Bill Text: NY S03706 | 2019-2020 | 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) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03706 Detail]
Download: New_York-2019-S03706-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3706 2019-2020 Regular Sessions IN SENATE February 13, 2019 ___________ Introduced by Sen. SEPULVEDA -- 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02936-01-9S. 3706 2 1 54. Additional functions, powers and duties of the office of the 2 ombudsman. 3 55. Additional duties of the department. 4 56. Obstructing an investigation by the correctional ombudsman. 5 § 50. Definitions. For the purposes of this article, the following 6 terms shall have the following meanings: 7 1. "Office" refers to the office of the correctional ombudsman. 8 2. "Ombudsman" refers to the commissioner of the office of the correc- 9 tional ombudsman. 10 § 51. Office of the correctional ombudsman; organization. 1. In order 11 to achieve transparency, fairness, impartiality and accountability in 12 our state correctional facilities, there shall be an independent office 13 of the correctional ombudsman within the executive department. The 14 ombudsman shall report to the correctional oversight board established 15 pursuant to section fifty-two of this article, provided, however, that 16 administrative matters of general application within the executive 17 department shall be also applicable to the office. 18 (a) Following the initial appointment of the members of the correc- 19 tional oversight board established pursuant to section fifty-two of this 20 article, such board shall promptly nominate a full-time ombudsman and 21 notify the governor of such nomination. Nothing in this paragraph shall 22 prohibit the board from appointing an interim ombudsman if there is a 23 vacancy. 24 (b) The governor, within thirty days after receiving written notice of 25 any nomination of an ombudsman made pursuant to paragraph (a) of this 26 subdivision, may approve or disapprove such nomination. If the governor 27 approves such nomination, or fails to act on such nomination within such 28 thirty day period, the nominee shall thereupon commence his or her term 29 as ombudsman. If, within such thirty day period, the governor serves 30 upon the chair of such board a written notice disapproving such nomi- 31 nation, the nominee shall not be authorized to serve as ombudsman 32 provided, however, that such board may authorize an interim ombudsman 33 appointed pursuant to paragraph (a) of this subdivision to serve or 34 continue to serve as interim ombudsman until such time as an ombudsman 35 is approved, or not timely disapproved, by the governor. Following any 36 disapproval, the board shall have sixty days to submit another nominee, 37 although such period may be extended, upon request of the board, by the 38 governor. A person appointed as interim ombudsman may exercise all of 39 the powers available to the ombudsman. 40 (c) The ombudsman may not have worked for the department within the 41 last ten years and may not hold any public office or other employment. 42 The ombudsman shall serve a six-year term and may only be removed for 43 good cause shown, after notice and an opportunity to be heard, by a vote 44 of two-thirds or more of the twelve members of the board. 45 § 52. Correctional oversight board. 1. There is hereby created the 46 correctional oversight board hereinafter referred to in this section as 47 the "board". The purpose of such board shall be to monitor, study and 48 make efforts to improve the transparency, fairness, impartiality and 49 accountability in state correctional facilities and to appoint the 50 ombudsman. No current employee of the department shall be appointed to 51 or serve on such board. The board shall consist of twelve members who 52 shall be appointed as follows: 53 (a) one shall be the state inspector general; 54 (b) two shall be appointed by the governor on the recommendation of 55 the senate;S. 3706 3 1 (c) two shall be appointed by the governor on the recommendation of 2 the assembly; 3 (d) two shall be appointed by the governor from a list of at least six 4 nominees submitted by non-profit agencies working in the fields of 5 re-entry or prisoner advocacy; 6 (e) one shall be appointed by the governor and shall be a former state 7 inmate; 8 (f) one shall be appointed by the governor and shall be a former 9 employee of the department who is no longer in state service; 10 (g) one shall be an attorney appointed by the governor from a list of 11 at least four nominees submitted by the state bar association; 12 (h) one shall be a medical professional appointed by the governor; and 13 (i) one shall be a mental health professional who works with the 14 Justice Center for the Protection of People with Special Needs appointed 15 by the governor. 16 2. All members of the board shall be appointed for terms of three 17 years with such terms to commence on August first, and expire July thir- 18 ty-first, provided, however, that the inspector general shall serve ex 19 officio. Initial appointments must be made within sixty days of the 20 effective date of this subdivision. Any member chosen to fill a vacancy 21 created otherwise than by expiration of term shall be appointed for the 22 unexpired term of the member whom he or she is to succeed. Vacancies 23 caused by expiration of a term or otherwise shall be filled promptly and 24 in the same manner as original appointments. Any member may be reap- 25 pointed for additional terms. A member of the board shall continue in 26 such position upon the expiration of his or her term until such time as 27 he or she is reappointed or his or her successor is appointed, as the 28 case may be. 29 3. Membership on the board shall not constitute the holding of an 30 office, and members of the board shall not be required to take and file 31 oaths of office before serving on the board. The board shall not have 32 the right to exercise any portion of the sovereign power of the state. 33 4. The board shall meet at least two times in each year. The first 34 meeting of the board shall be held within thirty days of the appointment 35 of the full board or within sixty days after the effective date of this 36 subdivision, whichever occurs earlier. Special meetings may be called by 37 the chair and shall be called by the chair upon the request of at least 38 five members of the board. The board may establish its own procedures 39 with respect to the conduct of its meetings and other affairs; provided, 40 however, that the quorum and majority provisions of section forty-one of 41 the general construction law shall govern all actions taken by the 42 board. 43 5. The members of the board shall receive no compensation for their 44 services but shall be allowed their actual and necessary expenses 45 incurred in the performance of their functions hereunder. 46 6. No member of the board shall be disqualified from holding any 47 public office or employment outside of the department, nor shall he or 48 she forfeit any such office or employment, by reason of his or her 49 appointment pursuant to this section, notwithstanding the provisions of 50 any other general, special or local law, ordinance or city charter. 51 7. The board shall make recommendations to the ombudsman for the 52 improvement of the department's policies and consult with and advise the 53 office of the correctional ombudsman in carrying out the duties and 54 responsibilities of such office. The ombudsman shall report to the 55 board fully on the activities of the office and shall seek board 56 approval on all major decisions or policy changes, including any stand-S. 3706 4 1 ards or protocols adopted by the ombudsman for the inspection and moni- 2 toring of correctional facilities or the resolution of complaints 3 received by the office. 4 8. Each member of the board shall tour a correctional facility with 5 the ombudsman at least annually. 6 § 53. Powers of the ombudsman. 1. The ombudsman shall have the 7 authority to hire and retain counsel to provide confidential advice or 8 to represent the ombudsman if the attorney general has a conflict in 9 representing the ombudsman in any litigation. 