Bill Text: NY S07899 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates the office of the correctional ombudsman to achieve transparency, fairness, impartiality and accountability in New York state correctional facilities; relates to reports by coroners; designates investigators of the office of the correctional ombudsman as peace officers; authorizes the attorney general to investigate the alleged commission of any criminal offense committed by an employee of the department of corrections and community supervision in connection with his or her official duties; relates to the confidentiality of certain records; and includes the office of the correctional ombudsman records within the definition of public safety agency records; makes related provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-03-07 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S07899 Detail]
Download: New_York-2017-S07899-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7899 IN SENATE March 7, 2018 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to creating the office of the correctional ombudsman; to amend the county law, in relation to reports by coroners; to amend the criminal procedure law, in relation to designating investigators of the office of the correctional ombuds- man as peace officers; to amend the education law, in relation to the certification of inmate populations; to amend the executive law, in relation to authorizing the attorney general to investigate the alleged commission of any criminal offense committed by an employee of the department of corrections and community supervision in connection with his or her official duties; to amend the executive law, in relation to the division of criminal justice services; to amend the mental hygiene law, in relation to clinical records; to amend the public health law, in relation to the confidentiality of certain records; to amend the public officers law, in relation to including the office of the correctional ombudsman records within the definition of public safety agency records; and to amend the social services law, in relation to inspection and supervision The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding a new article 3-A 2 to read as follows: 3 ARTICLE 3-A 4 OFFICE OF THE CORRECTIONAL OMBUDSMAN 5 Section 50. Definitions. 6 51. Office of the correctional ombudsman; organization. 7 52. Correctional oversight board. 8 53. Powers of the ombudsman. 9 54. Additional functions, powers and duties of the office of the 10 ombudsman. 11 55. Additional duties of the department. 12 56. Obstructing an investigation by the correctional ombudsman. 13 § 50. Definitions. For the purposes of this article, the following 14 terms shall have the following meanings: 15 1. "Office" refers to the office of the correctional ombudsman. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04193-03-8S. 7899 2 1 2. "Ombudsman" refers to the commissioner of the office of the correc- 2 tional ombudsman. 3 § 51. Office of the correctional ombudsman; organization. 1. In order 4 to achieve transparency, fairness, impartiality and accountability in 5 our state correctional facilities, there shall be an independent office 6 of the correctional ombudsman within the executive department. The 7 ombudsman shall report to the correctional oversight board established 8 pursuant to section fifty-two of this article, provided, however, that 9 administrative matters of general application within the executive 10 department shall be also applicable to the office. 11 (a) Following the initial appointment of the members of the correc- 12 tional oversight board established pursuant to section fifty-two of this 13 article, such board shall promptly nominate a full-time ombudsman and 14 notify the governor of such nomination. Nothing in this paragraph shall 15 prohibit the board from appointing an interim ombudsman if there is a 16 vacancy. 17 (b) The governor, within thirty days after receiving written notice of 18 any nomination of an ombudsman made pursuant to paragraph (a) of this 19 subdivision, may approve or disapprove such nomination. If the governor 20 approves such nomination, or fails to act on such nomination within such 21 thirty day period, the nominee shall thereupon commence his or her term 22 as ombudsman. If, within such thirty day period, the governor serves 23 upon the chair of such board a written notice disapproving such nomi- 24 nation, the nominee shall not be authorized to serve as ombudsman 25 provided, however, that such board may authorize an interim ombudsman 26 appointed pursuant to paragraph (a) of this subdivision to serve or 27 continue to serve as interim ombudsman until such time as an ombudsman 28 is approved, or not timely disapproved, by the governor. Following any 29 disapproval, the board shall have sixty days to submit another nominee, 30 although such period may be extended, upon request of the board, by the 31 governor. A person appointed as interim ombudsman may exercise all of 32 the powers available to the ombudsman. 33 (c) The ombudsman may not have worked for the department within the 34 last ten years and may not hold any public office or other employment. 35 The ombudsman shall serve a six-year term and may only be removed for 36 good cause shown, after notice and an opportunity to be heard, by a vote 37 of two-thirds or more of the twelve members of the board. 38 § 52. Correctional oversight board. 1. There is hereby created the 39 correctional oversight board hereinafter referred to in this section as 40 the "board". The purpose of such board shall be to monitor, study and 41 make efforts to improve the transparency, fairness, impartiality and 42 accountability in state correctional facilities and to appoint the 43 ombudsman. No current employee of the department shall be appointed to 44 or serve on such board. The board shall consist of twelve members who 45 shall be appointed as follows: 46 (a) one shall be the state inspector general; 47 (b) two shall be appointed by the governor on the recommendation of 48 the senate; 49 (c) two shall be appointed by the governor on the recommendation of 50 the assembly; 51 (d) two shall be appointed by the governor from a list of at least six 52 nominees submitted by non-profit agencies working in the fields of 53 re-entry or prisoner advocacy; 54 (e) one shall be appointed by the governor and shall be a former state 55 inmate;S. 7899 3 1 (f) one shall be appointed by the governor and shall be a former 2 employee of the department who is no longer in state service; 3 (g) one shall be an attorney appointed by the governor from a list of 4 at least four nominees submitted by the state bar association; 5 (h) one shall be a medical professional appointed by the governor; and 6 (i) one shall be a mental health professional who works with the 7 Justice Center for the Protection of People with Special Needs appointed 8 by the governor. 9 2. All members of the board shall be appointed for terms of three 10 years with such terms to commence on August first, and expire July thir- 11 ty-first, provided, however, that the inspector general shall serve ex 12 officio. Initial appointments must be made within sixty days of the 13 effective date of this subdivision. Any member chosen to fill a vacancy 14 created otherwise than by expiration of term shall be appointed for the 15 unexpired term of the member whom he or she is to succeed. Vacancies 16 caused by expiration of a term or otherwise shall be filled promptly and 17 in the same manner as original appointments. Any member may be reap- 18 pointed for additional terms. A member of the board shall continue in 19 such position upon the expiration of his or her term until such time as 20 he or she is reappointed or his or her successor is appointed, as the 21 case may be. 22 3. Membership on the board shall not constitute the holding of an 23 office, and members of the board shall not be required to take and file 24 oaths of office before serving on the board. The board shall not have 25 the right to exercise any portion of the sovereign power of the state. 