A. 4379 2
55. ADDITIONAL DUTIES OF THE DEPARTMENT AND LOCAL CORRECTIONAL
FACILITIES.
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.
2. "OMBUDSMAN" REFERS TO THE COMMISSIONER OF THE OFFICE OF THE CORREC-
TIONAL OMBUDSMAN.
§ 51. OFFICE OF THE CORRECTIONAL OMBUDSMAN; ORGANIZATION. IN ORDER TO
ACHIEVE TRANSPARENCY, FAIRNESS, IMPARTIALITY AND ACCOUNTABILITY IN OUR
STATE AND LOCAL 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 ESTAB-
LISHED 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.
1. FOLLOWING THE INITIAL APPOINTMENT OF THE MEMBERS OF THE CORRECTION-
AL 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 SUBDIVISION
SHALL PROHIBIT THE BOARD FROM APPOINTING AN INTERIM OMBUDSMAN IF THERE
IS A VACANCY.
2. THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF
ANY NOMINATION OF AN OMBUDSMAN MADE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, 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 SUBDIVISION ONE OF THIS SECTION 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.
3. THE OMBUDSMAN MAY NOT HAVE WORKED FOR THE DEPARTMENT OR FOR ANY
LOCAL CORRECTIONAL FACILITY 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 AND LOCAL CORRECTIONAL FACILITIES AND TO APPOINT
THE OMBUDSMAN. NO CURRENT EMPLOYEE OF THE DEPARTMENT OR AN EMPLOYEE OF
ANY LOCAL CORRECTIONAL FACILITY 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;
A. 4379 3
(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
INCARCERATED INDIVIDUAL;
(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-
A. 4379 4
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 STATE 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
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 ANY
MUNICIPALITY OR POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY
SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO CARRY
OUT ITS FUNCTIONS, 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 INCARCERATED INDIVIDUALS OR PERSONS UNDER COMMU-
NITY SUPERVISION AS NEEDED, INCLUDING PERSONNEL INVESTIGATIONS.
7. THE OMBUDSMAN MAY REVIEW SPECIFIC POLICIES, PRACTICES, PROGRAMS AND
PROCEDURES OF THE DEPARTMENT AND OF ALL LOCAL CORRECTIONAL FACILITIES
THAT RAISE A SIGNIFICANT CORRECTIONAL ISSUE RELEVANT TO THE WELL-BEING,
TREATMENT, DISCIPLINE, SAFETY, REHABILITATION OR ANY OTHER MATTER
CONCERNING INCARCERATED INDIVIDUALS OR PERSONS UNDER COMMUNITY SUPER-
VISION. THE OMBUDSMAN IS AUTHORIZED TO INSPECT, INVESTIGATE OR EXAMINE
ALL ASPECTS OF THE DEPARTMENT'S OPERATIONS AND CONDITIONS, AND OF SUCH
OPERATIONS AND CONDITIONS OF ANY LOCAL CORRECTIONAL FACILITY, INCLUDING,
BUT NOT LIMITED TO, STAFF RECRUITMENT, TRAINING, SUPERVISION, DISCI-
PLINE, INCARCERATED INDIVIDUALS DEATHS, MEDICAL AND MENTAL HEALTH CARE,
USE OF FORCE, INCARCERATED INDIVIDUAL VIOLENCE, CONDITIONS OF CONFINE-
MENT, INCARCERATED INDIVIDUALS DISCIPLINARY PROCESS, INCARCERATED INDI-
VIDUALS GRIEVANCE PROCESS, SUBSTANCE-ABUSE TREATMENT, EDUCATIONAL, VOCA-
A. 4379 5
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 OR LOCAL CORRECTIONAL FACILITY
POLICIES AND PROCEDURES, SPECIFY DEFICIENCIES IN THE COMPLETION AND
DOCUMENTATION OF PROCESSES AND RECOMMEND 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, SAFETY OR SECURITY OF INCARCERATED INDIVIDUALS 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 INCARCERATED INDIVIDUALS, STAFF, PEOPLE ON COMMU-
NITY SUPERVISION OR OTHER INDIVIDUALS, THE OMBUDSMAN SHALL NOTIFY THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE 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 APPROPRIATE 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 THEREFOR 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.
