NY-COR Correction Law NY

Short title. This chapter shall be known as the "Correction Law."

Definitions. When used in this chapter, unless otherwise

expressly stated or the context or subject matter otherwise requires,

the following terms have the following meanings:

1. "Department" means the state department of corrections and

community supervision;

2. "Commissioner" means the state commissioner of corrections and

community supervision;

3. "Commission" means the state commission of correction;

4. (a) "Correctional facility". Any place operated by the department

and designated by the commissioner as a place for the confinement of

persons under sentence of imprisonment or persons committed for failure

to pay a fine. Except as provided in paragraph (b) of this subdivision,

whenever reference has been or hereafter will be made in any statute,

judgment, sentence, commitment, court order or otherwise to a state

prison, state reformatory, reception center, diagnostic center or other

institution or facility in the department, such reference shall be

deemed to mean "correctional facility".

(b) The term "correctional facility" shall not, however, be deemed to

mean or to include any place operated by the department for the care and

confinement of persons who have been found to be mentally defective or

mentally ill by a court and who are confined in such place pursuant to

an order of a court based upon such finding.

(c) Whenever the term "institution" is used in this chapter or

elsewhere in such context as to mean an institution in the department,

such term shall be deemed to include correctional facilities and any

other place operated by the department as a place for the confinement of

persons.

5. "Reception center". A correctional facility for reception,

classification and program-planning for purposes of confinement,

treatment and transfer.

6. "Residential treatment facility". A correctional facility

consisting of a community based residence in or near a community where

employment, educational and training opportunities are readily available

for persons who are on parole or conditional release and for persons who

are or who will soon be eligible for release on parole who intend to

reside in or near that community when released.

7. "Detention center". A correctional facility for the temporary

detention of persons taken into custody upon violation of parole or upon

violation of a condition of release, or of persons being transferred

from other correctional facilities, or of persons who are assigned to

other correctional facilities for confinement but whose presence is

required in court or for some other purpose at a location that is

distant from the institution of confinement.

8. "Correctional Camp". A correctional facility consisting of a camp

maintained for the purpose of including conservation work in the program

of incarcerated individuals.

9. "Diagnostic and treatment center". A correctional facility operated

for the purpose of providing intensive physical, mental and sociological

diagnostic and treatment services including pre-parole diagnostic

evaluation, where requested by the board of parole, and scientific study

of the social and mental aspects of the causes of crime.

10. "General confinement facility". A correctional facility for

confinement and treatment of persons under institutional programs

oriented to education, vocational training and industry.

11. "Work release facility". A facility designated by the commissioner

as an institution that may conduct a work release program.

12. "Superintendent". The chief administrative officer of a

correctional facility. Whenever the term "warden" appears in this

chapter in such context as to mean an officer of a state correctional

facility, such reference shall be deemed to mean "superintendent".

13. "Infant" or "minor" means a person who has not attained the age of

eighteen years.

* 14. "Community treatment facility." A residential chemical

dependence facility approved as provided in section 32.01 of the mental

hygiene law or pursuant to section 32.31 of such law used exclusively to

provide substance abuse treatment services to persons eligible pursuant

to section seventy-two-a of this chapter and who are otherwise eligible

for temporary release pursuant to subdivision two of section eight

hundred fifty-one of this chapter. These facilities shall be separate

and distinct so as not to replace existing substance abuse treatment

services.

* NB Expires September 1, 2027

15. "Shock incarceration correctional facility". A correctional

facility designated by the commissioner as an institution that may

conduct a shock incarceration program.

16. (a) "Local correctional facility." Any place operated by a county

or the city of New York as a place for the confinement of persons duly

committed to secure their attendance as witnesses in any criminal case,

charged with crime and committed for trial or examination, awaiting the

availability of a court, duly committed for any contempt or upon civil

process, convicted of any offense and sentenced to imprisonment therein

or awaiting transportation under sentence to imprisonment in a

correctional facility, or pursuant to any other applicable provisions of

law.

(b) Whenever the term "jail", "penitentiary" or "workhouse" is used in

this chapter, such term shall be deemed to mean local correctional

facility.

(c) Whenever the term "sheriff" is used in this chapter, such term

shall be deemed to include the warden, superintendent, or other person

in charge of a local correctional facility.

17. "Alcohol and substance abuse treatment facility." A correctional

facility designed to house medium security incarcerated individuals as

defined by department rules and regulations and operated for the purpose

of providing intensive alcohol and substance abuse treatment services.

Such services shall ensure comprehensive treatment for alcoholism and

substance abuse to incarcerated individuals who have been identified by

the commissioner or his or her designee as having had or presently

having a history of alcoholism or substance abuse. Such services shall

be provided in the facility in accordance with minimum standards

promulgated by the department after consultation with the office of

alcoholism and substance abuse services.

* 18. "Alcohol and substance abuse treatment correctional annex." A

medium security correctional facility consisting of one or more

residential dormitories, which provide intensive alcohol and substance

abuse treatment services to incarcerated individuals who: (i) are

otherwise eligible for temporary release, or (ii) stand convicted of a

felony defined in article two hundred twenty or two hundred twenty-one

of the penal law, and are within six months of being an eligible

incarcerated individual as that term is defined in subdivision two of

section eight hundred fifty-one of this chapter including such

incarcerated individuals who are participating in such program pursuant

to subdivision six of section 60.04 of the penal law. Notwithstanding

the foregoing provisions of this subdivision, any incarcerated

individual to be enrolled in this program pursuant to subdivision six of

section 60.04 of the penal law shall be governed by the same rules and

regulations promulgated by the department, including without limitation

those rules and regulations establishing requirements for completion and

those rules and regulations governing discipline and removal from the

program. No such period of court ordered corrections based drug abuse

treatment pursuant to this subdivision shall be required to extend

beyond the defendant's conditional release date. Such treatment services

may be provided by one or more outside service providers pursuant to

contractual agreements with the department, provided, however, that any

such provider shall be required to continue to provide, either directly

or through formal or informal agreement with other providers, alcohol

and substance abuse treatment services to incarcerated individuals who

have successfully participated in such provider's incarcerative

treatment services and who have been presumptively released, paroled,

conditionally released or released to post release supervision under the

supervision of the department and who are, as a condition of such

release, required to participate in alcohol or substance abuse

treatment. Such incarcerative services shall be provided in the facility

in accordance with minimum standards promulgated by the department after

consultation with the office of alcoholism and substance abuse services.

Such services to parolees shall be provided in accordance with standards

promulgated by the department after consultation with the office of

alcoholism and substance abuse services. Notwithstanding any other

provision of law, any person who has successfully completed no less than

six months of intensive alcohol and substance abuse treatment services

in one of the department's eight designated alcohol and substance abuse

treatment correctional annexes having a combined total capacity of two

thousand five hundred fifty beds may be transferred to a program

operated by or at a residential treatment facility, provided however,

that a person under a determinate sentence as a second felony drug

offender for a class B felony offense defined in article two hundred

twenty of the penal law, who was sentenced pursuant to section 70.70 of

such law, shall not be eligible to be transferred to a program operated

at a residential treatment facility until the time served under

imprisonment for his or her determinate sentence, including any jail

time credited pursuant to subdivision three of section 70.30 of the

penal law, shall be at least nine months. The commissioner shall report

annually to the temporary president of the senate and the speaker of the

assembly commencing January first, two thousand twelve the number of

incarcerated individuals received by the department during the reporting

period who are subject to a sentence which includes enrollment in

substance abuse treatment in accordance with subdivision six of section

60.04 of the penal law, the number of such incarcerated individuals who

are not placed in such treatment program and the reasons for such

occurrences.