26 4. The board shall meet at least two times in each year. The first 27 meeting of the board shall be held within thirty days of the appointment 28 of the full board or within sixty days after the effective date of this 29 subdivision, whichever occurs earlier. Special meetings may be called by 30 the chair and shall be called by the chair upon the request of at least 31 five members of the board. The board may establish its own procedures 32 with respect to the conduct of its meetings and other affairs; provided, 33 however, that the quorum and majority provisions of section forty-one of 34 the general construction law shall govern all actions taken by the 35 board. 36 5. The members of the board shall receive no compensation for their 37 services but shall be allowed their actual and necessary expenses 38 incurred in the performance of their functions hereunder. 39 6. No member of the board shall be disqualified from holding any 40 public office or employment outside of the department, nor shall he or 41 she forfeit any such office or employment, by reason of his or her 42 appointment pursuant to this section, notwithstanding the provisions of 43 any other general, special or local law, ordinance or city charter. 44 7. The board shall make recommendations to the ombudsman for the 45 improvement of the department's policies and consult with and advise the 46 office of the correctional ombudsman in carrying out the duties and 47 responsibilities of such office. The ombudsman shall report to the 48 board fully on the activities of the office and shall seek board 49 approval on all major decisions or policy changes, including any stand- 50 ards or protocols adopted by the ombudsman for the inspection and moni- 51 toring of correctional facilities or the resolution of complaints 52 received by the office. 53 8. Each member of the board shall tour a correctional facility with 54 the ombudsman at least annually. 55 § 53. Powers of the ombudsman. 1. The ombudsman shall have the 56 authority to hire and retain counsel to provide confidential advice orS. 7899 4 1 to represent the ombudsman if the attorney general has a conflict in 2 representing the ombudsman in any litigation. 3 2. The office of the ombudsman shall not be located in the same build- 4 ing or buildings as the department but shall be wholly independent of 5 the department except that the department shall provide it with office 6 space, equipment and furnishings within any department facility as need- 7 ed to carry out its functions and duties. 8 3. The ombudsman may appoint such assistants, officers, investigators, 9 monitors, employees and consultants as he or she shall determine neces- 10 sary, prescribe their duties and powers, provide them with appropriate 11 training, fix their compensation and provide for reimbursement of their 12 expenses within the amounts appropriated therefor except that the 13 ombudsman shall not hire any person known to be directly or indirectly 14 involved in an open internal affairs investigation conducted by any 15 federal, state or local agency or who is a named defendant in a pending 16 federal or state lawsuit or criminal proceeding relating to his or her 17 prior work for a state, local or federal correctional or law enforcement 18 agency. The ombudsman may appoint a representative to carry out any of 19 his or her duties under this article except that the ombudsman must 20 attend meetings with the correctional oversight board. 21 4. The ombudsman may create, abolish, transfer and consolidate bureaus 22 and other units within the office as he or she may determine necessary 23 for the efficient operation of the office, subject to the approval of 24 the director of the budget. 25 5. The ombudsman may request and shall receive from any department, 26 division, bureau, commission or any other agency of the state or poli- 27 tical subdivision thereof or any public authority such assistance, 28 information and data as will enable the office to carry out its func- 29 tions, powers and duties. 30 6. The ombudsman shall be responsible for the contemporaneous public 31 oversight of internal affairs and the disciplinary process of the 32 department of corrections and community supervision. The ombudsman 33 shall have discretion to provide oversight of any department investi- 34 gation relating to the well-being, treatment, discipline, safety or any 35 other matter concerning inmates or persons under community supervision 36 as needed, including personnel investigations. 37 7. The ombudsman may review specific policies, practices, programs and 38 procedures of the department that raise a significant correctional issue 39 relevant to the well-being, treatment, discipline, safety, rehabili- 40 tation or any other matter concerning inmates or persons under community 41 supervision. The ombudsman is authorized to inspect, investigate or 42 examine all aspects of the department's operations and conditions, 43 including, but not limited to, staff recruitment, training, supervision, 44 discipline, inmate deaths, medical and mental health care, use of force, 45 inmate violence, conditions of confinement, inmate disciplinary process, 46 inmate grievance process, substance-abuse treatment, educational, voca- 47 tional and other programming and re-entry planning. During the course of 48 a review the ombudsman shall identify areas of full and partial compli- 49 ance or noncompliance with departmental policies and procedures, specify 50 deficiencies in the completion and documentation of processes and recom- 51 mend corrective actions, including, but not limited to, additional 52 training, additional policies or changes in policies, as well as any 53 other findings or recommendations he or she deems appropriate. 54 8. The ombudsman may place such members of his or her staff as he or 55 she deems appropriate as monitors in any correctional facility which, in 56 the judgment of the ombudsman, presents an imminent danger to the healthS. 7899 5 1 safety or security of inmates or employees of such correctional facility 2 or the public. 3 9. The ombudsman shall accept, with the approval of the governor, as 4 agent of the state any grant, including federal grants, or any gift for 5 any of the purposes of this article. Any moneys so received may be 6 expended by the ombudsman to effectuate any purpose of this article, 7 subject to the same limitations as to approval of expenditures and audit 8 as are prescribed for state moneys appropriated for the purposes of this 9 article. 10 10. The ombudsman may enter into contracts with any person, firm, 11 corporation, municipality, or governmental agency. 12 11. The ombudsman shall adopt, amend or rescind such rules and regu- 13 lations, in accordance with applicable state law, as may be necessary or 14 convenient to the performance of the functions, powers and duties of the 15 office. 16 12. The ombudsman shall do all other things necessary or convenient to 17 carry out its functions, powers and duties expressly set forth in this 18 article. 19 13. When exigent circumstances of unsafe or life threatening situ- 20 ations arise involving inmates, staff, people on community supervision 21 or other individuals, the ombudsman shall notify the governor, temporary 22 president of the senate and speaker of the assembly and commence an 23 immediate review of such circumstances. Upon completion of a review, the 24 ombudsman shall prepare a complete written report which shall be 25 disclosed with the underlying materials that the ombudsman deems appro- 26 priate to the commissioner, the requesting entity and any appropriate 27 law enforcement agency. 28 14. (a) The ombudsman shall interview and review all candidates for 29 appointment to serve as the superintendent of any state correctional 30 facility. The commissioner shall submit the names of such candidates to 31 the ombudsman who shall review such candidates' qualifications and 32 employ confidential procedures to evaluate the qualifications of each 33 candidate with regard to his or her ability to discharge the duties of 34 the office to which he or she is being appointed. Within ninety days of 35 the submission of a candidate's name, the ombudsman shall confidentially 36 advise the commissioner as to whether such candidate is well-qualified, 37 qualified or not qualified and the reasons therefore and may report, in 38 confidence, any other information that the ombudsman deems pertinent to 39 the qualification of the candidate. The ombudsman shall establish and 40 adopt rules and procedures regarding the review of candidates for the 41 position of superintendent and for maintaining the confidentiality of 42 any interviews, documents or other information relied upon in his or her 43 review. All such information shall be privileged and not subject to 44 disclosure. 