A. 4379 6
(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 STATE AND LOCAL 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 CORRECTION-
AL FACILITY AT LEAST EVERY THREE YEARS. THE OMBUDSMAN NEED NOT NOTIFY
THE DEPARTMENT OR ANY LOCAL CORRECTIONAL FACILITY 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 AND OF ANY LOCAL CORRECTIONAL FACILITY. 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 EXAMINATION AND REPRODUCTION THEREOF, CONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE, UPON THE REQUEST OF 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 PRIVILEGE REGARDING ANY RECORDS OR PROPERTY.
18. THE OMBUDSMAN MAY REQUIRE ANY STATE, COUNTY OR MUNICIPAL 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 INCARCERATED INDIVIDUAL
OR OTHER PERSON UPON CONSENT.
19. THE OMBUDSMAN MAY ENTER ANYWHERE ON THE GROUNDS OF ANY DEPARTMENT
FACILITY OR OFFICE OR LOCAL CORRECTIONAL FACILITY 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 INCARCERATED INDI-
VIDUAL TO UNDERGO SUCH EXAMINATIONS, INCLUDING AN AUTOPSY, AS HE OR SHE
DEEMS NECESSARY TO DETERMINE THE CAUSE OF DEATH, IRRESPECTIVE OF WHETHER
ANY SUCH EXAMINATION OR AUTOPSY SHALL HAVE BEEN PREVIOUSLY PERFORMED.
A. 4379 7
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 THE 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 INCARCERATED INDIVIDUAL OF A CORRECTIONAL FACILITY,
REGARDLESS OF WHETHER SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE
OF THE INCARCERATED INDIVIDUAL'S INCARCERATION.
(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 OR ANY STATE
OR LOCAL CORRECTIONAL FACILITY. INCARCERATED INDIVIDUAL 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 OR OF ANY LOCAL CORRECTIONAL FACILITY. THIS TELEPHONE NUMBER
SHALL BE POSTED BY THE DEPARTMENT AND BY LOCAL CORRECTIONAL FACILITIES
IN CLEAR VIEW OF EMPLOYEES, INCARCERATED INDIVIDUALS AND THE PUBLIC, AND
INCARCERATED INDIVIDUALS SHALL BE PERMITTED TO CALL SUCH NUMBER DURING
NORMAL HOURS FOR TELEPHONE USAGE OR WITHIN TWENTY-FOUR HOURS OF ADMIS-
SION TO A SPECIAL HOUSING UNIT OR OTHER UNIT WITH RESTRICTED TELEPHONE
ACCESS. TELEPHONE CALLS MADE TO SUCH TOLL-FREE NUMBER FROM A CORRECTION-
AL FACILITY SHALL NOT BE RECORDED BY THE DEPARTMENT OR BY THE LOCAL
CORRECTIONAL FACILITY 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.
A. 4379 8
(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 OR LOCAL CORRECTIONAL FACILITY.
(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.
(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 OR LOCAL
CORRECTIONAL FACILITY AND MAKE RECOMMENDATIONS FOR CORRECTIVE ACTION TO
BE TAKEN BY THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY. THE OMBUDSMAN
SHALL MAKE THE RESULTS AND SUPPORTING EVIDENCE OF ITS FORMAL INVESTI-
GATION 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 OR LOCAL CORRECTIONAL FACILITY OF ALL UNUSUAL AND
SIGNIFICANT INCIDENCES INCLUDING, BUT NOT LIMITED TO, RIOTS OR FIGHTS
INVOLVING MULTIPLE COMBATANTS, USE OF FORCE, INCARCERATED INDIVIDUALS
DEATHS, SERIOUS PHYSICAL ASSAULTS ON EMPLOYEES OR INCARCERATED INDIVID-
UALS, WORK STOPPAGES AND ESCAPES AND SHALL BE GIVEN MONTHLY AGGREGATED
REPORTS OF UNUSUAL INCIDENTS AND INCARCERATED INDIVIDUALS GRIEVANCES BY
THE DEPARTMENT AND EACH LOCAL CORRECTIONAL FACILITY. EMPLOYEES OF THE
OFFICE SHALL BE PERMITTED TO BE PRESENT IN ANY DEPARTMENT INTERNAL
INVESTIGATION OR INQUIRY IN ANY CORRECTIONAL FACILITY. 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 THE
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 INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY, THE
A. 4379 9
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 APPRO-
PRIATE, MAKE RECOMMENDATIONS TO PREVENT THE RECURRENCE OF SUCH DEATHS.