* NB Effective until September 1, 2027

* 18. "Alcohol and substance abuse treatment correctional annex." A

medium security correctional facility consisting of one or more

residential dormitories which provide intensive alcohol and substance

abuse treatment services to incarcerated individuals who: (i) are

otherwise eligible for temporary release, or (ii) stand convicted of a

felony defined in article two hundred twenty or two hundred twenty-one

of the penal law, and are within six months of being an eligible

incarcerated individual as that term is defined in subdivision two of

section eight hundred fifty-one of this chapter including such

incarcerated individuals who are participating in such program pursuant

to subdivision six of section 60.04 of the penal law. Notwithstanding

the foregoing provisions of this subdivision, any incarcerated

individual to be enrolled in this program pursuant to subdivision six of

section 60.04 of the penal law shall be governed by the same rules and

regulations promulgated by the department, including without limitation

those rules and regulations establishing requirements for completion and

those rules and regulations governing discipline and removal from the

program. No such period of court ordered corrections based drug abuse

treatment pursuant to this subdivision shall be required to extend

beyond the defendant's conditional release date. Such treatment services

may be provided by one or more outside service providers pursuant to

contractual agreements with the department, provided, however, that any

such provider shall be required to continue to provide, either directly

or through formal or informal agreement with other providers, alcohol

and substance abuse treatment services to incarcerated individuals who

have successfully participated in such provider's incarcerative

treatment services and who have been presumptively released, paroled,

conditionally released or released to post release supervision under the

supervision of the department and who are, as a condition of such

release, required to participate in alcohol or substance abuse

treatment. Such incarcerative services shall be provided in the facility

in accordance with minimum standards promulgated by the department after

consultation with the office of alcoholism and substance abuse services.

Such services to parolees shall be provided in accordance with standards

promulgated by the department after consultation with the office of

alcoholism and substance abuse services. The commissioner shall report

annually to the majority leader of the senate and the speaker of the

assembly commencing January first, two thousand twelve the number of

incarcerated individuals received by the department during the reporting

period who are subject to a sentence which includes enrollment in

substance abuse treatment in accordance with subdivision six of section

60.04 of the penal law, the number of such incarcerated individuals who

are not placed in such treatment program and the reasons for such

occurrences.

* NB Effective September 1, 2027

19. "Vocational and skills training facility" means a correctional

facility designated by the commissioner to provide a vocational and

skills training program ("VAST") to incarcerated individuals who need

such service before they participate in a work release program. The VAST

facility shall provide intensive assessment, counseling, job search

assistance and where appropriate academic and vocational instruction to

program participants. Such assistance may include an assessment of any

incarcerated individual's education attainment level and skills

aptitudes; career counseling and exploration; the development of a

comprehensive instructional plan including identification of educational

and training needs that may extend beyond the date of entry into work

release; instructional programs including GED preparation or

post-secondary instruction as appropriate; occupational skills training;

life skills training; employment readiness including workplace behavior;

and job search assistance. The department and the department of labor

shall jointly develop activities providing career counseling, job search

assistance, and job placement services for participants. Nothing

contained in this section shall be deemed to modify the eligibility

requirements provided by law applicable to incarcerated individuals

participating in a work release program.

20. "Drug treatment campus" means a facility operated by the

department to provide a program of intensive drug treatment services for

individuals sentenced to parole supervision sentences pursuant to

section 410.91 of the criminal procedure law or for certain parole

violators. All such treatment services shall be provided by, or with the

approval of and pursuant to a plan developed in conjunction with, the

office of alcoholism and substance abuse services, and which plan shall

include but not be limited to provision for an appropriate continuum of

care that includes a needs assessment and treatment services for

individuals while at this facility and upon discharge from such

facility, including an enhanced aftercare program. Notwithstanding the

foregoing, in the event that a person sentenced to parole supervision

pursuant to section 410.91 of the criminal procedure law requires a

degree of medical care or mental health care that cannot be provided at

a drug treatment campus, the department, in writing, shall notify the

person, provide a proposal describing a proposed

alternative-to-the-drug-treatment-campus program, and notify him or her

that he or she may object in writing to placement in such

alternative-to-the-drug-treatment-campus program. If the person objects

in writing to placement in such alternative-to-the-drug-treatment-campus

program, the department shall notify the sentencing court, provide such

proposal to the court, and arrange for the person's prompt appearance

before the court. The court shall provide the proposal and notice of a

court appearance to the prosecutor, the person and the appropriate

defense attorney. After considering the proposal and any submissions by

the parties, and after a reasonable opportunity for the prosecutor, the

person and counsel to be heard, the court may modify its sentencing

order accordingly, notwithstanding the provisions of section 430.10 of

the criminal procedure law. A person who successfully completes an

alternative-to-the-drug-treatment-campus program within the department

shall be treated in the same manner as a person who has successfully

completed the drug treatment campus program, as set forth herein and in

section 410.91 of the criminal procedure law.

21. "Residential mental health treatment unit" means housing for

incarcerated individuals with serious mental illness that is operated

jointly by the department and the office of mental health and is

therapeutic in nature. Such units shall not be operated as disciplinary

housing units, and decisions about treatment and conditions of

confinement shall be made based upon a clinical assessment of the

therapeutic needs of the incarcerated individual and maintenance of

adequate safety and security on the unit. Such units shall include, but

not be limited to, the residential mental health unit model, the

behavioral health unit model, the intermediate care program and the

intensive intermediate care program. The models shall be defined in

regulations promulgated by the department in consultation with the

commissioner of mental health consistent with this subdivision and

section four hundred one of this chapter. Incarcerated individuals

placed in a residential mental health treatment unit shall be offered at

least four hours a day of structured out-of-cell therapeutic programming

and/or mental health treatment, except on weekends or holidays, in

addition to exercise, and may be provided with additional out-of-cell

activities as are consistent with their mental health needs; provided,

however, that the department may maintain no more than thirty-eight

behavioral health unit beds in which the number of hours of out-of-cell

structured therapeutic programming and/or mental health treatment

offered to incarcerated individuals on a daily basis, except on weekends

or holidays, may be limited to only two hours. Out-of-cell therapeutic

programming and/or mental health treatment need not be provided to an

incarcerated individual for a brief orientation period following his or

her arrival at a residential mental health treatment unit. The length of

such orientation period shall be determined by a mental health clinician

but in no event shall be longer than five business days.

22. "Mental health clinician" means a psychiatrist, psychologist,

social worker or nurse practitioner who is licensed by the department of

education and employed by the office of mental health.

23. "Segregated confinement" means the confinement of an incarcerated

individual in any form of cell confinement for more than seventeen hours

a day other than in a facility-wide emergency or for the purpose of

providing medical or mental health treatment. Cell confinement that is

implemented due to medical or mental health treatment shall be within a

clinical area in the correctional facility or in as close proximity to a

medical or mental health unit as possible.

24. "Joint case management committee" means a committee composed of

staff from the department and the office of mental health. Such a

committee shall be established at each level one and level two facility.

Each committee shall consist of at least two clinical staff of the

office of mental health and two officials of the department. The purpose

of such committee shall be to review, monitor and coordinate the

behavior and treatment plan of any incarcerated individual who is placed

in segregated confinement or a residential mental health treatment unit

and who is receiving services from the office of mental health.

25. "Joint central office review committee" means a committee

comprised of central office personnel from the department and the office

of mental health as designated by the respective commissioners.

26. "Treatment team" means a team consisting of an equal number of

individuals from the department and the office of mental health who are

assigned to a residential mental health treatment unit and who will

review and determine each incarcerated individual's appropriateness for

movement through the various program phases, when applicable. The

treatment team shall also review, monitor and coordinate the treatment

plans for all incarcerated individual participants.