10 2. The office of the ombudsman shall not be located in the same build- 11 ing or buildings as the department but shall be wholly independent of 12 the department except that the department shall provide it with office 13 space, equipment and furnishings within any department facility as need- 14 ed to carry out its functions and duties. 15 3. The ombudsman may appoint such assistants, officers, investigators, 16 monitors, employees and consultants as he or she shall determine neces- 17 sary, prescribe their duties and powers, provide them with appropriate 18 training, fix their compensation and provide for reimbursement of their 19 expenses within the amounts appropriated therefor except that the 20 ombudsman shall not hire any person known to be directly or indirectly 21 involved in an open internal affairs investigation conducted by any 22 federal, state or local agency or who is a named defendant in a pending 23 federal or state lawsuit or criminal proceeding relating to his or her 24 prior work for a state, local or federal correctional or law enforcement 25 agency. The ombudsman may appoint a representative to carry out any of 26 his or her duties under this article except that the ombudsman must 27 attend meetings with the correctional oversight board. 28 4. The ombudsman may create, abolish, transfer and consolidate bureaus 29 and other units within the office as he or she may determine necessary 30 for the efficient operation of the office, subject to the approval of 31 the director of the budget. 32 5. The ombudsman may request and shall receive from any department, 33 division, bureau, commission or any other agency of the state or poli- 34 tical subdivision thereof or any public authority such assistance, 35 information and data as will enable the office to carry out its func- 36 tions, powers and duties. 37 6. The ombudsman shall be responsible for the contemporaneous public 38 oversight of internal affairs and the disciplinary process of the 39 department of corrections and community supervision. The ombudsman 40 shall have discretion to provide oversight of any department investi- 41 gation relating to the well-being, treatment, discipline, safety or any 42 other matter concerning inmates or persons under community supervision 43 as needed, including personnel investigations. 44 7. The ombudsman may review specific policies, practices, programs and 45 procedures of the department that raise a significant correctional issue 46 relevant to the well-being, treatment, discipline, safety, rehabili- 47 tation or any other matter concerning inmates or persons under community 48 supervision. The ombudsman is authorized to inspect, investigate or 49 examine all aspects of the department's operations and conditions, 50 including, but not limited to, staff recruitment, training, supervision, 51 discipline, inmate deaths, medical and mental health care, use of force, 52 inmate violence, conditions of confinement, inmate disciplinary process, 53 inmate grievance process, substance-abuse treatment, educational, voca- 54 tional and other programming and re-entry planning. During the course of 55 a review the ombudsman shall identify areas of full and partial compli- 56 ance or noncompliance with departmental policies and procedures, specifyS. 3706 5 1 deficiencies in the completion and documentation of processes and recom- 2 mend corrective actions, including, but not limited to, additional 3 training, additional policies or changes in policies, as well as any 4 other findings or recommendations he or she deems appropriate. 5 8. The ombudsman may place such members of his or her staff as he or 6 she deems appropriate as monitors in any correctional facility which, in 7 the judgment of the ombudsman, presents an imminent danger to the health 8 safety or security of inmates or employees of such correctional facility 9 or the public. 10 9. The ombudsman shall accept, with the approval of the governor, as 11 agent of the state any grant, including federal grants, or any gift for 12 any of the purposes of this article. Any moneys so received may be 13 expended by the ombudsman to effectuate any purpose of this article, 14 subject to the same limitations as to approval of expenditures and audit 15 as are prescribed for state moneys appropriated for the purposes of this 16 article. 17 10. The ombudsman may enter into contracts with any person, firm, 18 corporation, municipality, or governmental agency. 19 11. The ombudsman shall adopt, amend or rescind such rules and regu- 20 lations, in accordance with applicable state law, as may be necessary or 21 convenient to the performance of the functions, powers and duties of the 22 office. 23 12. The ombudsman shall do all other things necessary or convenient to 24 carry out its functions, powers and duties expressly set forth in this 25 article. 26 13. When exigent circumstances of unsafe or life threatening situ- 27 ations arise involving inmates, staff, people on community supervision 28 or other individuals, the ombudsman shall notify the governor, temporary 29 president of the senate and speaker of the assembly and commence an 30 immediate review of such circumstances. Upon completion of a review, the 31 ombudsman shall prepare a complete written report which shall be 32 disclosed with the underlying materials that the ombudsman deems appro- 33 priate to the commissioner, the requesting entity and any appropriate 34 law enforcement agency. 35 14. (a) The ombudsman shall interview and review all candidates for 36 appointment to serve as the superintendent of any state correctional 37 facility. The commissioner shall submit the names of such candidates to 38 the ombudsman who shall review such candidates' qualifications and 39 employ confidential procedures to evaluate the qualifications of each 40 candidate with regard to his or her ability to discharge the duties of 41 the office to which he or she is being appointed. Within ninety days of 42 the submission of a candidate's name, the ombudsman shall confidentially 43 advise the commissioner as to whether such candidate is well-qualified, 44 qualified or not qualified and the reasons therefore and may report, in 45 confidence, any other information that the ombudsman deems pertinent to 46 the qualification of the candidate. The ombudsman shall establish and 47 adopt rules and procedures regarding the review of candidates for the 48 position of superintendent and for maintaining the confidentiality of 49 any interviews, documents or other information relied upon in his or her 50 review. All such information shall be privileged and not subject to 51 disclosure. 52 (b) If the commissioner appoints a superintendent who the ombudsman 53 found was not qualified, the ombudsman shall make public that finding 54 after due notice to the appointee. Any candidate found to be not quali- 55 fied by the ombudsman shall have the right to withdraw from consider- 56 ation before the ombudsman makes such public finding and in that caseS. 3706 6 1 the finding shall not be published. Such notice and public finding 2 shall not constitute a waiver of privilege or breach of confidentiality 3 concerning the ombudsman's review of the appointee's qualifications 4 pursuant to this section. 5 15. Notwithstanding any law to the contrary, the ombudsman shall 6 periodically, but not less than every three years, conduct inspections 7 of each correctional facility and shall periodically review delivery of 8 medical and mental health care at each correctional facility. The 9 ombudsman shall issue a public report on each correctional facility at 10 least every three years. The ombudsman need not notify the department 11 before commencing such inspection or review. 