45 (b) If the commissioner appoints a superintendent who the ombudsman 46 found was not qualified, the ombudsman shall make public that finding 47 after due notice to the appointee. Any candidate found to be not quali- 48 fied by the ombudsman shall have the right to withdraw from consider- 49 ation before the ombudsman makes such public finding and in that case 50 the finding shall not be published. Such notice and public finding 51 shall not constitute a waiver of privilege or breach of confidentiality 52 concerning the ombudsman's review of the appointee's qualifications 53 pursuant to this section. 54 15. Notwithstanding any law to the contrary, the ombudsman shall 55 periodically, but not less than every three years, conduct inspections 56 of each correctional facility and shall periodically review delivery ofS. 7899 6 1 medical and mental health care at each correctional facility. The 2 ombudsman shall issue a public report on each correctional facility at 3 least every three years. The ombudsman need not notify the department 4 before commencing such inspection or review. 5 16. All records, correspondence, videotapes, audiotapes, photographs, 6 notes, electronic communications, books, memoranda, papers or other 7 documents or objects used as evidence to support a completed review or 8 investigation must be retained for three years after a report is issued 9 unless handed over to a law enforcement agency for criminal investi- 10 gation. No such documents or evidence shall be destroyed pending the 11 completion of an investigation or review. Such documents or evidence 12 shall be publicly available unless confidential and not subject to 13 disclosure under the freedom of information law or by court order. 14 17. Notwithstanding any other provision of the law the ombudsman shall 15 have complete access and authority to examine and reproduce any and all 16 past and current books, accounts, reports, medical and mental health 17 records, vouchers, correspondence files, computer files, computer data 18 bases, documents, video and audio tape recordings, statistics and 19 performance based outcome measures and any and all other past and 20 current records and to examine the bank accounts, money or property of 21 the department. Any state office or agency of a political subdivision 22 of the state or other public entity or employee or officer thereof 23 possessing such records or property shall permit access to, and examina- 24 tion and reproduction thereof, consistent with the provisions of this 25 article, upon the request the ombudsman or his or her designee. Access, 26 examination and reproduction consistent with the provision of this 27 section shall not result in the waiver of any confidentiality or privi- 28 lege regarding any records or property. 29 18. The ombudsman may require any state employee to be interviewed on 30 a confidential basis. Such employee must comply with the request to be 31 interviewed and must be given time off from his or her employment for 32 the purposes of attending such an interview and may be accompanied by 33 counsel acting on his or her behalf. The ombudsman may also conduct a 34 confidential interview of any inmate or other person upon consent. 35 19. The ombudsman may enter anywhere on the grounds of any department 36 facility or office for the purposes of observation, inspection and 37 investigation and shall have unfettered access to all areas of the 38 department and any facility at any time. 39 20. The ombudsman may cause the body of a deceased inmate to undergo 40 such examinations, including an autopsy, as he or she deems necessary to 41 determine the cause of death, irrespective of whether any such examina- 42 tion or autopsy shall have been previously performed. 43 21. (a) In the exercise of its functions, powers and duties, the 44 ombudsman and any attorney employed by the office is authorized to issue 45 and enforce a subpoena and a subpoena duces tecum, administer oaths and 46 examine persons under oath, in accordance with and pursuant to civil 47 practice law and rules. A person examined under oath pursuant to this 48 subdivision shall have the right to be accompanied by counsel who shall 49 advise the person of his or her rights subject to reasonable limitations 50 to prevent obstruction of, or interference with, the orderly conduct of 51 the examination. Notwithstanding any other provision of law, a subpoena 52 may be issued and enforced pursuant to this subdivision for the medical 53 records of an inmate of a correctional facility, regardless of whether 54 such medical records were made during the course of the inmate's incar- 55 ceration.S. 7899 7 1 (b) In any case where a person in charge or control of a correctional 2 facility or an officer or employee thereof shall fail to comply with the 3 provisions of paragraph (a) of this subdivision, or in any case where a 4 coroner, coroner's physician or medical examiner shall fail to comply 5 with the provisions of subdivision six of section six hundred seventy- 6 seven of the county law, the ombudsman may apply to the supreme court 7 for an order directed to such person requiring compliance therewith. 8 Upon such application the court may issue such order as may be just and 9 a failure to comply with the order of the court shall be a contempt of 10 court and punishable as such. 11 22. The ombudsman shall not be compelled to testify or release records 12 without a court order that are otherwise exempt from public disclosure, 13 including documents pertaining to any investigation that has not been 14 completed or any identifying information, personal papers or correspond- 15 ence with any person who has requested assistance from the office unless 16 that person consents in writing to the release of such information, 17 papers or correspondence. 18 23. The ombudsman may hold public hearings. 19 § 54. Additional functions, powers and duties of the office of the 20 ombudsman. 1. The office may receive communications from any individual 21 who believes he or she may have information that may describe improper 22 governmental activities or wrongdoing within the department. Inmate 23 mail to and from the ombudsman shall be treated in the same manner as 24 legal mail and may not be restricted by the department, the office of 25 mental health or any other entity. 26 (a) The ombudsman shall establish a toll-free telephone number for the 27 purpose of identifying any alleged wrongdoing by an employee of the 28 department. This telephone number shall be posted by the department in 29 clear view of employees, inmates and the public, and inmates shall be 30 permitted to call such number during normal hours for telephone usage or 31 within twenty-four hours of admission to a special housing unit or other 32 unit with restricted telephone access. Telephone calls made to such 33 toll-free number from a correctional facility shall not be recorded by 34 the department and are protected confidential communications. The 35 ombudsman shall also maintain a website with a complaint form that may 36 be filled out online and shall also accept complaints by mail or other 37 means alleging wrongdoing by an employee of the department. When 38 requested, the ombudsman shall initiate a review of any such alleged 39 wrongdoing which may result in an investigation of the alleged wrongdo- 40 ing at the ombudsman's discretion. 41 (b) At the conclusion of an investigation of a complaint, the ombuds- 42 man shall report his or her findings to the complainant and any person 43 designated to receive such findings by the complainant. If the ombudsman 44 does not investigate a complaint, he or she shall notify the complainant 45 and such other person of the decision not to investigate and the reasons 46 for the decision. If the complainant is deceased at the time of the 47 completion of an investigation, the ombudsman shall report his or her 48 findings to the complainant's next of kin when such person is known to 49 the ombudsman or to the department. 50 (c) The ombudsman may act informally to resolve a complaint including 51 providing referrals or information to complainants, expediting individ- 52 ual matters, mediating or providing other assistance. 