S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7672
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 27, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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  incarcerated  individual  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  super-
   vision  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  confiden-
   tiality  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08998-01-3
              

 S. 7672                             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;
 S. 7672                             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-
 S. 7672                             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-
 S. 7672                             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.
 S. 7672                             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.
 S. 7672                             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.
 S. 7672                             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
 S. 7672                             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:
 S. 7672                            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
 S. 7672                            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-
 S. 7672                            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.
 S. 7672                            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:
 S. 7672                            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-
 S. 7672                            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,
 S. 7672                            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.