12 16. All records, correspondence, videotapes, audiotapes, photographs, 13 notes, electronic communications, books, memoranda, papers or other 14 documents or objects used as evidence to support a completed review or 15 investigation must be retained for three years after a report is issued 16 unless handed over to a law enforcement agency for criminal investi- 17 gation. No such documents or evidence shall be destroyed pending the 18 completion of an investigation or review. Such documents or evidence 19 shall be publicly available unless confidential and not subject to 20 disclosure under the freedom of information law or by court order. 21 17. Notwithstanding any other provision of the law the ombudsman shall 22 have complete access and authority to examine and reproduce any and all 23 past and current books, accounts, reports, medical and mental health 24 records, vouchers, correspondence files, computer files, computer data 25 bases, documents, video and audio tape recordings, statistics and 26 performance based outcome measures and any and all other past and 27 current records and to examine the bank accounts, money or property of 28 the department. Any state office or agency of a political subdivision 29 of the state or other public entity or employee or officer thereof 30 possessing such records or property shall permit access to, and examina- 31 tion and reproduction thereof, consistent with the provisions of this 32 article, upon the request the ombudsman or his or her designee. Access, 33 examination and reproduction consistent with the provision of this 34 section shall not result in the waiver of any confidentiality or privi- 35 lege regarding any records or property. 36 18. The ombudsman may require any state employee to be interviewed on 37 a confidential basis. Such employee must comply with the request to be 38 interviewed and must be given time off from his or her employment for 39 the purposes of attending such an interview and may be accompanied by 40 counsel acting on his or her behalf. The ombudsman may also conduct a 41 confidential interview of any inmate or other person upon consent. 42 19. The ombudsman may enter anywhere on the grounds of any department 43 facility or office for the purposes of observation, inspection and 44 investigation and shall have unfettered access to all areas of the 45 department and any facility at any time. 46 20. The ombudsman may cause the body of a deceased inmate to undergo 47 such examinations, including an autopsy, as he or she deems necessary to 48 determine the cause of death, irrespective of whether any such examina- 49 tion or autopsy shall have been previously performed. 50 21. (a) In the exercise of its functions, powers and duties, the 51 ombudsman and any attorney employed by the office is authorized to issue 52 and enforce a subpoena and a subpoena duces tecum, administer oaths and 53 examine persons under oath, in accordance with and pursuant to civil 54 practice law and rules. A person examined under oath pursuant to this 55 subdivision shall have the right to be accompanied by counsel who shall 56 advise the person of his or her rights subject to reasonable limitationsS. 3706 7 1 to prevent obstruction of, or interference with, the orderly conduct of 2 the examination. Notwithstanding any other provision of law, a subpoena 3 may be issued and enforced pursuant to this subdivision for the medical 4 records of an inmate of a correctional facility, regardless of whether 5 such medical records were made during the course of the inmate's incar- 6 ceration. 7 (b) In any case where a person in charge or control of a correctional 8 facility or an officer or employee thereof shall fail to comply with the 9 provisions of paragraph (a) of this subdivision, or in any case where a 10 coroner, coroner's physician or medical examiner shall fail to comply 11 with the provisions of subdivision six of section six hundred seventy- 12 seven of the county law, the ombudsman may apply to the supreme court 13 for an order directed to such person requiring compliance therewith. 14 Upon such application the court may issue such order as may be just and 15 a failure to comply with the order of the court shall be a contempt of 16 court and punishable as such. 17 22. The ombudsman shall not be compelled to testify or release records 18 without a court order that are otherwise exempt from public disclosure, 19 including documents pertaining to any investigation that has not been 20 completed or any identifying information, personal papers or correspond- 21 ence with any person who has requested assistance from the office unless 22 that person consents in writing to the release of such information, 23 papers or correspondence. 24 23. The ombudsman may hold public hearings. 25 § 54. Additional functions, powers and duties of the office of the 26 ombudsman. 1. The office may receive communications from any individual 27 who believes he or she may have information that may describe improper 28 governmental activities or wrongdoing within the department. Inmate 29 mail to and from the ombudsman shall be treated in the same manner as 30 legal mail and may not be restricted by the department, the office of 31 mental health or any other entity. 32 (a) The ombudsman shall establish a toll-free telephone number for the 33 purpose of identifying any alleged wrongdoing by an employee of the 34 department. This telephone number shall be posted by the department in 35 clear view of employees, inmates and the public, and inmates shall be 36 permitted to call such number during normal hours for telephone usage or 37 within twenty-four hours of admission to a special housing unit or other 38 unit with restricted telephone access. Telephone calls made to such 39 toll-free number from a correctional facility shall not be recorded by 40 the department and are protected confidential communications. The 41 ombudsman shall also maintain a website with a complaint form that may 42 be filled out online and shall also accept complaints by mail or other 43 means alleging wrongdoing by an employee of the department. When 44 requested, the ombudsman shall initiate a review of any such alleged 45 wrongdoing which may result in an investigation of the alleged wrongdo- 46 ing at the ombudsman's discretion. 47 (b) At the conclusion of an investigation of a complaint, the ombuds- 48 man shall report his or her findings to the complainant and any person 49 designated to receive such findings by the complainant. If the ombudsman 50 does not investigate a complaint, he or she shall notify the complainant 51 and such other person of the decision not to investigate and the reasons 52 for the decision. If the complainant is deceased at the time of the 53 completion of an investigation, the ombudsman shall report his or her 54 findings to the complainant's next of kin when such person is known to 55 the ombudsman or to the department.S. 3706 8 1 (c) The ombudsman may act informally to resolve a complaint including 2 providing referrals or information to complainants, expediting individ- 3 ual matters, mediating or providing other assistance. 4 (d) All identifying information and any personal records or corre- 5 spondence from any person who initiated the review of such alleged 6 wrongdoing shall be confidential unless the person consents to disclo- 7 sure in writing. 8 (e) Where the ombudsman believes that an allegation of criminal 9 misconduct has been made by a complainant, he or she shall report such 10 allegation to the appropriate law enforcement agency. 11 2. Upon receiving a complaint of retaliation for complaining to or 12 cooperating with the ombudsman, the ombudsman shall commence an inquiry 13 into the complaint and conduct a formal investigation. Should the 14 ombudsman find that a complaint of retaliation is founded as a result of 15 an investigation, he or she shall so notify the department and make 16 recommendations for corrective action to be taken by the department. The 17 ombudsman shall make the results and supporting evidence of its formal 18 investigation available to the division of human rights should an 19 employee file a retaliation complaint with such agency and consent to 20 such disclosure in writing. 