53 (d) All identifying information and any personal records or corre- 54 spondence from any person who initiated the review of such alleged 55 wrongdoing shall be confidential unless the person consents to disclo- 56 sure in writing.S. 7899 8 1 (e) Where the ombudsman believes that an allegation of criminal 2 misconduct has been made by a complainant, he or she shall report such 3 allegation to the appropriate law enforcement agency. 4 2. Upon receiving a complaint of retaliation for complaining to or 5 cooperating with the ombudsman, the ombudsman shall commence an inquiry 6 into the complaint and conduct a formal investigation. Should the 7 ombudsman find that a complaint of retaliation is founded as a result of 8 an investigation, he or she shall so notify the department and make 9 recommendations for corrective action to be taken by the department. The 10 ombudsman shall make the results and supporting evidence of its formal 11 investigation available to the division of human rights should an 12 employee file a retaliation complaint with such agency and consent to 13 such disclosure in writing. 14 3. To facilitate oversight, the office shall be immediately notified 15 by the department of all unusual and significant incidences including, 16 but not limited to, riots or fights involving multiple combatants, use 17 of force, inmate deaths, serious physical assaults on employees or 18 inmates, work stoppages and escapes and shall be given monthly aggre- 19 gated reports of unusual incidents and inmate grievances by the depart- 20 ment. Employees of the office shall be permitted to be present in any 21 department internal investigation or inquiry. The office shall be 22 responsible for reporting such unusual and significant incidents and the 23 outcome of its investigations into such incidents to the public no less 24 than quarterly. 25 4. (a) The ombudsman shall annually prepare a public report and summa- 26 ry of all investigations and reviews, including a list of significant 27 problems discovered by the office, whether or not the recommendations 28 made by the office have been implemented, and a list of the office's 29 high priorities for the following year. The ombudsman shall submit such 30 report to the governor, the temporary president of the senate, and 31 speaker of the assembly by December thirty-first of each year. Such 32 report shall be posted in electronic form on the office's public 33 website. The ombudsman shall be authorized to redact portions of such 34 report in a manner consistent with article six of the public officers 35 law or where disclosure is otherwise prohibited by law. 36 (b) Upon review of the cause of death and circumstances surrounding 37 the death of any inmate in a correctional facility, the ombudsman shall 38 submit its report thereon to the governor, the speaker of the assembly, 39 the temporary president of the senate, the chairperson of the assembly 40 correction committee, the chairperson of the senate crime and correction 41 committee, and the commissioner, and, where appropriate, make recommen- 42 dations to prevent the recurrence of such deaths. Such reports shall be 43 published on the office's website and shall otherwise be made available 44 to the public. 45 (c) The ombudsman shall make an annual report to the governor, the 46 speaker of the assembly, the temporary president of the senate, the 47 chairperson of the assembly correction committee and the chairperson of 48 the senate crime and correction committee on the condition of systems 49 for the delivery of medical care to inmates of correctional facilities 50 and, where appropriate, recommend such changes as it shall deem neces- 51 sary and proper to improve the quality and availability of such medical 52 care. Such report shall be published on the office's website and shall 53 otherwise be made available to the public. 54 (d) All public reports by the ombudsman shall not disclose information 55 where prohibited by law.S. 7899 9 1 § 55. Additional duties of the department. 1. State employees operat- 2 ing within a correctional facility must cooperate fully and promptly 3 with the ombudsman. 4 2. The department shall respond in writing to any recommendations made 5 by the ombudsman or his or her designee within forty-five days and shall 6 state with specificity its reasons for failing to act on any such recom- 7 mendation. Such writings shall be made public by the ombudsman except 8 that information which would reveal confidential material that may not 9 be released pursuant to federal or state law shall be reacted by the 10 ombudsman from any such report or recommendation. 11 3. The commissioner shall immediately report to the ombudsman the 12 death of an inmate of any such facility in such manner and form as the 13 ombudsman shall prescribe and shall provide him or her with an autopsy 14 report when available. 15 § 56. Obstructing an investigation by the correctional ombudsman. A 16 person is guilty of obstructing an investigation by the correctional 17 ombudsman when, with intent to obstruct or impede an inquiry or investi- 18 gation by the correctional ombudsman appointed pursuant to sections 19 fifty-three or fifty-four of this article, he or she knowingly destroys 20 or knowingly fails to permit access to, examination of, or reproduction 21 by the office of such correctional ombudsman, of any book, account, bank 22 account information, report, voucher, correspondence or correspondence 23 file, computer file, computer data base, document, video or audio 24 recording, statistic or performance based outcome measure, money, prop- 25 erty or any other record of the department of corrections and community 26 supervision lawfully requested by such correctional ombudsman. 27 Obstructing an investigation by the correctional ombudsman is a class A 28 misdemeanor. 29 § 2. Section 2 of the correction law is amended by adding two new 30 subdivisions 32 and 33 to read as follows: 31 32. "Office" means the office of the correctional ombudsman. 32 33. "Ombudsman" means the commissioner of the office of the correc- 33 tional ombudsman. 34 § 3. Subdivision 3 of section 40 of the correction law, as amended by 35 section 13 of subpart A of part C of chapter 62 of the laws of 2011, is 36 amended to read as follows: 37 3. "Correctional facility" means [any institution operated by the38state department of corrections and community supervision,] any local 39 correctional facility, or any place, other than a state correctional 40 facility operated by the department, used, pursuant to a contract with 41 the state or a municipality, for the detention of persons charged with 42 or convicted of a crime, or, for the purpose of this article only, a 43 secure facility operated by the office of children and family services. 44 § 4. Paragraph 1 of subdivision (c) of section 42 of the correction 45 law, as added by chapter 865 of the laws of 1975, is amended to read as 46 follows: 47 1. Advise and assist the commission in developing policies, plans and 48 programs for improving the commission's performance of its duties and 49 for coordinating the efforts of the commission and of correctional offi- 50 cials to improve conditions of care, treatment, safety, supervision, 51 rehabilitation, recreation, training and education in local correctional 52 facilities; 53 § 5. Subdivisions 1, 2, 3, 4, 6, 8, and 10 of section 45 of the 54 correction law, subdivisions 1 and 2 as added by chapter 865 of the laws 55 of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as 56 amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi-S. 7899 10 1 vision 4 as amended by section 15 of subpart A of part C of chapter 62 2 of the laws of 2011, subdivision 8 as amended by section 2 of part D of 3 chapter 63 of the laws of 2005, paragraph (b) of subdivision 8 as 4 amended by section 4 of part H of chapter 56 of the laws of 2009, are 5 amended to read as follows: 6 1. Advise and assist the governor in developing policies, plans and 7 programs for improving the administration of local correctional facili- 8 ties and the delivery of services therein. 9 2. Make recommendations to administrators of local correctional facil- 10 ities for improving the administration of such correctional facilities 11 and the delivery of services therein. 