOT DISCLOSE INFORMATION
 WHERE PROHIBITED BY LAW.

 S. 7899                             9
 
   § 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.
   §  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 THIS ARTICLE, 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,  PROP-
 ERTY  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.
   § 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.
   § 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.
   § 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;
   §  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
 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-

 S. 7899                            10
 
 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
 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-

 S. 7899                            11
 
 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.
   § 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:
   § 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
 such  violation,  recommend  remedial  action, and direct such person to
 comply with the rule, regulation or law, as the case may  be.  Upon  the

 S. 7899                            12
 
 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.
   §  7. Section 47 of the correction law, as added by chapter 865 of the
 laws of 1975, paragraph (e) of subdivision 1 as amended by  chapter  447
 of  the  laws of 2016 and subdivision 2 as amended by chapter 491 of the
 laws of 1987, is amended to read as follows:
   § 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) (i) 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.
   (ii)  The  board shall be responsive to inquiries from the next of kin
 and other person designated as a  representative  of  any  inmate  whose
 death  takes  place  during  custody  in  a  state correctional facility
 regarding the  circumstances  surrounding  the  death  of  such  inmate.
 Contact  information  for  the next of kin and designated representative
 shall be provided by the department to  the  board  from  the  emergency
 contact information previously provided by the inmate to the department.
   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.
   § 8. Section 89-a of the correction law, as amended by chapter 409  of
 the laws of 1991, is amended to read as follows:
   §  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.

 S. 7899                            13
 
 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
 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.
   § 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.
   § 10. Section 89-f of the correction law, as added by chapter  549  of
 the laws of 1987, is amended to read as follows:
   §  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.
   §  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

 S. 7899                            14
 
 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,
 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.
   § 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.
   § 13. Section 853 of the correction law, as amended by chapter 757  of
 the laws of 1981, is amended to read as follows:
   §  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;

 S. 7899                            15
 
   (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;
   (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.
   § 14. Section 854 of the correction law, as added by  chapter  691  of
 the laws of 1977, is amended to read as follows:
   §  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  TWENTY,  its findings
 together with any recommendations with respect to the  proper  operation
 or the improvement of such temporary release programs.
   §  15.  Section 857 of the correction law, as added  by chapter 691 of
 the laws of 1977, is amended to read as follows:
   § 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.
   §  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

 S. 7899                            16
 
 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-
 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.
   §  17. Section 2.10 of the criminal procedure law is amended by adding
 a new subdivision 85 to read as follows:
   85. INVESTIGATORS OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
   § 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.
   §  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

 S. 7899                            17

 ATTORNEY  WOULD  OTHERWISE  BE  AUTHORIZED  OR  REQUIRED  TO EXERCISE OR
 PERFORM.
   §  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-
 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;
   § 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.
   §  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.
   § 23. Subdivision 1 of section  2782  of  the  public  health  law  is
 amended by adding a new paragraph (s) to read as follows:
   (S)  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.
   § 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

 S. 7899                            18
 
 (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
 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.
   § 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.
   § 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. 7899                            19
 
   § 27. This act shall take effect one year after it shall have become a
 law.