21 3. To facilitate oversight, the office shall be immediately notified 22 by the department of all unusual and significant incidences including, 23 but not limited to, riots or fights involving multiple combatants, use 24 of force, inmate deaths, serious physical assaults on employees or 25 inmates, work stoppages and escapes and shall be given monthly aggre- 26 gated reports of unusual incidents and inmate grievances by the depart- 27 ment. Employees of the office shall be permitted to be present in any 28 department internal investigation or inquiry. The office shall be 29 responsible for reporting such unusual and significant incidents and the 30 outcome of its investigations into such incidents to the public no less 31 than quarterly. 32 4. (a) The ombudsman shall annually prepare a public report and summa- 33 ry of all investigations and reviews, including a list of significant 34 problems discovered by the office, whether or not the recommendations 35 made by the office have been implemented, and a list of the office's 36 high priorities for the following year. The ombudsman shall submit such 37 report to the governor, the temporary president of the senate, and 38 speaker of the assembly by December thirty-first of each year. Such 39 report shall be posted in electronic form on the office's public 40 website. The ombudsman shall be authorized to redact portions of such 41 report in a manner consistent with article six of the public officers 42 law or where disclosure is otherwise prohibited by law. 43 (b) Upon review of the cause of death and circumstances surrounding 44 the death of any inmate in a correctional facility, the ombudsman shall 45 submit its report thereon to the governor, the speaker of the assembly, 46 the temporary president of the senate, the chairperson of the assembly 47 correction committee, the chairperson of the senate crime and correction 48 committee, and the commissioner, and, where appropriate, make recommen- 49 dations to prevent the recurrence of such deaths. Such reports shall be 50 published on the office's website and shall otherwise be made available 51 to the public. 52 (c) The ombudsman shall make an annual report to the governor, the 53 speaker of the assembly, the temporary president of the senate, the 54 chairperson of the assembly correction committee and the chairperson of 55 the senate crime and correction committee on the condition of systems 56 for the delivery of medical care to inmates of correctional facilitiesS. 3706 9 1 and, where appropriate, recommend such changes as it shall deem neces- 2 sary and proper to improve the quality and availability of such medical 3 care. Such report shall be published on the office's website and shall 4 otherwise be made available to the public. 5 (d) All public reports by the ombudsman shall not disclose information 6 where prohibited by law. 7 § 55. Additional duties of the department. 1. State employees operat- 8 ing within a correctional facility must cooperate fully and promptly 9 with the ombudsman. 10 2. The department shall respond in writing to any recommendations made 11 by the ombudsman or his or her designee within forty-five days and shall 12 state with specificity its reasons for failing to act on any such recom- 13 mendation. Such writings shall be made public by the ombudsman except 14 that information which would reveal confidential material that may not 15 be released pursuant to federal or state law shall be reacted by the 16 ombudsman from any such report or recommendation. 17 3. The commissioner shall immediately report to the ombudsman the 18 death of an inmate of any such facility in such manner and form as the 19 ombudsman shall prescribe and shall provide him or her with an autopsy 20 report when available. 21 § 56. Obstructing an investigation by the correctional ombudsman. A 22 person is guilty of obstructing an investigation by the correctional 23 ombudsman when, with intent to obstruct or impede an inquiry or investi- 24 gation by the correctional ombudsman appointed pursuant to sections 25 fifty-three or fifty-four of this article, he or she knowingly destroys 26 or knowingly fails to permit access to, examination of, or reproduction 27 by the office of such correctional ombudsman, of any book, account, bank 28 account information, report, voucher, correspondence or correspondence 29 file, computer file, computer data base, document, video or audio 30 recording, statistic or performance based outcome measure, money, prop- 31 erty or any other record of the department of corrections and community 32 supervision lawfully requested by such correctional ombudsman. 33 Obstructing an investigation by the correctional ombudsman is a class A 34 misdemeanor. 35 § 2. Section 2 of the correction law is amended by adding two new 36 subdivisions 32 and 33 to read as follows: 37 32. "Office" means the office of the correctional ombudsman. 38 33. "Ombudsman" means the commissioner of the office of the correc- 39 tional ombudsman. 40 § 3. Subdivision 3 of section 40 of the correction law, as amended by 41 section 13 of subpart A of part C of chapter 62 of the laws of 2011, is 42 amended to read as follows: 43 3. "Correctional facility" means [any institution operated by the44state department of corrections and community supervision,] any local 45 correctional facility, or any place, other than a state correctional 46 facility operated by the department, used, pursuant to a contract with 47 the state or a municipality, for the detention of persons charged with 48 or convicted of a crime, or, for the purpose of this article only, a 49 secure facility operated by the office of children and family services. 50 § 4. Paragraph 1 of subdivision (c) of section 42 of the correction 51 law, as added by chapter 865 of the laws of 1975, is amended to read as 52 follows: 53 1. Advise and assist the commission in developing policies, plans and 54 programs for improving the commission's performance of its duties and 55 for coordinating the efforts of the commission and of correctional offi- 56 cials to improve conditions of care, treatment, safety, supervision,S. 3706 10 1 rehabilitation, recreation, training and education in local correctional 2 facilities; 3 § 5. Subdivisions 1, 2, 3, 4, 6, 8, and 10 of section 45 of the 4 correction law, subdivisions 1 and 2 as added by chapter 865 of the laws 5 of 1975, subdivision 3 as amended by section 1, subdivisions 6 and 10 as 6 amended by section 7 of part Q of chapter 56 of the laws of 2009, subdi- 7 vision 4 as amended by section 15 of subpart A of part C of chapter 62 8 of the laws of 2011, subdivision 8 as amended by section 2 of part D of 9 chapter 63 of the laws of 2005, paragraph (b) of subdivision 8 as 10 amended by section 4 of part H of chapter 56 of the laws of 2009, are 11 amended to read as follows: 12 1. Advise and assist the governor in developing policies, plans and 13 programs for improving the administration of local correctional facili- 14 ties and the delivery of services therein. 15 2. Make recommendations to administrators of local correctional facil- 16 ities for improving the administration of such correctional facilities 17 and the delivery of services therein. 18 3. Except in circumstances involving health, safety or alleged 19 violations of established standards of the commission, visit, and 20 inspect local correctional facilities consistent with a schedule deter- 21 mined by the chairman of the commission, taking into consideration 22 available resources, workload and staffing, and appraise the management 23 of such correctional facilities with specific attention to matters such 24 as safety, security, health of inmates, sanitary conditions, rehabilita- 25 tive programs, disturbance and fire prevention and control preparedness, 26 and adherence to laws and regulations governing the rights of inmates. 27 4. Establish procedures to assure effective investigation of griev- 28 ances of, and conditions affecting, inmates of local correctional facil- 29 ities. Such procedures shall include but not be limited to receipt of 30 written complaints, interviews of persons, and on-site monitoring of 31 conditions. [In addition, the commission shall establish procedures for32the speedy and impartial review of grievances referred to it by the33commissioner of the department of corrections and community super-34vision.] 