12 3. Except in circumstances involving health, safety or alleged 13 violations of established standards of the commission, visit, and 14 inspect local correctional facilities consistent with a schedule deter- 15 mined by the chairman of the commission, taking into consideration 16 available resources, workload and staffing, and appraise the management 17 of such correctional facilities with specific attention to matters such 18 as safety, security, health of inmates, sanitary conditions, rehabilita- 19 tive programs, disturbance and fire prevention and control preparedness, 20 and adherence to laws and regulations governing the rights of inmates. 21 4. Establish procedures to assure effective investigation of griev- 22 ances of, and conditions affecting, inmates of local correctional facil- 23 ities. Such procedures shall include but not be limited to receipt of 24 written complaints, interviews of persons, and on-site monitoring of 25 conditions. [In addition, the commission shall establish procedures for26the speedy and impartial review of grievances referred to it by the27commissioner of the department of corrections and community super-28vision.] 29 6. Promulgate rules and regulations establishing minimum standards for 30 the review of the construction or improvement of local correctional 31 facilities and the care, custody, correction, treatment, supervision, 32 discipline, and other correctional programs for all persons confined in 33 such correctional facilities. Such rules and regulations shall be 34 forwarded to the governor, the temporary president of the senate and the 35 speaker of the assembly no later than January first, nineteen hundred 36 seventy-six and annually thereafter. 37 8. [(a)] Close any local correctional facility which is unsafe, unsan- 38 itary or inadequate to provide for the separation and classification of 39 prisoners required by law or which has not adhered to or complied with 40 the rules or regulations promulgated with respect to any such facility 41 by the commission pursuant to the provisions of subdivision six of this 42 section; provided, however, that before such facility may be closed due 43 to conditions which are unsafe, unsanitary or inadequate to provide for 44 the separation and classification of prisoners, the commission shall 45 cause a citation to be mailed to the appropriate municipal or other 46 official at least ten days before the return day thereof directing the 47 responsible authorities designated to appear before such commission at 48 the time and place set forth in the citation, and show cause why such 49 correctional facility should not be closed. After a hearing thereon or 50 upon the failure to appear, such commission is empowered to order such 51 facility designated in the citation closed within twenty days, during 52 which time the respondent authority may review such order in the manner 53 provided in article seventy-eight of the civil practice law and rules, 54 in the supreme court. Fifteen days after the order to close has been 55 served by a registered letter upon the appropriate official if no court 56 review has been taken, and fifteen days after the order of such commis-S. 7899 11 1 sion has been confirmed by the court, in case of court review, such 2 facility designated in the order shall be closed, and it shall be unlaw- 3 ful to confine or detain any person therein and any officer confining or 4 detaining any person therein shall be guilty of a class A misdemeanor. 5 [(b) Before a correctional facility as defined in subdivision four of6section two of this chapter, may be closed for a reason other than those7set forth in paragraph (a) of this subdivision, the provisions of8section seventy-nine-a of this chapter shall be adhered to.] 9 10. Approve or reject plans and specifications for the construction or 10 improvement of local correctional facilities that directly affect the 11 health of inmates and staff, safety, or security. 12 § 6. Section 46 of the correction law, as added by chapter 865 of the 13 laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws 14 of 2012, and subdivision 3 as amended by chapter 490 of the laws of 15 2015, is amended to read as follows: 16 § 46. Additional functions, powers and duties of the commission. 1. 17 The commission, any member or any employee designated by the commission 18 must be granted access at any and all times to any local correctional 19 facility or part thereof and to all books, records, inmate medical 20 records and data pertaining to any correctional facility deemed neces- 21 sary for carrying out the commission's functions, powers and duties. The 22 commission, any member or any employee designated by the chairman may 23 require from the officers or employees of [a] such correctional facility 24 any information deemed necessary for the purpose of carrying out the 25 commission's functions, powers and duties. 26 2. In the exercise of its functions, powers and duties, the commis- 27 sion, any member, and any attorney employed by the commission is author- 28 ized to issue and enforce a subpoena and a subpoena duces tecum, admin- 29 ister oaths and examine persons under oath, in accordance with and 30 pursuant to civil practice law and rules. A person examined under oath 31 pursuant to this subdivision shall have the right to be accompanied by 32 counsel who shall advise the person of their rights subject to reason- 33 able limitations to prevent obstruction of, or interference with, the 34 orderly conduct of the examination. Notwithstanding any other provision 35 of law, a subpoena may be issued and enforced pursuant to this subdivi- 36 sion for the medical records of an inmate of a correctional facility, 37 regardless of whether such medical records were made during the course 38 of the inmate's incarceration. 39 3. In any case where a person in charge or control of a local correc- 40 tional facility or an officer or employee thereof shall fail to comply 41 with the provisions of subdivision one, or in any case where a coroner, 42 coroner's physician or medical examiner shall fail to comply with the 43 provisions of subdivision six of section six hundred seventy-seven of 44 the county law, the commission may apply to the supreme court for an 45 order directed to such person requiring compliance therewith. Upon such 46 application the court may issue such order as may be just and a failure 47 to comply with the order of the court shall be a contempt of court and 48 punishable as such. 49 4. In any case where any rule or regulation promulgated by the commis- 50 sion pursuant to subdivision six of section forty-five of this article 51 or the laws relating to the construction, management and affairs of 52 [any] a local correctional facility or the care, treatment and disci- 53 pline of its inmates, are being or are about to be violated, the commis- 54 sion shall notify the person in charge or control of the facility of 55 such violation, recommend remedial action, and direct such person to 56 comply with the rule, regulation or law, as the case may be. Upon theS. 7899 12 1 failure of such person to comply with the rule, regulation or law the 2 commission may apply to the supreme court for an order directed to such 3 person requiring compliance with such rule, regulation or law. Upon such 4 application the court may issue such order as may be just and a failure 5 to comply with the order of the court shall be a contempt of court and 6 punishable as such. 7 § 7. Section 47 of the correction law, as added by chapter 865 of the 8 laws of 1975, paragraph (e) of subdivision 1 as amended by chapter 447 9 of the laws of 2016 and subdivision 2 as amended by chapter 491 of the 10 laws of 1987, is amended to read as follows: 11 § 47. Functions, powers and duties of the board. 1. The board shall 12 have the following functions, powers and duties: 13 (a) Investigate and review the cause and circumstances surrounding the 14 death of any inmate of a local correctional facility. 15 (b) Visit and inspect any local correctional facility wherein an 16 inmate has died. 17 (c) Cause the body of the deceased to undergo such examinations, 18 including an autopsy, as in the opinion of the board, are necessary to 19 determine the cause of death, irrespective of whether any such examina- 20 tion or autopsy shall have previously been performed. 