27. "Level one facility" means a correctional facility at which staff

from the office of mental health are assigned on a full-time basis and

able to provide treatment to incarcerated individuals with a major

mental disorder. The array of available specialized services include:

residential crisis treatment, residential day treatment, medication

monitoring by psychiatric nursing staff, and potential commitment to the

central New York Psychiatric Center.

28. "Level two facility" means a correctional facility at which staff

from the office of mental health are assigned on a full-time basis and

able to provide treatment to incarcerated individuals with a major

mental disorder, but such disorder is not as acute as that of

incarcerated individuals who require placement at a level one facility.

29. "Level three facility" means a correctional facility at which

staff from the office of mental health are assigned on a part-time basis

and able to provide treatment and medication to incarcerated individuals

who either have a moderate mental disorder, or who are in remission from

a disorder, and who are determined by staff of the office of mental

health to be able to function adequately in the facility with such level

of staffing.

30. "Level four facility" means a correctional facility at which staff

from the office of mental health are assigned on a part-time basis and

able to provide treatment to incarcerated individuals who may require

limited intervention, excluding psychiatric medications.

31. "Community supervision" means the supervision of individuals

released into the community on temporary release, presumptive release,

parole, conditional release, post release supervision or medical parole.

32. "Correctional association" means the correctional association of

New York, duly incorporated by chapter six of the laws of eighteen

forty-six, and any of its employees, board members, and designees.

33. "Special populations" means any person: (a) twenty-one years of

age or younger; (b) fifty-five years of age or older; (c) with a

disability as defined in paragraph (a) of subdivision twenty-one of

section two hundred ninety-two of the executive law; or (d) who is

pregnant, in the first eight weeks of the post-partum recovery period

after giving birth, or caring for a child in a correctional institution

pursuant to subdivisions two or three of section six hundred eleven of

this chapter.

34. "Residential rehabilitation unit" means a separate housing unit

used for therapy, treatment, and rehabilitative programming of

incarcerated people who have been determined to require more than

fifteen days of segregated confinement pursuant to department

proceedings. Such units shall be therapeutic and trauma-informed, and

aim to address individual treatment and rehabilitation needs and

underlying causes of problematic behaviors.

Department of corrections and community supervision;

commissioner. 1. There shall be in the state government a department of

corrections and community supervision. The head of the department shall

be the commissioner of corrections and community supervision, who shall

be appointed by the governor, by and with the advice and consent of the

senate, and hold office at the pleasure of the governor by whom he was

appointed and until his successor is appointed and has qualified.

2. The commissioner of corrections and community supervision shall be

the chief executive officer of the department.

3. The principal office of the department of corrections and community

supervision shall be in the county of Albany.

4. The commissioner is hereby authorized and empowered to convert the

sentence of a person serving an indeterminate sentence of imprisonment,

except a person serving a sentence with a maximum term of life

imprisonment, to a determinate sentence of imprisonment equal to

two-thirds of the maximum or aggregate maximum term imposed where such

conversion is necessary to make such person eligible for transfer either

to federal custody or to foreign countries under treaties that provide

for the voluntary transfer of such persons on the execution of penal

sentences entered into by the government of the United States with

foreign countries.

5. The commissioner upon request, may in his or her discretion,

authorize the purchase and presentation of a flag of the state of New

York to the person designated to dispose of the remains of a deceased

correction officer or parole officer.

6. The commissioner shall have the discretion to enter into agreements

with the commissioner of mental health for the provision of security

services relating to article ten of the mental hygiene law.

Organization of department of corrections and community

supervision; officers and employees; delegation by commissioner. 1. The

commissioner of corrections and community supervision may, from time to

time, create, abolish, transfer and consolidate divisions, bureaus and

other units within the department not expressly established by law as he

or she may determine necessary for the efficient operation of the

department, subject to the approval of the director of the budget.

2. The commissioner of corrections and community supervision may

appoint such deputies, directors, assistants and other officers and

employees as may be needed for the performance of his or her duties and

may prescribe their powers and duties and fix their compensation within

the amounts appropriated therefor.

3. The commissioner may by order filed in the department of

corrections and community supervision delegate any of his or her powers

to or direct any of his or her duties to be performed by a deputy

commissioner or a head of a division or bureau of such department.

4. (a) The commissioner shall not appoint any person as a correction

officer or parole officer, unless such person has attained their

twenty-first birthday, except as provided in paragraph (b) of this

subdivision.

(b)(i) The commissioner may appoint a person as a correction officer

after such person has attained their eighteenth birthday but before such

person has attained their twenty-first birthday if such person has taken

the civil service examination to become a correction officer on or

before the sixtieth day following the day the commissioner first reports

a staffing capacity of ninety percent or more after the effective date

of this paragraph. This subparagraph shall not be construed to prevent

any person appointed pursuant to this paragraph from continuing to serve

as a correction officer after such date, subject to the restrictions in

subparagraph (ii) of this paragraph.

(ii) A person serving as a correction officer prior to their

twenty-first birthday shall not:

(1) obtain or use a firearm as a peace officer or as any part of their

employment duties;

(2) conduct outside transport of incarcerated individuals, perform

wall tower and arsenal duties, or any other role that requires a

firearm;

(3) perform contact roles with incarcerated individuals without

supervision in their first eighteen months of service as a correction

officer;

(4) provide outside hospital coverage; or

(5) supervise outside work crews or community crews.

(iii) The department shall provide enhanced training and mentorship

programs for correction officers under the age of twenty-one.

(iv) Nothing in this paragraph shall be construed to interfere with or

conflict with the collective bargaining agreement with respect to the

process of bidding on posts, provided that no correction officer may bid

on a post for which they are not eligible pursuant to subparagraph (ii)

of this paragraph.

(c) Within ninety days of the effective date of this paragraph and

quarterly thereafter until the commissioner reports a staffing capacity

of ninety percent or more, the commissioner shall review department

staffing levels and report the department's staffing capacity to the

governor, the temporary president of the senate, the speaker of the

assembly, the minority leader of the senate, and the minority leader of

the assembly and shall post such report on its website.

* § 8. Testing of certain applicants for employment. 1. Any applicant

for employment with the department as a correction officer at a facility

of the department, shall be tested in accordance with the requirements

of this section.

2. The department is hereby authorized to conduct, or to enter into

agreements necessary for conducting tests for psychological screening of

applicants covered by this section. Any such tests shall consist of at

least three independent psychological instruments and shall meet the

level of the art for psychological instruments to be used in a

validation study developed for selection of such applicants. Such

psychological instruments shall be used in testing and selection of

applicants for positions referred to in subdivision one of this section.

Persons who have been determined by a psychologist licensed under the

laws of this state as suffering from psychotic disorders, serious

character disorders, or other disorders which could hinder performance

on the job may be deemed ineligible for appointment; provided, however,

that other components of the employee selection process may be taken

into consideration in reaching the determination as to whether a

candidate is deemed eligible or ineligible for certification to a list

of eligible candidates. The department's testing program shall include a

component consisting of criteria related validity studies or other

validity studies acceptable under relevant federal law governing equal

employment.

3. The commissioner or his or her designee shall advise those

candidates who have been deemed ineligible for appointment through

psychological screening and shall notify such persons of their right to

appeal their disqualification. A person so deemed may apply to the

commissioner for a review of the findings within thirty days of the date

of notification. The commissioner shall refer the matter to an

independent advisory board to review any recommendation. A copy of the

advisory board's recommendations shall be promptly forwarded to the

parties and to the commissioner. If the advisory board's recommendation

is rejected by the commissioner, wholly or in part, the commissioner

shall state his or her reasons for such rejection in writing.