35 6. Promulgate rules and regulations establishing minimum standards for 36 the review of the construction or improvement of local correctional 37 facilities and the care, custody, correction, treatment, supervision, 38 discipline, and other correctional programs for all persons confined in 39 such correctional facilities. Such rules and regulations shall be 40 forwarded to the governor, the temporary president of the senate and the 41 speaker of the assembly no later than January first, nineteen hundred 42 seventy-six and annually thereafter. 43 8. [(a)] Close any local correctional facility which is unsafe, unsan- 44 itary or inadequate to provide for the separation and classification of 45 prisoners required by law or which has not adhered to or complied with 46 the rules or regulations promulgated with respect to any such facility 47 by the commission pursuant to the provisions of subdivision six of this 48 section; provided, however, that before such facility may be closed due 49 to conditions which are unsafe, unsanitary or inadequate to provide for 50 the separation and classification of prisoners, the commission shall 51 cause a citation to be mailed to the appropriate municipal or other 52 official at least ten days before the return day thereof directing the 53 responsible authorities designated to appear before such commission at 54 the time and place set forth in the citation, and show cause why such 55 correctional facility should not be closed. After a hearing thereon or 56 upon the failure to appear, such commission is empowered to order suchS. 3706 11 1 facility designated in the citation closed within twenty days, during 2 which time the respondent authority may review such order in the manner 3 provided in article seventy-eight of the civil practice law and rules, 4 in the supreme court. Fifteen days after the order to close has been 5 served by a registered letter upon the appropriate official if no court 6 review has been taken, and fifteen days after the order of such commis- 7 sion has been confirmed by the court, in case of court review, such 8 facility designated in the order shall be closed, and it shall be unlaw- 9 ful to confine or detain any person therein and any officer confining or 10 detaining any person therein shall be guilty of a class A misdemeanor. 11 [(b) Before a correctional facility as defined in subdivision four of12section two of this chapter, may be closed for a reason other than those13set forth in paragraph (a) of this subdivision, the provisions of14section seventy-nine-a of this chapter shall be adhered to.] 15 10. Approve or reject plans and specifications for the construction or 16 improvement of local correctional facilities that directly affect the 17 health of inmates and staff, safety, or security. 18 § 6. Section 46 of the correction law, as added by chapter 865 of the 19 laws of 1975, subdivisions 1 and 2 as amended by chapter 232 of the laws 20 of 2012, and subdivision 3 as amended by chapter 490 of the laws of 21 2015, is amended to read as follows: 22 § 46. Additional functions, powers and duties of the commission. 1. 23 The commission, any member or any employee designated by the commission 24 must be granted access at any and all times to any local correctional 25 facility or part thereof and to all books, records, inmate medical 26 records and data pertaining to any correctional facility deemed neces- 27 sary for carrying out the commission's functions, powers and duties. The 28 commission, any member or any employee designated by the chairman may 29 require from the officers or employees of [a] such correctional facility 30 any information deemed necessary for the purpose of carrying out the 31 commission's functions, powers and duties. 32 2. In the exercise of its functions, powers and duties, the commis- 33 sion, any member, and any attorney employed by the commission is author- 34 ized to issue and enforce a subpoena and a subpoena duces tecum, admin- 35 ister oaths and examine persons under oath, in accordance with and 36 pursuant to civil practice law and rules. A person examined under oath 37 pursuant to this subdivision shall have the right to be accompanied by 38 counsel who shall advise the person of their rights subject to reason- 39 able limitations to prevent obstruction of, or interference with, the 40 orderly conduct of the examination. Notwithstanding any other provision 41 of law, a subpoena may be issued and enforced pursuant to this subdivi- 42 sion for the medical records of an inmate of a correctional facility, 43 regardless of whether such medical records were made during the course 44 of the inmate's incarceration. 45 3. In any case where a person in charge or control of a local correc- 46 tional facility or an officer or employee thereof shall fail to comply 47 with the provisions of subdivision one, or in any case where a coroner, 48 coroner's physician or medical examiner shall fail to comply with the 49 provisions of subdivision six of section six hundred seventy-seven of 50 the county law, the commission may apply to the supreme court for an 51 order directed to such person requiring compliance therewith. Upon such 52 application the court may issue such order as may be just and a failure 53 to comply with the order of the court shall be a contempt of court and 54 punishable as such. 55 4. In any case where any rule or regulation promulgated by the commis- 56 sion pursuant to subdivision six of section forty-five of this articleS. 3706 12 1 or the laws relating to the construction, management and affairs of 2 [any] a local correctional facility or the care, treatment and disci- 3 pline of its inmates, are being or are about to be violated, the commis- 4 sion shall notify the person in charge or control of the facility of 5 such violation, recommend remedial action, and direct such person to 6 comply with the rule, regulation or law, as the case may be. Upon the 7 failure of such person to comply with the rule, regulation or law the 8 commission may apply to the supreme court for an order directed to such 9 person requiring compliance with such rule, regulation or law. Upon such 10 application the court may issue such order as may be just and a failure 11 to comply with the order of the court shall be a contempt of court and 12 punishable as such. 13 § 7. Section 47 of the correction law, as added by chapter 865 of the 14 laws of 1975, paragraph (e) of subdivision 1 as amended by chapter 447 15 of the laws of 2016, subdivision 2 as amended by chapter 491 of the laws 16 of 1987, is amended to read as follows: 17 § 47. Functions, powers and duties of the board. 1. The board shall 18 have the following functions, powers and duties: 19 (a) Investigate and review the cause and circumstances surrounding the 20 death of any inmate of a local correctional facility. 21 (b) Visit and inspect any local correctional facility wherein an 22 inmate has died. 23 (c) Cause the body of the deceased to undergo such examinations, 24 including an autopsy, as in the opinion of the board, are necessary to 25 determine the cause of death, irrespective of whether any such examina- 26 tion or autopsy shall have previously been performed. 27 (d) Upon review of the cause of death and circumstances surrounding 28 the death of any inmate in a local correctional facility, the board 29 shall submit its report thereon to the commission, the governor, the 30 speaker of the assembly and temporary president of the senate, the 31 chairperson of the assembly correction committee and the chairperson of 32 the senate crime and correction committee, and, where appropriate, make 33 recommendations to prevent the recurrence of such deaths to the commis- 34 sion and the administrator of the appropriate correctional facility. 