21 (d) Upon review of the cause of death and circumstances surrounding 22 the death of any inmate in a local correctional facility, the board 23 shall submit its report thereon to the commission, the governor, the 24 speaker of the assembly and temporary president of the senate, the 25 chairperson of the assembly correction committee and the chairperson of 26 the senate crime and correction committee, and, where appropriate, make 27 recommendations to prevent the recurrence of such deaths to the commis- 28 sion and the administrator of the appropriate correctional facility. 29 (e) (i) Investigate and report to the commission on the condition of 30 systems for the delivery of medical care to inmates of local correction- 31 al facilities and where appropriate recommend such changes as it shall 32 deem necessary and proper to improve the quality and availability of 33 such medical care. 34 (ii) The board shall be responsive to inquiries from the next of kin 35 and other person designated as a representative of any inmate whose 36 death takes place during custody in a state correctional facility 37 regarding the circumstances surrounding the death of such inmate. 38 Contact information for the next of kin and designated representative 39 shall be provided by the department to the board from the emergency 40 contact information previously provided by the inmate to the department. 41 2. Every administrator of a local correctional facility shall imme- 42 diately report to the board the death of an inmate of any such facility 43 in such manner and form as the board shall prescribe, together with an 44 autopsy report. 45 § 8. Section 89-a of the correction law, as amended by chapter 409 of 46 the laws of 1991, is amended to read as follows: 47 § 89-a. [1.] Management of alternate correctional facilities. 1. 48 Superintendence, management and control of alternate correctional facil- 49 ities and the eligible inmates housed therein shall be as directed by 50 the commissioner consistent with the following: an alternate correction- 51 al facility shall be operated pursuant to rules and regulations promul- 52 gated for such facilities by the commissioner in consultation with the 53 [state commission of correction] office of the correctional ombudsman 54 and the provisions of the operation agreement. The commissioner shall 55 operate such facility insofar as practicable in the same manner as a 56 general confinement facility which houses medium security state inmates.S. 7899 13 1 Nothing herein, however, shall preclude the commissioner from enhancing 2 staffing or programming to accommodate the particular needs of eligible 3 inmates pursuant to the operation agreement. No inmate shall be housed 4 in any alternate correctional facility until such facility has been 5 established in accordance with the provisions of section eighty-nine of 6 this article. The population in an alternate correctional facility shall 7 not exceed its design capacity of approximately seven hundred eligible 8 inmates except pursuant to variances permitted by law, rule or regu- 9 lation or court order. 10 2. Notwithstanding any other provisions of law, no variance authoriz- 11 ing an alternate correctional facility to exceed its design capacity 12 shall be granted after March fifteenth, nineteen hundred ninety-two 13 unless the mayor of the city of New York submits, together with the 14 variance request, a certificate of emergency demonstrating the need for 15 such variance and that reasonable alternatives to the granting of the 16 variance do not exist, and containing a detailed summary of measures 17 that will be taken to restore compliance with such design capacity. The 18 [chairman of the state commission of correction] commissioner of the 19 office of the correctional ombudsman shall transmit, in a timely manner, 20 notice of such request to the chairmen of the senate crime and 21 correction committee and the assembly correction committee. 22 § 9. Subdivision 1 of section 89-e of the correction law, as amended 23 by section 47 of part A of chapter 56 of the laws of 2010, is amended to 24 read as follows: 25 1. The alternate correctional facility review panel is hereby estab- 26 lished and shall consist of the commissioner, [the chairman of the state27commission of correction] the commissioner of the office of the correc- 28 tional ombudsman, the chairman of the board of parole, the director of 29 the office of probation and correctional alternatives, the commissioner 30 of correction of the city of New York, the president of the New York 31 State Sheriffs' Association Institute, Inc., and the president of the 32 Correctional Association of New York or their designees. The governor 33 shall appoint a chairman and vice-chairman from among the members. 34 § 10. Section 89-f of the correction law, as added by chapter 549 of 35 the laws of 1987, is amended to read as follows: 36 § 89-f. Oversight. The [state commission of correction] office of the 37 correctional ombudsman shall exercise the same powers and duties 38 concerning each alternate correctional facility as the [commission] 39 office is required to exercise concerning a New York state correctional 40 facility. The [commission] office shall prepare an annual report on each 41 alternate correctional facility which shall evaluate and assess the 42 department's compliance with all rules and regulations applicable to 43 that facility and the operation agreement and which shall include an 44 analysis of the frequency and severity of all unusual incidents and 45 assaults occurring in that facility. The annual reports shall be filed 46 with the governor, the mayor of the city of New York, the chairman of 47 the senate crime and correction committee, and the chairman of the 48 assembly committee on correction no later than the first day of June of 49 each year. 50 § 11. Subdivision 1 of section 112 of the correction law, as amended 51 by section 19 of subpart A of part C of chapter 62 of the laws of 2011, 52 is amended to read as follows: 53 1. The commissioner of corrections and community supervision shall 54 have the superintendence, management and control of the correctional 55 facilities in the department and of the inmates confined therein, and of 56 all matters relating to the government, discipline, policing, contractsS. 7899 14 1 and fiscal concerns thereof. He or she shall have the power and it shall 2 be his or her duty to inquire into all matters connected with said 3 correctional facilities and to report any allegations of corruption, 4 fraud, criminal activity, conflicts of interest or abuse to the office 5 of the correctional ombudsman for investigation, as well as report to 6 such office on other correctional issues, including, but not limited to, 7 staff recruitment, training, supervision, discipline, inmate deaths, 8 medical and mental health care, use of force, inmate violence, condi- 9 tions of confinement, inmate disciplinary process, inmate grievance 10 process, substance-abuse treatment, educational, vocational and other 11 programming and re-entry planning. He or she shall make such rules and 12 regulations, not in conflict with the statutes of this state, for the 13 government of the officers and other employees of the department 14 assigned to said facilities, and in regard to the duties to be performed 15 by them, and for the government and discipline of each correctional 16 facility, as he or she may deem proper, and shall cause such rules and 17 regulations to be recorded by the superintendent of the facility, and a 18 copy thereof to be furnished to each employee assigned to the facility. 19 He or she shall also prescribe a system of accounts and records to be 20 kept at each correctional facility, which system shall be uniform at all 21 of said facilities, and he or she shall also make rules and regulations 22 for a record of photographs and other means of identifying each inmate 23 received into said facilities. He or she shall appoint and remove, 24 subject to the civil service law and rules, subordinate officers and 25 other employees of the department who are assigned to correctional 26 facilities. 