4. The advisory board shall consist of three members who shall be

selected by the president of the civil service commission. The

membership of the board shall consist of: A psychologist and a

psychiatrist, both of whom shall be licensed under the laws of this

state, and a third member who shall be a representative of the

department of civil service. The department of civil service shall

maintain a list of alternate board members comprised of psychologists

and psychiatrists, licensed under the laws of this state, and

representatives nominated by the president of the civil service

commission, who shall sit on the advisory board in the event a

designated member is unable to serve, provided, however, that at all

times the advisory board must be comprised of a psychiatrist, a

psychologist and a representative of the department of civil service.

Each of the members of the advisory board and their alternates so

selected shall serve at the pleasure of the president of the civil

service commission. Each of the members and alternates so selected shall

be reimbursed for services and actual costs at a per diem rate not to

exceed nine hundred dollars for the psychiatrist, seven hundred dollars

for the psychologist and six hundred dollars for the representative of

the civil service department; provided, however, that if any member of

or alternate to the advisory board is an employee of the state of New

York, then such representative shall only receive reimbursement for

actual costs incurred.

5. The commissioner or his or her designee shall advise the department

of civil service of those persons who have been determined under this

section as being eligible for appointment from any list of eligible

candidates.

6. Notwithstanding any other provision of law, the results of the

tests administered pursuant to this section shall be used solely for the

qualification of a candidate for correction officer and the validation

of the psychological instruments utilized. For all other purposes, the

results of the examination shall be confidential and the records sealed

by the department of corrections and community supervision, and not be

available to any other agency or person except by authorization of the

applicant or, upon written notice by order of a court of this state or

the United States.

7. Prior to March first of each year, the commissioner of the

department of corrections and community supervision will report to the

governor, president of the senate and speaker of the assembly on the

conduct of the psychological testing program and the results of such

program in improving the quality of correction officer candidates.

* NB Expires September 1, 2027

Access to information of incarcerated individuals via the

internet. Notwithstanding any provision of law to the contrary, any

information relating to the conviction of a person that is posted on a

website maintained by or for the department, under article six of the

public officers law, may be posted on such website for a period not to

exceed three years after the expiration of such person's sentence of

imprisonment and at the conclusion of any period of parole or

post-release supervision; provided further, however, that any such

website that allows the public to search for incarcerated individual

information shall be programmed in such a manner that the search may be

successful by input of the incarcerated individual's current name, any

former legal name or any other known alias of the incarcerated

individual. To the extent the department collects an individual's

current name, former legal name, or any known alias from government

records utilized by the department, the department shall ensure that

such information is input into any website created pursuant to this

section, provided, however, that nothing in this section shall be

construed to require the department to obtain and input into the

department's electronic record-keeping applications any individual's

otherwise uncollected former legal name or any alias.

Parole officers. 1. Employees in the department who perform the

duties of supervising incarcerated individuals released on community

supervision shall be parole officers.

2. No person shall be eligible for the position of parole officer who

is under twenty-one years of age or who does not possess a baccalaureate

degree conferred by a post-secondary institution accredited by an

accrediting agency recognized by the United States office of education,

or who is not fit physically, mentally and morally. Parole officer

selection shall be based on definite qualifications as to character,

ability and training with an emphasis on capacity and ability to provide

a balanced approach to influencing human behavior and to use judgment in

the enforcement of the rules and regulations of community supervision.

Parole officers shall be persons likely to exercise a strong and helpful

influence upon persons placed under their supervision while retaining

the goal of protecting society.

3. The commissioner, acting in cooperation with the civil service

commission, shall establish standards, preliminary requisites and

requisites to govern the selection and appointment of parole officers.

4. A parole or warrant officer, in performing or in attempting to

perform an arrest pursuant to and in conformance with the provisions of

article one hundred forty of the criminal procedure law, shall be deemed

to have performed such actions, relating to such arrest, in the course

of employment in the department for purposes of disability or death from

any injuries arising therefrom. The provisions of this subdivision shall

apply whether or not such parole or warrant officer was on duty for the

department at the time of performing such actions or performed such

actions outside of his or her regular or usual duties within the

department.

Identification card program. 1. For purposes of this section,

"identification card" shall have the same meaning as defined in section

four hundred ninety of the vehicle and traffic law.

2. The commissioner, in consultation with the commissioner of motor

vehicles, shall develop a program that would allow incarcerated

individuals without an identification card, or incarcerated individuals

who have not been issued a driver's license or learner's permit by the

commissioner of motor vehicles, or incarcerated individuals whose

driver's license or learner's permit is expired, suspended, revoked or

surrendered, or incarcerated individuals whose identification card is

expired, to obtain an identification card prior to the incarcerated

individual's release from an institution or correctional facility under

the jurisdiction of the department or upon the individual's release from

an institution or correctional facility under the jurisdiction of the

department at the option of the incarcerated individual.

3. The sentence and commitment or certificate of conviction of an

incarcerated individual shall be deemed sufficient to grant

authorization to the department of corrections and community supervision

to assist an incarcerated individual in an institution or correctional

facility under the jurisdiction of such department to apply for and

obtain an identification card from the department of motor vehicles.

4. (a) Prior to an incarcerated individual's release from an

institution or correctional facility under the jurisdiction of the

department, the department shall notify the incarcerated individual,

verbally and in writing, of such identification card program. The

department shall also document that they offered to assist the

incarcerated individual in obtaining an identification card and if such

incarcerated individual declined. The department shall make diligent

efforts to ensure that an incarcerated individual is provided with an

identification card, if requested, prior to or upon the release of such

individual from an institution or correctional facility under the

jurisdiction of the department.

(b) If an identification card is obtained with the assistance of the

department for an incarcerated individual prior to such individual's

release from the department's custody, the identification card shall be

kept in the incarcerated individual's records until such individual is

released from an institution or correctional facility under the

jurisdiction of the department; upon such individual's release, the

identification card shall be provided to the individual.

5. The department shall collect data on the number of incarcerated

individuals participating in the identification card program and issue a

report on such data to the governor, the temporary president of the

senate and the speaker of the assembly annually until December

thirty-first, two thousand twenty-six.

Education. The present director of vocational education shall

be the director of education with the powers and duties of the director

of education and hereafter shall be appointed by the commissioner. The

director of education, at any time appointed, shall be a person whose

education, training and experience shall cover fields of penology and of

professional education. The educational qualifications shall include the

satisfactory completion of three years of graduate work in education,

penology, and allied fields. The head of the division of education shall

have the direct supervision of all educational work in the department of

corrections and community supervision and shall have full authority to

visit and inspect all institutions of the department to observe, study,

organize, and develop the educational activities of such institutions in

harmony with the general educational program of the department. He or

she shall be responsible to the commissioner and deputy commissioner

designated by the commissioner.

Acceptance of grants or gifts. The commissioner, with the

approval of the governor, may accept as agent of the state any grant,

including federal grants, or any gift for any of the purposes of this

article. Any moneys so received may be expended by the department to

develop and promote programs for the study and treatment of crime and

delinquency, education and training of incarcerated individuals, staff

improvement, research and evaluation, improvement of facilities, or any

other lawful purpose, subject to the same limitations as to approval of

expenditures and audit as are prescribed for state moneys appropriated

for the purpose of this article.

Expense of autopsy; state charge. 1. The reasonable expense of

any inquiry, autopsy, examination or report prepared thereon conducted

by a coroner, coroner's physician or medical examiner as required by law

with respect to any death occurring to an incarcerated individual of an

institution operated by the department shall, to the extent not

otherwise reimbursed by the state, be a state charge. Reimbursement of

such expense shall be made on vouchers submitted annually and certified

by the chief fiscal officer of the county or city as the case may be on

the audit and warrant of the comptroller.