35 (e) (i) Investigate and report to the commission on the condition of 36 systems for the delivery of medical care to inmates of local correction- 37 al facilities and where appropriate recommend such changes as it shall 38 deem necessary and proper to improve the quality and availability of 39 such medical care. 40 (ii) The board shall be responsive to inquiries from the next of kin 41 and other person designated as a representative of any inmate whose 42 death takes place during custody in a state correctional facility 43 regarding the circumstances surrounding the death of such inmate. 44 Contact information for the next of kin and designated representative 45 shall be provided by the department to the board from the emergency 46 contact information previously provided by the inmate to the department. 47 2. Every administrator of a local correctional facility shall imme- 48 diately report to the board the death of an inmate of any such facility 49 in such manner and form as the board shall prescribe, together with an 50 autopsy report. 51 § 8. Section 89-a of the correction law, as amended by chapter 409 of 52 the laws of 1991, is amended to read as follows: 53 § 89-a. [1.] Management of alternate correctional facilities. 1. 54 Superintendence, management and control of alternate correctional facil- 55 ities and the eligible inmates housed therein shall be as directed by 56 the commissioner consistent with the following: an alternate correction-S. 3706 13 1 al facility shall be operated pursuant to rules and regulations promul- 2 gated for such facilities by the commissioner in consultation with the 3 [state commission of correction] office of the correctional ombudsman 4 and the provisions of the operation agreement. The commissioner shall 5 operate such facility insofar as practicable in the same manner as a 6 general confinement facility which houses medium security state inmates. 7 Nothing herein, however, shall preclude the commissioner from enhancing 8 staffing or programming to accommodate the particular needs of eligible 9 inmates pursuant to the operation agreement. No inmate shall be housed 10 in any alternate correctional facility until such facility has been 11 established in accordance with the provisions of section eighty-nine of 12 this article. The population in an alternate correctional facility shall 13 not exceed its design capacity of approximately seven hundred eligible 14 inmates except pursuant to variances permitted by law, rule or regu- 15 lation or court order. 16 2. Notwithstanding any other provisions of law, no variance authoriz- 17 ing an alternate correctional facility to exceed its design capacity 18 shall be granted after March fifteenth, nineteen hundred ninety-two 19 unless the mayor of the city of New York submits, together with the 20 variance request, a certificate of emergency demonstrating the need for 21 such variance and that reasonable alternatives to the granting of the 22 variance do not exist, and containing a detailed summary of measures 23 that will be taken to restore compliance with such design capacity. The 24 [chairman of the state commission of correction] commissioner of the 25 office of the correctional ombudsman shall transmit, in a timely manner, 26 notice of such request to the chairmen of the senate crime and 27 correction committee and the assembly correction committee. 28 § 9. Subdivision 1 of section 89-e of the correction law, as amended 29 by section 47 of part A of chapter 56 of the laws of 2010, is amended to 30 read as follows: 31 1. The alternate correctional facility review panel is hereby estab- 32 lished and shall consist of the commissioner, [the chairman of the state33commission of correction] the commissioner of the office of the correc- 34 tional ombudsman, the chairman of the board of parole, the director of 35 the office of probation and correctional alternatives, the commissioner 36 of correction of the city of New York, the president of the New York 37 State Sheriffs' Association Institute, Inc., and the president of the 38 Correctional Association of New York or their designees. The governor 39 shall appoint a chairman and vice-chairman from among the members. 40 § 10. Section 89-f of the correction law, as added by chapter 549 of 41 the laws of 1987, is amended to read as follows: 42 § 89-f. Oversight. The [state commission of correction] office of the 43 correctional ombudsman shall exercise the same powers and duties 44 concerning each alternate correctional facility as the [commission] 45 office is required to exercise concerning a New York state correctional 46 facility. The [commission] office shall prepare an annual report on each 47 alternate correctional facility which shall evaluate and assess the 48 department's compliance with all rules and regulations applicable to 49 that facility and the operation agreement and which shall include an 50 analysis of the frequency and severity of all unusual incidents and 51 assaults occurring in that facility. The annual reports shall be filed 52 with the governor, the mayor of the city of New York, the chairman of 53 the senate crime and correction committee, and the chairman of the 54 assembly committee on correction no later than the first day of June of 55 each year.S. 3706 14 1 § 11. Subdivision 1 of section 112 of the correction law, as amended 2 by section 19 of subpart A of part C of chapter 62 of the laws of 2011, 3 is amended to read as follows: 4 1. The commissioner of corrections and community supervision shall 5 have the superintendence, management and control of the correctional 6 facilities in the department and of the inmates confined therein, and of 7 all matters relating to the government, discipline, policing, contracts 8 and fiscal concerns thereof. He or she shall have the power and it shall 9 be his or her duty to inquire into all matters connected with said 10 correctional facilities and to report any allegations of corruption, 11 fraud, criminal activity, conflicts of interest or abuse to the office 12 of the correctional ombudsman for investigation, as well as report to 13 such office on other correctional issues, including, but not limited to, 14 staff recruitment, training, supervision, discipline, inmate deaths, 15 medical and mental health care, use of force, inmate violence, condi- 16 tions of confinement, inmate disciplinary process, inmate grievance 17 process, substance-abuse treatment, educational, vocational and other 18 programming and re-entry planning. He or she shall make such rules and 19 regulations, not in conflict with the statutes of this state, for the 20 government of the officers and other employees of the department 21 assigned to said facilities, and in regard to the duties to be performed 22 by them, and for the government and discipline of each correctional 23 facility, as he or she may deem proper, and shall cause such rules and 24 regulations to be recorded by the superintendent of the facility, and a 25 copy thereof to be furnished to each employee assigned to the facility. 26 He or she shall also prescribe a system of accounts and records to be 27 kept at each correctional facility, which system shall be uniform at all 28 of said facilities, and he or she shall also make rules and regulations 29 for a record of photographs and other means of identifying each inmate 30 received into said facilities. He or she shall appoint and remove, 31 subject to the civil service law and rules, subordinate officers and 32 other employees of the department who are assigned to correctional 33 facilities. 34 § 12. Subdivision 1 of section 146 of the correction law, as amended 35 by chapter 234 of the laws of 2013, is amended to read as follows: 36 1. The following persons shall be authorized to visit at pleasure all 37 correctional facilities: The governor and lieutenant-governor, commis- 38 sioner of general services, secretary of state, comptroller and attor- 39 ney-general, members of the commission of correction, any employee of, 40 or person under contract to, the office of the correctional ombudsman, 41 members of the correctional oversight board, members of the legislature 42 and any employee of the department as requested by the member of the 43 legislature if the member requests to be so accompanied, provided that 44 such request does not impact upon the department's ability to supervise, 45 manage and control its facilities as determined by the commissioner, 46 judges of the court of appeals, supreme court and county judges, 47 district attorneys and every clergyman or minister, as such terms are 48 defined in section two of the religious corporations law, having charge 49 of a congregation in the county wherein any such facility is situated. 