SUCH REPORTS SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE AND SHALL OTHER-
WISE 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 INCARCERATED INDIVIDUALS OF CORREC-
TIONAL FACILITIES AND, WHERE APPROPRIATE, RECOMMEND SUCH CHANGES AS IT
SHALL DEEM NECESSARY 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.
§ 55. ADDITIONAL DUTIES OF THE DEPARTMENT AND LOCAL CORRECTIONAL
FACILITIES. 1. STATE, COUNTY, OR MUNICIPAL EMPLOYEES OPERATING WITHIN A
CORRECTIONAL FACILITY MUST COOPERATE FULLY AND PROMPTLY WITH THE OMBUDS-
MAN.
2. THE DEPARTMENT OR LOCAL CORRECTIONAL FACILITY 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 RECOMMENDATION. 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 OR ANY SHERIFF SHALL IMMEDIATELY REPORT TO THE
OMBUDSMAN THE DEATH OF AN INCARCERATED INDIVIDUAL 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 SECTION
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 OR OF ANY LOCAL CORRECTIONAL FACILITY 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 35 and 36 to read as follows:
35. "OFFICE" MEANS THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
36. "OMBUDSMAN" MEANS THE COMMISSIONER OF THE OFFICE OF THE CORREC-
TIONAL OMBUDSMAN.
§ 3. Section 47 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
A. 4379 10
§ 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 incarcerated individual of a LOCAL correctional facility.
(b) Visit and inspect any LOCAL correctional facility wherein an
incarcerated individual 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 incarcerated individual IN A LOCAL CORRECTION FACILITY,
the board shall submit its report thereon to the commission [and to],
THE governor, the [chairman] SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE, THE CHAIRPERSON of the assembly committee on
correction and the [chairman] CHAIRPERSON of the senate committee on
crime victims, crime and correction and, where appropriate, make recom-
mendations to prevent the recurrence of such deaths to the commission
and the administrator of the appropriate correctional facility. The
report provided to the governor, the [chairman] SPEAKER OF THE ASSEMBLY
AND THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRPERSON of the assem-
bly committee on correction and the [chairman] CHAIRPERSON of the senate
committee on crime victims, crime and correction shall not be redacted
except as otherwise required to protect confidential medical records and
behavioral health records in accordance with state and federal laws,
rules, and regulations.
(e) (i) Investigate and report to the commission on the condition of
systems for the delivery of medical care to incarcerated individuals of
LOCAL correctional 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 incarcerated
individual whose death takes place during custody in a state correction-
al facility regarding the circumstances surrounding the death of such
incarcerated individual. 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
incarcerated individual to the department.
2. Every administrator of a LOCAL correctional facility shall imme-
diately report to the board the death of an incarcerated individual of
any such facility in such manner and form as the board shall prescribe,
together with an autopsy report.
§ 4. Section 89-a of the correction law, as amended by chapter 409 of
the laws of 1991, subdivision 1 as amended by chapter 322 of the laws of
2021, 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 incarcerated individuals housed therein shall be
as directed by the commissioner consistent with the following: an
alternate correctional facility shall be operated pursuant to rules and
regulations promulgated 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
A. 4379 11
security state incarcerated individuals. Nothing herein, however, shall
preclude the commissioner from enhancing staffing or programming to
accommodate the particular needs of eligible incarcerated individuals
pursuant to the operation agreement. No incarcerated individual 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 facil-
ity shall not exceed its design capacity of approximately seven hundred
eligible incarcerated individuals except pursuant to variances permitted
by law, rule or regulation 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.
§ 5. 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.
§ 6 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.