2. The department shall acquire a preliminary or final death

certificate for such incarcerated individual from a coroner, coroner's

physician or medical examiner and forward such original death

certificate to the next of kin.

Notice to emergency contacts. Within twenty-four hours of the

attempted suicide or hospitalization of an incarcerated individual or

any other individual occurring in the custody of the department, the

department shall notify the emergency contacts of such incarcerated

individual or other such individual.

Superintendents of correctional facilities. 1. Each correctional

facility shall have a superintendent who shall be appointed by the

commissioner. Each such superintendent shall be in the

non-competitive-confidential class but shall be appointed from employees

of the department who have at least three years of experience in

correctional work in the department and (i) who have a permanent civil

service appointment of salary grade twenty-seven or higher or who have a

salary equivalent to a salary grade of twenty-seven or higher for

correctional facilities with an incarcerated individual population

capacity of four hundred or more incarcerated individuals, or (ii) who

have a permanent civil service appointment of salary grade twenty-three

or higher or who have a salary equivalent to a salary grade of

twenty-three or higher for correctional facilities with an incarcerated

individual population capacity of fewer than four hundred incarcerated

individuals; provided that for correctional facilities of either

capacity, the employee shall be appointed superintendent at the hiring

rate set forth in section nineteen of this article or such other rate as

may be appropriate, subject to the approval of the director of the

budget; provided that in no event shall the salary upon appointment

exceed the job rate. Such superintendents shall serve at the pleasure of

the commissioner and shall have such other qualifications as may be

prescribed by the commissioner, based on differences in duties, levels

of responsibility, size and character of the correctional facility,

knowledge, skills and abilities required, and other factors affecting

the position.

2. Subject to the rules and statutory powers of the commissioner, or

rules approved by him or her, the superintendent of a correctional

facility shall have the supervision and management thereof.

3. Subject to the direction of the commissioner, and of the deputy and

assistant commissioners in their respective fields of supervision, the

superintendent of a correctional facility shall direct the work and

define the duties of all officers and subordinates of the facility.

Salary and emoluments of superintendents. 1. This section shall

apply to each superintendent of a correctional facility appointed on or

after August ninth, nineteen hundred seventy-five and any superintendent

heretofore appointed who elects to be covered by the provisions thereof

by filing such election with the commissioner.

a. The salary schedule for superintendents of a correctional facility

with an incarcerated individual population capacity of four hundred or

more incarcerated individuals shall be as follows:

Effective April first, two thousand twenty-six:

Hiring Rate Job Rate

$154,918 $211,411

Effective April first, two thousand twenty-seven:

Hiring Rate Job Rate

$161,115 $219,867

Effective April first, two thousand twenty-eight:

Hiring Rate Job Rate

$166,754 $227,562

Effective April first, two thousand twenty-nine:

Hiring Rate Job Rate

$171,757 $234,389

Effective April first, two thousand thirty:

Hiring Rate Job Rate

$176,910 $241,421

b. The salary schedule for superintendents of correctional facilities

with an incarcerated individual population capacity of fewer than four

hundred incarcerated individuals shall be as follows:

Effective April first, two thousand twenty-six:

Hiring Rate Job Rate

$120,471 $152,240

Effective April first, two thousand twenty-seven:

Hiring Rate Job Rate

$125,290 $158,330

Effective April first, two thousand twenty-eight:

Hiring Rate Job Rate

$129,675 $163,872

Effective April first, two thousand twenty-nine:

Hiring Rate Job Rate

$133,565 $168,788

Effective April first, two thousand thirty:

Hiring Rate Job Rate

$137,572 $173,852

2. Employees to whom the provisions of this section apply whose basic

annual salary is less than the job rate herein specified may receive

periodic performance advancement payments based on periodic evaluations

of work performance in accordance with rules and regulations promulgated

by the director of the budget; provided, however, that in no event may

such a payment result in a basic annual salary in excess of the job rate

of such grade. Such payments shall be part of the employee's basic

annual salary. Payments pursuant to this subdivision shall commence no

earlier than July first, nineteen hundred seventy-nine.

3. Employees to whom the provisions of this section apply whose basic

annual salary at the time of the performance award evaluation equals or

exceeds the job rate of the salary schedule of their positions may

receive performance award payments in accordance with rules and

regulations promulgated by the director of the budget. Such payments

shall be lump sum payments and shall be in addition to and shall not be

part of the employee's basic annual salary; provided, however, that any

amounts payable pursuant to this subdivision shall be included as

compensation for retirement purposes.

4. The salary herein provided shall be in lieu of all other

compensation or emolument, benefit of entitlement of office of the

office of superintendent except as may be necessarily incidental to the

discharge of the duties of such office or provided by law.

Library. A library shall be provided in the department

containing the leading books on parole, probation and other correctional

activities, together with reports and other documents on correlated

topics of criminology and social work.

Acquisition of real property by purchase and acquisition. 1. The

commissioner, when an appropriation therefor has been made by the

legislature, may acquire any real property which he may deem necessary

for the purposes of the department by purchase or pursuant to the

eminent domain procedure law. Title to any such real property shall be

taken in the name of and be vested in the people of the state of New

York; provided, however, that no real property shall be so acquired by

purchase unless the title thereto shall be approved by the attorney

general.

2. Whenever title to real property is to be acquired pursuant to the

eminent domain procedure law the commissioner shall cause to be made by

the state department of transportation an accurate acquisition map as so

provided in said law.

3. On the approval of such map by the commissioner, the original

tracing of such map shall, pursuant to the eminent domain procedure law,

be filed in the main office of the department.

4. If the commissioner shall determine, prior to the filing of such

map in the office of the clerk or register of the county, that changes,

alterations or modifications of such map as filed in the main office of

the department should be made, he or she shall, subject to the

provisions of article two of the eminent domain procedure law, if

applicable, direct the preparation by the department of transportation

of an amended map. On the approval of such amended map by the

commissioner, it shall be filed in the main office of the department and

the amended map shall thereupon in all respects and for all purposes

supersede the map previously filed.

5. If the commissioner shall determine, prior to the filing of a copy

of such acquisition map in the office of the county clerk or register as

provided in section four hundred two of the eminent domain procedure

law, that such map should be withdrawn, he or she may file a certificate

of withdrawal in the offices of the department and of the department of

law. Upon the filing of such certificate of withdrawal, the map to which

it refers shall be cancelled and all rights thereunder shall cease and

determine.

6. The commissioner shall deliver to the attorney general a copy of

such acquisition map, whereupon it shall be the duty of the attorney

general to advise and certify to the commissioner the names of the

owners of the property, easements, interests or rights described in the

said acquisition map, including the owners of any right, title or

interest therein, pursuant to the requirements of section four hundred

three of the eminent domain procedure law.

7. If, at or after the vesting of title to such property in the people

of the state of New York, as provided for in the eminent domain

procedure law, the commissioner shall deem it necessary to cause the

removal of an owner or occupant from any real property so acquired, he

may cause such owner or occupant to be removed therefrom by proceeding

in accordance with section four hundred five of the eminent domain

procedure law. The proceeding shall be brought in the name of the

commissioner as agent of the state and the attorney general shall

represent the petitioner in the proceedings. No execution shall issue

for costs, if any, awarded against the state or the commissioner, but

they shall be part of the costs of the acquisition of the real property

and be paid in like manner. Proceedings may be brought separately

against one or more of the owners or occupants of any such property, or

one proceeding may be brought against all or several of the owners or

occupants of any or all such property within the territorial

jurisdiction of the same court, justice or judge; judgment shall be

given for immediate removal of persons defaulting in appearance or in

answering, or withdrawing their answers, if any, without awaiting the

trial or decision of issues raised by contestants, if any.

8. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law, the commissioner shall deliver

to the comptroller such agreement and a certificate stating the amount

due such owner or owners thereunder on account of such appropriation of

his or their property and the amounts so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of such real property, but not until there shall

have been filed with the comptroller a certificate of the attorney

general showing the person or persons claiming the amount so agreed upon

to be legally entitled thereto.

9. Application for reimbursement of incidental expenses as provided in

section seven hundred two of the eminent domain procedure law shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the obtaining of title to property under this section.

10. The commissioner, with the approval of the director of the budget,

shall establish and may from time to time amend rules and regulations

authorizing the payment of actual reasonable and necessary moving

expenses of occupants of property acquired pursuant to this section; of

actual direct losses of tangible personal property as a result of moving

or discontinuing a business or farm operation, but not exceeding an

amount equal to the reasonable expenses that would have been required to

relocate such property, as determined by the commissioner; and actual

reasonable expenses in searching for a replacement business or farm; or

in hardship cases for the advance payment of such expenses and losses.

For the purposes of making payment of such expenses and losses only the

term "business" means any lawful activity conducted primarily for

assisting in the purchase, sale, resale, manufacture, processing or

marketing of products, commodities, personal property or services by the

erection and maintenance of an outdoor advertising display or displays,

whether or not such display or displays are located on the premises on

which any of the above activities are conducted. Such rules and

regulations may further define the terms used in this subdivision. In

lieu of such actual reasonable and necessary moving expenses, any such

displaced owner or tenant of residential property may elect to accept a

moving expense allowance, plus a dislocation allowance, determined in

accordance with a schedule prepared by the commissioner and made a part

of such rules and regulations. In lieu of such actual, reasonable and

necessary moving expenses, any such displaced owner or tenant of

commercial property who relocates or discontinues his business or farm

operation may elect to accept a fixed relocation payment in an amount

equal to the average annual net earnings of the business or farm

operation, except that such payment shall be not less than two thousand

five hundred dollars nor more than ten thousand dollars. In the case of

a business, no such fixed relocation payment shall be made unless the

commissioner finds and determines that the business cannot be relocated

without a substantial loss of its existing patronage, and that the

business is not part of a commercial enterprise having at least one

other establishment, which is not being acquired by the state or the

United States, which is engaged in the same or similar business. In the

case of a business which is to be discontinued but for which the

findings and determinations set forth above cannot be made, the

commissioner may prepare an estimate of what the actual reasonable and

necessary moving expenses, exclusive of any storage charges, would be if

the business were to be relocated and enter into an agreed settlement

with the owner of such business for an amount not to exceed such

estimate in lieu of such actual reasonable and necessary moving

expenses. Application for payment under this subdivision shall be made

to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereunder, and the comptroller from moneys

appropriated for the acquisition of property under this section. As used

in this subdivision the term "commercial property" shall include

property owned by an individual, family, partnership, corporation,

association or a nonprofit organization and includes a farm operation.

As used in this subdivision the term "business" means any lawful

activity, except a farm operation, conducted primarily for the purchase,

sale, lease and rental of personal and real property, and for the

manufacture, processing, or marketing of products, commodities, or any

other personal property; for the sale of services to the public; or by a

non-profit organization.

11. Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired pursuant

to this section who are entitled thereto, as determined by him. The

commissioner, with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments. Such rules and regulations

may further define the terms used in this subdivision. In the case of

property acquired pursuant to this section which is improved by a

dwelling actually owned and occupied by the displaced owner for not less

than one hundred eighty days immediately prior to initiation of

negotiations for the acquisition of such property, such payment to such

owner shall not exceed fifteen thousand dollars. Such payment shall be

the amount, if any, which, when added to the acquisition payment equals

the average price, established by the commissioner on a class, group or

individual basis, required to obtain a comparable replacement dwelling

that is decent, safe and sanitary to accommodate the displaced owner,

reasonably accessible to public services and places of employment and

available on the private market, but in no event shall such payment

exceed the difference between acquisition payment and the actual

purchase price of the replacement dwelling. Such payment shall include

an amount which will compensate such displaced owner for any increased

interest costs which such person is required to pay for financing the

acquisition of any such comparable replacement dwelling. Such amount

shall be paid only if the dwelling acquired pursuant to this section was

encumbered by a bona fide mortgage which was a valid lien on such

dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Such

amount shall be equal to the excess in the aggregate interest and other

debt service costs of that amount of the principal of the mortgage on

the replacement dwelling which is equal to the unpaid balance of the

mortgage on the acquired dwelling, over the remainder term of the

mortgage on the acquired dwelling, reduced to discounted present value.

The discount rate shall be the prevailing interest rate paid on savings

deposits by commercial banks in the general area in which the

replacement dwelling is located. Any such mortgage interest differential

payment shall, notwithstanding the provisions of section twenty-six-b of

the general construction law, be in lieu of and in full satisfaction of

the requirements of such section. Such payment shall include reasonable

expenses incurred by such displaced owner for evidence of title,

recording fees and other closing costs incident to the purchase of the

replacement dwelling, but not including prepaid expenses. Such payment

shall be made only to a displaced owner who purchases and occupies a

replacement dwelling which is decent, safe and sanitary within one year

subsequent to the date on which he is required to move from the dwelling

acquired pursuant to this section or the date on which he receives from

the state final payment of all costs of the acquired dwelling, whichever

occurs later, except advance payment of such amount may be made in

hardship cases. In the case of property acquired pursuant to this

section from which an individual or family, not otherwise eligible to

receive a payment pursuant to the above provisions of this subdivision,

is displaced from any dwelling thereon which has been actually and

lawfully occupied by such individual or family for not less than ninety

days immediately prior to the initiation of negotiations for the

acquisition of such property, such payment to such individual or family

shall not exceed four thousand dollars. Such payment shall be the amount

which is necessary to enable such individual or family to lease or rent

for a period not to exceed four years, a decent, safe, and sanitary

dwelling of standards adequate to accommodate such individual or family

in areas not generally less desirable in regard to public utilities and

public and commercial facilities and reasonably accessible to his place

of employment, but shall not exceed four thousand dollars, or to make

the down payment, including reasonable expenses incurred by such

individual or family for evidence of title, recording fees, and other

closing costs incident to the purchase of the replacement dwelling, but

not including prepaid expenses, on the purchase of, a decent, safe and

sanitary dwelling of standards adequate to accommodate such individual

or family in areas not generally less desirable in regard to public

utilities and public and commercial facilities, but shall not exceed

four thousand dollars, except if such amount exceeds two thousand

dollars, such person must equally match any such amount in excess of two

thousand dollars, in making the down payment. Such payments may be made

in installments as determined by the commissioner. Application for

payment under this subdivision shall be made to the commissioner upon

forms prescribed by him and shall be accompanied by such information and

evidence as the commissioner may require. Upon approval of such

application, the commissioner shall deliver a copy thereof to the

comptroller, together with a certificate stating the amount due

thereunder, and the amount so fixed shall be paid out of the state

treasury after audit by the comptroller from moneys appropriated for the

acquisition of property under this section.

12. The owner of any real property so acquired may present to the

court of claims pursuant to section five hundred three of the eminent

domain procedure law a claim for the value of such property acquired and

for legal damages caused by such appropriation, as provided by law for

the filing of claims with the court of claims. Awards and judgments of

the court of claims shall be paid in the same manner as awards and

judgments of that court for the acquisition of lands generally and shall

be paid out of the state treasury after audit by the comptroller from

moneys appropriated for the acquisition of such real property.