50 No other person not otherwise authorized by law shall be permitted to 51 enter a correctional facility except by authority of the commissioner of 52 correction under such regulations as the commissioner shall prescribe. 53 The provisions of this section shall not apply to such portion of a 54 correctional facility in which inmates under sentence of death are 55 confined.S. 3706 15 1 § 13. Section 853 of the correction law, as amended by chapter 757 of 2 the laws of 1981, is amended to read as follows: 3 § 853. Reporting and information. To ensure the accurate maintenance 4 and availability of statistics and records with respect to participation 5 in temporary release programs, the department shall maintain the follow- 6 ing information relative to the operation of temporary release programs: 7 (a) number of inmate participants in each temporary release program; 8 (b) number of inmates participating in temporary release for whom 9 written approval of the commissioner was required pursuant to subdivi- 10 sion two of section eight hundred fifty-one of this chapter; 11 (c) number and type of individual programs approved for each partic- 12 ipant; 13 (d) approved participating employers and educational institutions; 14 (e) number of inmates arrested; 15 (f) inmates involuntarily returned for violations by institution; 16 (g) absconders still at large; 17 (h) number of disciplinary proceedings initiated and the results ther- 18 eof; 19 (i) number of temporary release committee decisions appealed and the 20 results thereof by institution; 21 (j) reports or information made available to the department with 22 respect to the participation of individuals in such programs, including 23 any incidents of absconding or re-arrest. 24 The department shall also forward to the [state commission of25correction] office of the correctional ombudsman quarterly reports 26 including, but not limited to, the information identified in subdivi- 27 sions (a), (b), (d), (e), (f) and (g) of this section and such other 28 information requested by the [commission] office or available to the 29 department with respect to such programs. 30 § 14. Section 854 of the correction law, as added by chapter 691 of 31 the laws of 1977, is amended to read as follows: 32 § 854. Evaluation and recommendation. In recognition of the need for 33 an independent evaluation of, and recommendations with respect to, 34 temporary release, the [commission of correction] office of the correc- 35 tional ombudsman shall evaluate and assess the administration and opera- 36 tion of all temporary release programs conducted pursuant to this arti- 37 cle and shall submit to the governor and the legislature by March first, 38 [nineteen hundred seventy-eight] two thousand twenty-two, its findings 39 together with any recommendations with respect to the proper operation 40 or the improvement of such temporary release programs. 41 § 15. Section 857 of the correction law, as added by chapter 691 of 42 the laws of 1977, is amended to read as follows: 43 § 857. Complaint and abuse review. Any person may submit to the 44 [commission of correction] office of the correctional ombudsman any 45 complaint he or she may have concerning programmatic abuses. The 46 [commission of correction] office shall evaluate such complaints and, 47 where indicated, conduct any needed investigation. If the [commission] 48 office concludes that a complaint is valid, the [commission] ombudsman 49 shall make recommendations to the department for corrective action. 50 Where the [commission] office believes sufficient evidence exists to 51 support a criminal charge, the [commission] office shall report such 52 evidence to the appropriate law enforcement agencies. 53 § 16. Subdivision 6 of section 677 of the county law, as amended by 54 chapter 490 of the laws of 2015, is amended to read as follows: 55 6. Notwithstanding section six hundred seventy of this article or any 56 other provision of law, the coroner, coroner's physician or medicalS. 3706 16 1 examiner shall promptly provide the chairman of the correction medical 2 review board or the commissioner of the office of the correctional 3 ombudsman and the commissioner of corrections and community supervision, 4 as appropriate, with copies of any autopsy report, toxicological report 5 or any report of any examination or inquiry prepared with respect to any 6 death occurring to an inmate of a correctional facility as defined by 7 subdivision three of section forty of the correction law within his or 8 her county; and shall promptly provide the executive director of the 9 justice center for the protection of people with special needs with 10 copies of any autopsy report, toxicology report or any report of any 11 examination or inquiry prepared with respect to the death of any service 12 recipient occurring while he or she was a resident in any facility oper- 13 ated, licensed or certified by any agency within the department of 14 mental hygiene, the office of children and family services, the depart- 15 ment of health or the state education department. If the toxicological 16 report is prepared pursuant to any agreement or contract with any 17 person, partnership, corporation or governmental agency with the coroner 18 or medical examiner, such report shall be promptly provided to the 19 chairman of the correction medical review board, the commissioner of the 20 office of the correctional ombudsman, the commissioner of corrections 21 and community supervision or the executive director of the justice 22 center for people with special needs, as appropriate, by such person, 23 partnership, corporation or governmental agency. 24 § 17. Section 2.10 of the criminal procedure law is amended by adding 25 a new subdivision 85 to read as follows: 26 85. Investigators of the office of the correctional ombudsman. 27 § 18. Subdivision 2 of section 285 of the education law, as added by 28 section 6 of part O of chapter 57 of the laws of 2005, is amended to 29 read as follows: 30 2. The commissioner is authorized to expend up to one hundred seven- 31 ty-five thousand dollars annually to provide grants to public library 32 systems operating under an approved plan of service for provision of 33 services to county jail facilities. Such formula grants shall assist the 34 library system in making available to the inmate population of such 35 facility or facilities the library resources of such system. Such grants 36 shall be available to each public library system in such manner as to 37 insure that the ratio of the amount each system is eligible to receive 38 equals the ratio of the number of inmates served by the county jail 39 facility to the total number of inmates served by county jail facilities 40 in the state as of July first of the year preceding the calendar year in 41 which the state aid to public library systems is to be paid. Inmate 42 populations shall be certified by the [New York state commission of43correction] office of the correctional ombudsman. The commissioner 44 shall adopt any regulations necessary to carry out the purposes and 45 provisions of this subdivision. 46 § 19. Section 63 of the executive law is amended by adding a new 47 subdivision 17 to read as follows: 48 17. Investigate the alleged commission of any criminal offense or 49 offenses committed by an employee of the department of corrections and 50 community supervision in connection with the performance of his or her 51 official duties, and prosecute any such person or persons believed to 52 have committed such criminal offense or offenses in connection with the 53 performance of his or her official duties. The attorney general may only 54 exercise the jurisdiction provided by this subdivision upon a written 55 finding that such jurisdiction is necessary because: (a) of a lack of 56 alternative prosecutorial resources to adequately investigate and prose-S. 3706 17 1 cute such criminal offense or offenses or, (b) the exercise of such 2 jurisdiction is necessary to ensure the confidence of the public in the 3 judicial system. In all such proceedings, the attorney general may 4 appear in person or by his or her deputy or assistant before any court 5 or grand jury and exercise all of the powers and perform all of the 6 duties with respect to such actions or proceedings which the district 7 attorney would otherwise be authorized or required to exercise or 8 perform. 