§ 7. Subdivision 1 of section 112 of the correction law, as amended by
chapter 322 of the laws of 2021, 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 incarcerated individuals
confined therein, and of all matters relating to the government, disci-
A. 4379 12
pline, 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 INTER-
EST OR ABUSE TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN FOR INVESTI-
GATION, AS WELL AS REPORT TO SUCH OFFICE ON OTHER CORRECTIONAL ISSUES,
INCLUDING, BUT NOT LIMITED TO, STAFF RECRUITMENT, TRAINING, SUPERVISION,
DISCIPLINE, INCARCERATED INDIVIDUAL DEATHS, MEDICAL AND MENTAL HEALTH
CARE, USE OF FORCE, INCARCERATED INDIVIDUAL VIOLENCE, CONDITIONS OF
CONFINEMENT, INCARCERATED INDIVIDUAL DISCIPLINARY PROCESS, INCARCERATED
INDIVIDUAL 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 identify-
ing each incarcerated individual received into said facilities. He or
she shall appoint and remove, subject to the civil service law, subordi-
nate officers and other employees of the department who are assigned to
correctional facilities.
§ 8. Subdivision 1 of section 146 of the correction law, as amended by
chapter 274 of the laws of 2019, 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 their accompanying staff 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.
§ 9. The closing paragraph of section 853 of the correction law, as
added by chapter 757 of the laws of 1981, is amended to read as follows:
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.
A. 4379 13
§ 10. 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-SIX, its findings
together with any recommendations with respect to the proper operation
or the improvement of such temporary release programs.
§ 11. 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.
§ 12. Subdivision 6 of section 677 of the county law, as amended by
chapter 322 of the laws of 2021, 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 incarcerated individual 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 facil-
ity operated, licensed or certified by any agency within the department
of mental hygiene, the office of children and family services, the
department of health or the state education department. If the toxico-
logical 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.
§ 13. Section 2.10 of the criminal procedure law is amended by adding
a new subdivision 86 to read as follows:
86. INVESTIGATORS OF THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
§ 14. Subdivision 2 of section 285 of the education law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
A. 4379 14
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 incarcerated individual popu-
lation 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 incarcerated indi-
viduals served by the county jail facility to the total number of incar-
cerated individuals 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. Incarcerated individual
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.
§ 15. 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 OR OF ANY LOCAL CORRECTIONAL FACILITY IN
CONNECTION WITH THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, AND PROS-
ECUTE ANY SUCH PERSON OR PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMI-
NAL 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 JURISDIC-
TION IS NECESSARY BECAUSE: (A) OF A LACK OF ALTERNATIVE PROSECUTORIAL
RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE 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.
§ 16. 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;
§ 17. 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-
A. 4379 15
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 THE CORRECTIONAL OMBUDS-
MAN, 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.
§ 18. Subdivision (c) of section 33.13 of the mental hygiene law is
amended by adding a new paragraph 19 to read as follows:
19. TO THE OFFICE OF THE CORRECTIONAL OMBUDSMAN.
§ 19. Subdivision 1 of section 2782 of the public health law is
amended by adding a new paragraph (t) to read as follows:
(T) 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.
§ 20. Paragraph (a) of subdivision 2 of section 2786 of the public
health law, as amended by chapter 312 of the laws of 2020, is amended to
read as follows:
(a) Each state agency authorized pursuant to this article to obtain
confidential HIV related information and the board of correction of the
city of New York shall, in consultation with the department of health,
promulgate regulations: (1) to provide [safequards] SAFEGUARDS to
prevent discrimination, abuse or other adverse actions directed toward
protected individuals; (2) to prohibit the disclosure of such informa-
tion except in accordance with this article; (3) to seek to protect
individuals in contact with the protected individual 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 necessary for a provider of a
health or social service or the state agency or a local government agen-
cy to have or to use confidential HIV related information for super-
vision, monitoring, investigation, or administration and for determining
which employees and agents may, in the ordinary 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 (T) of subdivision one of
section twenty-seven hundred eighty-two of this article.
§ 21. 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,
A. 4379 16
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.
§ 22. 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.
§ 23. This act shall take effect one year after it shall have become a
law.