13. If the commissioner shall determine subsequent to the acquisition

of a temporary easement in any real property that the purposes for which

such easement right was acquired have been accomplished and that the

exercise of such easement is no longer necessary, he shall make his

certificate that the exercise of such easement is no longer necessary

and that such easement right is therefore terminated, released and

extinguished. The commissioner shall cause such certificate to be filed

in the office of the department of state and upon such filing all rights

acquired by the state in such property shall cease and determine. The

commissioner shall cause a certified copy of such certificate as so

filed in the office of the department of state to be mailed to the owner

of the property affected, as certified by the attorney general, if the

place of residence of such owner is known or can be ascertained by a

reasonable effort and such commissioner shall cause a further certified

copy of such certificate to be filed in the office of the recording

officer of each county in which the property affected or any part

thereof is situated. On the filing of such certified copy of such

certificate with such recording officer, it shall be his duty to record

the same in his office in the books used for recording deeds and to

index the same against the name of the people of the state of New York

as grantor.

Institution officers not to be interested in institution

contracts. A commissioner of correction, superintendent or other officer

or employee, employed at any of the institutions in the department who:

1. Shall be directly or indirectly interested in any contract,

purchase or sale, for, by, or on account of such institution; or,

2. Accepts a present from a contractor or contractor's agent, directly

or indirectly, or employs the labor of an incarcerated individual or

another person employed in such institution on any work for the private

benefit of such commissioner, superintendent, officer or employee, is

guilty of a misdemeanor.

Qualification for employment as a correction officer. No

person, on or after the effective date of this section, may be appointed

to the position of a correction officer in any institution in the

department who has been convicted of a felony or of any offense in any

other jurisdiction which if committed in this state would constitute a

felony. The commissioner may in his discretion, bar the appointment of a

person, on or after the effective date of this section, to the position

of correction officer in any institution in the department, who has been

convicted of a misdemeanor or of any offense in any other jurisdiction

which if committed in this state would constitute a misdemeanor where he

has determined that the employment of such person is not in the best

interest of the department. Notwithstanding the foregoing provisions of

this section, no person shall be disqualified pursuant to this section

unless he shall have first been furnished a written statement of the

reasons for such disqualification and afforded an opportunity by the

commissioner, or his designee, to make an explanation and to submit

facts in opposition thereto.

Disclosure of video footage related to the death of

incarcerated individuals involving correction officers or peace officers

employed by the department. 1. Definition. As used in this section the

term "video footage" shall include, but not be limited to, recordings

from fixed or stationary cameras, body-worn cameras, handheld devices,

or any other recording equipment maintained or used by correctional

staff within an institution or correctional facility.

2. Duty to disclose. The department shall disclose to the attorney

general's office of special investigation any video footage that such

office deems to be related to the death of an incarcerated individual.

This shall include any case in which the attorney general's office of

special investigation determines the death involves a correction officer

or peace officer employed by the department.

3. Timeframe for disclosure. The commissioner or commissioner's

designee shall make reasonable good faith efforts to ascertain the

existence of and obtain any relevant video footage or audio recordings

that existed or that may be related to the death and shall disclose such

video footage or audio records within seventy-two hours of the

occurrence of the death. If the commissioner or commissioner's designee

learns of additional video footage or audio recordings which are related

to the death, the commissioner or commissioner's designee shall disclose

such recordings within twenty-four hours of such discovery and provide

the circumstances surrounding the discovery of such records to the

attorney general's office of special investigations.

4. Redactions and exceptions. No redactions shall be made to the video

footage before it is disclosed to the attorney general's office of

special investigation.

Transfer of incarcerated individuals from one correctional

facility to another; treatment in outside hospitals. 1. The commissioner

shall have the power to transfer incarcerated individuals from one

correctional facility to another. Whenever the transfer of incarcerated

individuals from one correctional facility to another shall be ordered

by the commissioner, the superintendent of the facility from which the

incarcerated individuals are transferred shall take immediate steps to

make the transfer. The transfer shall be in accordance with rules and

regulations promulgated by the department for the safe delivery of such

incarcerated individuals to the designated facility. Within twenty-four

hours of arriving at the facility to which an incarcerated individual is

transferred, he or she shall be allowed to make at least one personal

phone call, except when to do so would create an unacceptable risk to

the safety and security of incarcerated individuals or staff. If

security precautions prevent the incarcerated individual from making

such call, a staff member designated by the superintendent of the

facility shall make a call to a person of the incarcerated individual's

choice unless the incarcerated individual declines to have such a call

made.

2. The commissioner, in his or her discretion, may by written order

permit incarcerated individuals to receive medical diagnosis and

treatment in outside hospitals, upon the recommendation of the

superintendent or director that such outside treatment or diagnosis is

necessary by reason of inadequate facilities within the institution.

Such incarcerated individuals shall remain under the jurisdiction and in

the custody of the department while in said outside hospital and said

superintendent or director shall enforce proper measures in each case to

safely maintain such jurisdiction and custody.

3. The cost of transporting incarcerated individuals between

facilities and to outside hospitals shall be paid from funds

appropriated to the department for such purpose.

Civil actions against department personnel. 1. No civil action

shall be brought in any court of the state, except by the attorney

general on behalf of the state, against any officer or employee of the

department, which for purposes of this section shall include members of

the state board of parole, in his or her personal capacity, for damages

arising out of any act done or the failure to perform any act within the

scope of the employment and in the discharge of the duties by such

officer or employee.

2. Any claim for damages arising out of any act done or the failure to

perform any act within the scope of the employment and in the discharge

of the duties of any officer or employee of the department shall be

brought and maintained in the court of claims as a claim against the

state.

3. This section shall apply with respect to claims arising on or after

the effective date of this section.

Actions against persons rendering health care services at the

request of the department; defense and indemnification. The provisions

of section seventeen of the public officers law shall apply to any

person holding a license to practice a profession pursuant to article

one hundred thirty-one, one hundred thirty-one-B, one hundred

thirty-two, one hundred thirty-three, one hundred thirty-six, one

hundred thirty-seven, one hundred thirty-nine, one hundred forty-one,

one hundred forty-three, one hundred fifty-six or one hundred fifty-nine

of the education law, who is rendering or has rendered professional

services authorized under such license while acting at the request of

the department or a facility of the department in providing health care

and treatment or professional consultation to incarcerated individuals

of state correctional facilities, or to the infant children of

incarcerated individuals while such infants are cared for in facility

nurseries pursuant to section six hundred eleven of this chapter,

without regard to whether such health care and treatment or professional

consultation is provided within or without a correctional facility.

Mutual assistance by institutional and local fire fighting

facilities. In cooperation with the development and operation of plans

for mutual aid in cases of fire and other public emergencies, the warden

or superintendent of any state institution in the department, with the

approval of the commissioner, may authorize the fire department of the

institution to furnish aid to such territory surrounding the institution

as may be practical in cases of fire and such emergencies, having due

regard to the safety of the incarcerated individuals and property of the

institution and to engage in practice and training programs in

connection with the development and operation of such mutual aid plans.

Any lawfully organized fire-fighting forces or firefighters from such

surrounding territory may enter upon the grounds of the institution to

furnish aid in cases of fire and such emergencies.

Establishment of commissaries or canteens in correctional

institutions. The commissioner may authorize the head of any institution

in the department to establish a commissary or a canteen in such

institution for the use and benefit of incarcerated individuals. The

moneys received by the head of the institution as profits from the sales

of the commissary or canteen shall be deposited in a special fund to be

known as the commissary or canteen fund and such funds shall be used for

the general purposes of the institution subject to the provisions of

section fifty-three of the state finance law.