27 § 12. Subdivision 1 of section 146 of the correction law, as amended 28 by chapter 234 of the laws of 2013, is amended to read as follows: 29 1. The following persons shall be authorized to visit at pleasure all 30 correctional facilities: The governor and lieutenant-governor, commis- 31 sioner of general services, secretary of state, comptroller and attor- 32 ney-general, members of the commission of correction, any employee of, 33 or person under contract to, the office of the correctional ombudsman, 34 members of the correctional oversight board, members of the legislature 35 and any employee of the department as requested by the member of the 36 legislature if the member requests to be so accompanied, provided that 37 such request does not impact upon the department's ability to supervise, 38 manage and control its facilities as determined by the commissioner, 39 judges of the court of appeals, supreme court and county judges, 40 district attorneys and every clergyman or minister, as such terms are 41 defined in section two of the religious corporations law, having charge 42 of a congregation in the county wherein any such facility is situated. 43 No other person not otherwise authorized by law shall be permitted to 44 enter a correctional facility except by authority of the commissioner of 45 correction under such regulations as the commissioner shall prescribe. 46 The provisions of this section shall not apply to such portion of a 47 correctional facility in which inmates under sentence of death are 48 confined. 49 § 13. Section 853 of the correction law, as amended by chapter 757 of 50 the laws of 1981, is amended to read as follows: 51 § 853. Reporting and information. To ensure the accurate maintenance 52 and availability of statistics and records with respect to participation 53 in temporary release programs, the department shall maintain the follow- 54 ing information relative to the operation of temporary release programs: 55 (a) number of inmate participants in each temporary release program;S. 7899 15 1 (b) number of inmates participating in temporary release for whom 2 written approval of the commissioner was required pursuant to subdivi- 3 sion two of section eight hundred fifty-one of this chapter; 4 (c) number and type of individual programs approved for each partic- 5 ipant; 6 (d) approved participating employers and educational institutions; 7 (e) number of inmates arrested; 8 (f) inmates involuntarily returned for violations by institution; 9 (g) absconders still at large; 10 (h) number of disciplinary proceedings initiated and the results ther- 11 eof; 12 (i) number of temporary release committee decisions appealed and the 13 results thereof by institution; 14 (j) reports or information made available to the department with 15 respect to the participation of individuals in such programs, including 16 any incidents of absconding or re-arrest. 17 The department shall also forward to the [state commission of18correction] office of the correctional ombudsman quarterly reports 19 including, but not limited to, the information identified in subdivi- 20 sions (a), (b), (d), (e), (f) and (g) of this section and such other 21 information requested by the [commission] office or available to the 22 department with respect to such programs. 23 § 14. Section 854 of the correction law, as added by chapter 691 of 24 the laws of 1977, is amended to read as follows: 25 § 854. Evaluation and recommendation. In recognition of the need for 26 an independent evaluation of, and recommendations with respect to, 27 temporary release, the [commission of correction] office of the correc- 28 tional ombudsman shall evaluate and assess the administration and opera- 29 tion of all temporary release programs conducted pursuant to this arti- 30 cle and shall submit to the governor and the legislature by March first, 31 [nineteen hundred seventy-eight] two thousand twenty, its findings 32 together with any recommendations with respect to the proper operation 33 or the improvement of such temporary release programs. 34 § 15. Section 857 of the correction law, as added by chapter 691 of 35 the laws of 1977, is amended to read as follows: 36 § 857. Complaint and abuse review. Any person may submit to the 37 [commission of correction] office of the correctional ombudsman any 38 complaint he or she may have concerning programmatic abuses. The 39 [commission of correction] office shall evaluate such complaints and, 40 where indicated, conduct any needed investigation. If the [commission] 41 office concludes that a complaint is valid, the [commission] ombudsman 42 shall make recommendations to the department for corrective action. 43 Where the [commission] office believes sufficient evidence exists to 44 support a criminal charge, the [commission] office shall report such 45 evidence to the appropriate law enforcement agencies. 46 § 16. Subdivision 6 of section 677 of the county law, as amended by 47 chapter 490 of the laws of 2015, is amended to read as follows: 48 6. Notwithstanding section six hundred seventy of this article or any 49 other provision of law, the coroner, coroner's physician or medical 50 examiner shall promptly provide the chairman of the correction medical 51 review board or the commissioner of the office of the correctional 52 ombudsman and the commissioner of corrections and community supervision, 53 as appropriate, with copies of any autopsy report, toxicological report 54 or any report of any examination or inquiry prepared with respect to any 55 death occurring to an inmate of a correctional facility as defined by 56 subdivision three of section forty of the correction law within his orS. 7899 16 1 her county; and shall promptly provide the executive director of the 2 justice center for the protection of people with special needs with 3 copies of any autopsy report, toxicology report or any report of any 4 examination or inquiry prepared with respect to the death of any service 5 recipient occurring while he or she was a resident in any facility oper- 6 ated, licensed or certified by any agency within the department of 7 mental hygiene, the office of children and family services, the depart- 8 ment of health or the state education department. If the toxicological 9 report is prepared pursuant to any agreement or contract with any 10 person, partnership, corporation or governmental agency with the coroner 11 or medical examiner, such report shall be promptly provided to the 12 chairman of the correction medical review board, the commissioner of the 13 office of the correctional ombudsman, the commissioner of corrections 14 and community supervision or the executive director of the justice 15 center for people with special needs, as appropriate, by such person, 16 partnership, corporation or governmental agency. 17 § 17. Section 2.10 of the criminal procedure law is amended by adding 18 a new subdivision 85 to read as follows: 19 85. Investigators of the office of the correctional ombudsman. 20 § 18. Subdivision 2 of section 285 of the education law, as added by 21 section 6 of part O of chapter 57 of the laws of 2005, is amended to 22 read as follows: 23 2. The commissioner is authorized to expend up to one hundred seven- 24 ty-five thousand dollars annually to provide grants to public library 25 systems operating under an approved plan of service for provision of 26 services to county jail facilities. Such formula grants shall assist the 27 library system in making available to the inmate population of such 28 facility or facilities the library resources of such system. Such grants 29 shall be available to each public library system in such manner as to 30 insure that the ratio of the amount each system is eligible to receive 31 equals the ratio of the number of inmates served by the county jail 32 facility to the total number of inmates served by county jail facilities 33 in the state as of July first of the year preceding the calendar year in 34 which the state aid to public library systems is to be paid. Inmate 35 populations shall be certified by the [New York state commission of36correction] office of the correctional ombudsman. The commissioner 37 shall adopt any regulations necessary to carry out the purposes and 38 provisions of this subdivision. 