9 § 20. Paragraph (a) of subdivision 1 of section 169 of the executive 10 law, as amended by section 9 of part A of chapter 60 of the laws of 11 2012, is amended to read as follows: 12 (a) commissioner of corrections and community supervision, commission- 13 er of the office of the correctional ombudsman, commissioner of educa- 14 tion, commissioner of health, commissioner of mental health, commission- 15 er of developmental disabilities, commissioner of children and family 16 services, commissioner of temporary and disability assistance, chancel- 17 lor of the state university of New York, commissioner of transportation, 18 commissioner of environmental conservation, superintendent of state 19 police, commissioner of general services, commissioner of the division 20 of homeland security and emergency services and the executive director 21 of the state gaming commission; 22 § 21. Subdivision 9 of section 837-a of the executive law, as added by 23 section 4 of part Q of chapter 56 of the laws of 2009, is amended to 24 read as follows: 25 9. In consultation with the state commission of correction, the office 26 of the correctional ombudsman and the municipal police training council, 27 establish and maintain basic and other correctional training programs 28 for such personnel employed by correctional facilities as the commis- 29 sioner shall deem necessary. Such basic correctional training program 30 shall be satisfactorily completed by such personnel prior to their 31 undertaking their duties or within one year following the date of their 32 appointment or at such times as the commissioner may prescribe. 33 Provided, however, the commissioner may, after consultation with the 34 state commission of correction or the office of the correctional ombuds- 35 man, exempt from such requirement personnel employed by any correctional 36 facility which, in the opinion of the commissioner, maintains a basic 37 correctional training program of a standard equal to or higher than that 38 established and maintained by the division; or revoke in whole or in 39 part such exemption, if in his or her opinion the standards of the basic 40 correctional training program maintained by such facility are lower than 41 those established pursuant to this article. 42 § 22. Subdivision (c) of section 33.13 of the mental hygiene law is 43 amended by adding a new paragraph 18 to read as follows: 44 18. to the office of the correctional ombudsman. 45 § 23. Subdivision 1 of section 2782 of the public health law is 46 amended by adding a new paragraph (s) to read as follows: 47 (s) an employee or agent of the office of the correctional ombudsman 48 in order to carry out the office's functions, powers and duties with 49 respect to the protected individual, pursuant to article three-A of the 50 correction law. 51 § 24. Paragraph (a) of subdivision 2 of section 2786 of the public 52 health law, as added by chapter 584 of the laws of 1988, is amended to 53 read as follows: 54 (a) Each state agency authorized pursuant to this article to obtain 55 confidential HIV related information shall, in consultation with the 56 department of health, promulgate regulations: (1) to provide [safe-S. 3706 18 1quards] safeguards to prevent discrimination, abuse or other adverse 2 actions directed toward protected individuals; (2) to prohibit the 3 disclosure of such information except in accordance with this article; 4 (3) to seek to protect individuals in contact with the protected indi- 5 vidual when such contact creates a significant risk of contracting or 6 transmitting HIV infection through the exchange of body fluids[,]; and 7 (4) to establish criteria for determining when it is reasonably neces- 8 sary for a provider of a health or social service or the state agency or 9 a local government agency to have or to use confidential HIV related 10 information for supervision, monitoring, investigation, or adminis- 11 tration and for determining which employees and agents may, in the ordi- 12 nary course of business of the agency or provider, be authorized to 13 access confidential HIV related information pursuant to the provisions 14 of paragraphs (l) and (m) of subdivision one and subdivision six of 15 section twenty-seven hundred eighty-two of this article; and provided 16 further that such regulations shall be promulgated by the chairperson of 17 the commission of correction or the office of the correctional ombudsman 18 where disclosure is made pursuant to paragraphs (n) [and], (o), or (r) 19 of subdivision one of section twenty-seven hundred eighty-two of this 20 article. 21 § 25. Subdivision 8 of section 92 of the public officers law, as 22 amended by section 135 of subpart B of part C of chapter 62 of the laws 23 of 2011, is amended to read as follows: 24 (8) Public safety agency record. The term "public safety agency 25 record" means a record of the state commission of correction, the office 26 of the correctional ombudsman, the temporary state commission of inves- 27 tigation, the department of corrections and community supervision, the 28 office of children and family services, the office of victim services, 29 the office of probation and correctional alternatives or the division of 30 state police or of any agency or component thereof whose primary func- 31 tion is the enforcement of civil or criminal statutes if such record 32 pertains to investigation, law enforcement, confinement of persons in 33 correctional facilities or supervision of persons pursuant to criminal 34 conviction or court order, and any records maintained by the division of 35 criminal justice services pursuant to sections eight hundred thirty-sev- 36 en, eight hundred thirty-seven-a, eight hundred thirty-seven-b, eight 37 hundred thirty-seven-c, eight hundred thirty-eight, eight hundred thir- 38 ty-nine, and eight hundred forty-five of the executive law and by the 39 department of state pursuant to section ninety-nine of the executive 40 law. 41 § 26. Subdivision 1 of section 460-c of the social services law, as 42 amended by chapter 838 of the laws of 1987, is amended to read as 43 follows: 44 1. Excepting state institutions for the education and support of the 45 blind, the deaf and the dumb, facilities subject to the approval, visi- 46 tation and inspection of the state department of mental hygiene, the 47 office of the correctional ombudsman or the state commission of 48 correction, facilities operated by or under the supervision of the divi- 49 sion for youth and facilities subject to the supervision of the depart- 50 ment of health pursuant to article twenty-eight of the public health 51 law, the department shall inspect and maintain supervision over all 52 public and private facilities or agencies whether state, county, munici- 53 pal, incorporated or not incorporated which are in receipt of public 54 funds, which are of a charitable, eleemosynary, correctional or reforma- 55 tory character, including facilities or agencies exercising custody of 56 dependent, neglected, abused, maltreated, abandoned or delinquent chil-S. 3706 19 1 dren, agencies engaged in the placing-out or boarding-out of children as 2 defined in section three hundred seventy-one of this chapter, homes or 3 shelters for unmarried mothers, residential programs for victims of 4 domestic violence as defined in subdivision [five] four of section four 5 hundred fifty-nine-a of this chapter and adult care facilities. 6 § 27. This act shall take effect one year after it shall have become a 7 law.