39 § 19. Section 63 of the executive law is amended by adding a new 40 subdivision 17 to read as follows: 41 17. Investigate the alleged commission of any criminal offense or 42 offenses committed by an employee of the department of corrections and 43 community supervision in connection with the performance of his or her 44 official duties, and prosecute any such person or persons believed to 45 have committed such criminal offense or offenses in connection with the 46 performance of his or her official duties. The attorney general may only 47 exercise the jurisdiction provided by this subdivision upon a written 48 finding that such jurisdiction is necessary because: (a) of a lack of 49 alternative prosecutorial resources to adequately investigate and prose- 50 cute such criminal offense or offenses or, (b) the exercise of such 51 jurisdiction is necessary to ensure the confidence of the public in the 52 judicial system. In all such proceedings, the attorney general may 53 appear in person or by his or her deputy or assistant before any court 54 or grand jury and exercise all of the powers and perform all of the 55 duties with respect to such actions or proceedings which the districtS. 7899 17 1 attorney would otherwise be authorized or required to exercise or 2 perform. 3 § 20. Paragraph (a) of subdivision 1 of section 169 of the executive 4 law, as amended by section 9 of part A of chapter 60 of the laws of 5 2012, is amended to read as follows: 6 (a) commissioner of corrections and community supervision, commission- 7 er of the office of the correctional ombudsman, commissioner of educa- 8 tion, commissioner of health, commissioner of mental health, commission- 9 er of developmental disabilities, commissioner of children and family 10 services, commissioner of temporary and disability assistance, chancel- 11 lor of the state university of New York, commissioner of transportation, 12 commissioner of environmental conservation, superintendent of state 13 police, commissioner of general services, commissioner of the division 14 of homeland security and emergency services and the executive director 15 of the state gaming commission; 16 § 21. Subdivision 9 of section 837-a of the executive law, as added by 17 section 4 of part Q of chapter 56 of the laws of 2009, is amended to 18 read as follows: 19 9. In consultation with the state commission of correction, the office 20 of the correctional ombudsman and the municipal police training council, 21 establish and maintain basic and other correctional training programs 22 for such personnel employed by correctional facilities as the commis- 23 sioner shall deem necessary. Such basic correctional training program 24 shall be satisfactorily completed by such personnel prior to their 25 undertaking their duties or within one year following the date of their 26 appointment or at such times as the commissioner may prescribe. 27 Provided, however, the commissioner may, after consultation with the 28 state commission of correction or the office of correctional ombudsman, 29 exempt from such requirement personnel employed by any correctional 30 facility which, in the opinion of the commissioner, maintains a basic 31 correctional training program of a standard equal to or higher than that 32 established and maintained by the division; or revoke in whole or in 33 part such exemption, if in his or her opinion the standards of the basic 34 correctional training program maintained by such facility are lower than 35 those established pursuant to this article. 36 § 22. Subdivision (c) of section 33.13 of the mental hygiene law is 37 amended by adding a new paragraph 18 to read as follows: 38 18. to the office of the correctional ombudsman. 39 § 23. Subdivision 1 of section 2782 of the public health law is 40 amended by adding a new paragraph (s) to read as follows: 41 (s) an employee or agent of the office of the correctional ombudsman 42 in order to carry out the office's functions, powers and duties with 43 respect to the protected individual, pursuant to article three-A of the 44 correction law. 45 § 24. Paragraph (a) of subdivision 2 of section 2786 of the public 46 health law, as added by chapter 584 of the laws of 1988, is amended to 47 read as follows: 48 (a) Each state agency authorized pursuant to this article to obtain 49 confidential HIV related information shall, in consultation with the 50 department of health, promulgate regulations: (1) to provide [safe-51quards] safeguards to prevent discrimination, abuse or other adverse 52 actions directed toward protected individuals; (2) to prohibit the 53 disclosure of such information except in accordance with this article; 54 (3) to seek to protect individuals in contact with the protected indi- 55 vidual when such contact creates a significant risk of contracting or 56 transmitting HIV infection through the exchange of body fluids[,]; andS. 7899 18 1 (4) to establish criteria for determining when it is reasonably neces- 2 sary for a provider of a health or social service or the state agency or 3 a local government agency to have or to use confidential HIV related 4 information for supervision, monitoring, investigation, or adminis- 5 tration and for determining which employees and agents may, in the ordi- 6 nary course of business of the agency or provider, be authorized to 7 access confidential HIV related information pursuant to the provisions 8 of paragraphs (l) and (m) of subdivision one and subdivision six of 9 section twenty-seven hundred eighty-two of this article; and provided 10 further that such regulations shall be promulgated by the chairperson of 11 the commission of correction or the office of the correctional ombudsman 12 where disclosure is made pursuant to paragraphs (n) [and], (o), or (r) 13 of subdivision one of section twenty-seven hundred eighty-two of this 14 article. 15 § 25. Subdivision 8 of section 92 of the public officers law, as 16 amended by section 135 of subpart B of part C of chapter 62 of the laws 17 of 2011, is amended to read as follows: 18 (8) Public safety agency record. The term "public safety agency 19 record" means a record of the state commission of correction, the office 20 of the correctional ombudsman, the temporary state commission of inves- 21 tigation, the department of corrections and community supervision, the 22 office of children and family services, the office of victim services, 23 the office of probation and correctional alternatives or the division of 24 state police or of any agency or component thereof whose primary func- 25 tion is the enforcement of civil or criminal statutes if such record 26 pertains to investigation, law enforcement, confinement of persons in 27 correctional facilities or supervision of persons pursuant to criminal 28 conviction or court order, and any records maintained by the division of 29 criminal justice services pursuant to sections eight hundred thirty-sev- 30 en, eight hundred thirty-seven-a, eight hundred thirty-seven-b, eight 31 hundred thirty-seven-c, eight hundred thirty-eight, eight hundred thir- 32 ty-nine, and eight hundred forty-five of the executive law and by the 33 department of state pursuant to section ninety-nine of the executive 34 law. 35 § 26. Subdivision 1 of section 460-c of the social services law, as 36 amended by chapter 838 of the laws of 1987, is amended to read as 37 follows: 38 1. Excepting state institutions for the education and support of the 39 blind, the deaf and the dumb, facilities subject to the approval, visi- 40 tation and inspection of the state department of mental hygiene, the 41 office of the correctional ombudsman or the state commission of 42 correction, facilities operated by or under the supervision of the divi- 43 sion for youth and facilities subject to the supervision of the depart- 44 ment of health pursuant to article twenty-eight of the public health 45 law, the department shall inspect and maintain supervision over all 46 public and private facilities or agencies whether state, county, munici- 47 pal, incorporated or not incorporated which are in receipt of public 48 funds, which are of a charitable, eleemosynary, correctional or reforma- 49 tory character, including facilities or agencies exercising custody of 50 dependent, neglected, abused, maltreated, abandoned or delinquent chil- 51 dren, agencies engaged in the placing-out or boarding-out of children as 52 defined in section three hundred seventy-one of this chapter, homes or 53 shelters for unmarried mothers, residential programs for victims of 54 domestic violence as defined in subdivision [five] four of section four 55 hundred fifty-nine-a of this chapter and adult care facilities.S. 7899 19 1 § 27. This act shall take effect one year after it shall have become a 2 law.