Department statistics. 1. The department shall continue to

collect, maintain, and analyze statistical and other information and

data with respect to persons subject to the jurisdiction of the

department, including but not limited to: (a) the number of such

persons: placed in the custody of the department, assigned to a specific

department program, accorded community supervision and declared

delinquent, recommitted to a state correctional institution upon

revocation of community supervision, or discharged upon maximum

expiration of sentence; (b) the criminal history of such persons; (c)

the social, educational, and vocational circumstances of any such

persons; (d) the institutional and community supervision programs and

the behavior of such persons; and, (e) the military background and

circumstances, if such person served in the United States armed forces.

Provided, however, in the event any statistical information on the

ethnic background of the incarcerated individual population of a

correctional facility or facilities is collected by the department, such

statistical information shall contain, but not be limited to, the

following ethnic categories: (i) Caucasian; (ii) Asian; (iii) American

Indian; (iv) Afro-American/Black; and (v) Spanish speaking/Hispanic

which category shall include, but not be limited to, the following

subcategories consisting of: (1) Puerto Ricans; (2) Cubans; (3)

Dominicans; and (4) other Hispanic nationalities.

2. The commissioner shall make rules as to the privacy of records,

statistics and other information collected, obtained and maintained by

the department, its institutions or the board of parole and information

obtained in an official capacity by officers, employees or members

thereof.

3. The commissioner shall have access to records and criminal

statistics collected by the division of criminal justice services and

the commissioner of criminal justice services shall have access to

records and criminal statistics collected by the department of

corrections and community supervision, as the commissioner of

corrections and community supervision and the commissioner of criminal

justice services shall mutually determine.

4. (a) The commissioner shall provide an annual report to the

legislature on the staffing of correction officers and correction

sergeants in state correctional facilities. Such report shall include,

but not be limited to the following factors: the number of security

posts on the current plot plan for each facility that have been closed

on a daily basis, by correctional facility security classification

(minimum, medium and maximum); the number of security positions

eliminated by correctional facility since two thousand compared to the

number of incarcerated individuals incarcerated in each such facility; a

breakdown by correctional facility security classification (minimum,

medium, and maximum) of the staff hours of overtime worked, by year

since two thousand and the annual aggregate costs related to this

overtime. In addition, such report shall be delineated by correctional

facility security classification, the annual number of security

positions eliminated, the number of closed posts and amount of staff

hours of overtime accrued as well as the overall overtime expenditures

that resulted. Such report shall be provided to the chairs of the senate

finance, assembly ways and means, senate crime and corrections and

assembly correction committees, and posted on the department's website,

annually by February first.

(b) Such report shall also include but not be limited to: the total

number of correctional facilities in operation which are maintained by

the department, the security level of each facility, the number of beds

at each facility as of December thirty-first of the prior year, as

classified by the department, and the number of empty beds, if any, by

such classification as of such date.

Definitions. As used in this article the following terms have

the following meanings:

1. "Commission" means the state commission of correction.

2. "Local correctional facility" means any jail, penitentiary, state,

county or municipal lockup, court detention pen, hospital prison ward or

specialized secure juvenile detention facility for older youth.

3. "Correctional facility" means any institution operated by the state

department of corrections and community supervision, any local

correctional facility, or any place used, pursuant to a contract with

the state or a municipality, for the detention of persons charged with

or convicted of a crime, or, for the purpose of this article only, a

secure facility operated by the office of children and family services.

4. "Municipal official" means (a) the sheriff or, where a local

correctional facility is under the jurisdiction of a county department,

the head of such department, and clerk of the board of supervisors, in

the case of a county jail; (b) the sheriff or other officer having

custody or administrative jurisdiction and the clerk of the board of

supervisors, in the case of a county penitentiary; (c) the clerk of the

board of supervisors in the case of a county lockup; (d) the mayor and

the city clerk, in the case of a city jail or lockup; (e) the supervisor

and town clerk, in the case of a town lockup; (f) the mayor and village

clerk, in the case of a village lockup; (g) the clerk of the board of

supervisors of the county wherein located and the officer having custody

or control, in the case of a court detention pen or a hospital prison

ward.

5. "Board" means the correction medical review board.

6. "Council" means the citizen's policy and complaint review council.

State commission of correction; organization. 1. (a) There shall

be within the executive department a state commission of correction. It

shall consist of five persons, to be appointed by the governor by and

with the consent of the senate.

(b) At a minimum, one member appointed shall be a person formerly

incarcerated in a correctional facility located in New York and one

member appointed shall have one or more of the following qualifications:

licensure as a healthcare professional authorized to practice in New

York state; licensure as an attorney authorized to practice in this

state who has a professional background in indigent criminal defense or

prisoner's rights litigation or experience as a legal policy

professional who has professional experience related to the rights of

incarcerated individuals; or professional experience in another field

deemed relevant to the promotion of an efficient, humane, and lawful

correctional system. Two of the members shall be part-time.

(c) The governor shall designate one of the appointed full-time

members as chairperson to serve as such at the pleasure of the governor.

The part-time members appointed to the commission shall receive a per

diem of five hundred dollars for work actually performed not to exceed

fifty thousand dollars in any one calendar year. The full-time members

shall devote full time to their duties and shall hold no other salaried

public position.

2. The members shall hold office for terms of five years. No member

shall serve for more than ten years. Any member of the commission may be

removed by the governor for cause after an opportunity to be heard in

such member's defense.

3. Any member chosen to fill a vacancy created other than by

expiration of term shall be appointed for the unexpired term of the

member whom such new member is to succeed. Vacancies caused by

expiration of term or otherwise shall be filled in the same manner as

original appointments.

Citizen's policy and complaint review council; organization;

functions, powers and duties. (a) 1. There shall be within the

commission a citizen's policy and complaint review council. It shall

consist of nine persons, six of whom shall be appointed by the governor,

by and with the advice and consent of the senate. One person so

appointed shall have served in the armed forces of the United States in

any foreign war, conflict or military occupation, who (i) was discharged

therefrom under other than dishonorable conditions, or (ii) has a

qualifying condition, as defined in section one of the veterans'

services law, and has received a discharge other than bad conduct or

dishonorable from such service, or (iii) is a discharged LGBT veteran,

as defined in section one of the veterans' services law, and has

received a discharge other than bad conduct or dishonorable from such

service, or shall be a duly licensed mental health professional who has

professional experience or training with regard to post-traumatic stress

syndrome. One person so appointed shall be an attorney admitted to

practice in this state. One person so appointed shall be a former

incarcerated individual of a correctional facility. One person so

appointed shall be a former correction officer. One person so appointed

shall be a former resident of a division for youth secure center or a

health care professional duly licensed to practice in this state. One

person so appointed shall be a former employee of the office of children

and family services who has directly supervised youth in a secure

residential center operated by such office. In addition, the part-time

commission members appointed shall serve on the council. Lastly, the

governor shall designate one of the full-time members other than the

chair of the commission as chair of the council to serve as such at the

pleasure of the governor.

2. The six appointed members of the council shall hold office for five

years. Any appointed member of the council may be removed by the

governor for cause after an opportunity to be heard in their defense.

3. Any member chosen to fill in a vacancy created other than by

expiration of term shall be appointed for the unexpired term of the

succeeded member. Vacancies caused by the expiration of term or

otherwise shall be filled in the same manner as original appointments.

4. The members of the council other than the commission members shall

receive no compensation for their services but each member other than

the commission members shall be entitled to receive actual and necessary

expenses incurred in the performance of council duties.

5. No appointed member of the council shall qualify or enter upon the

duties of office, or remain therein, while an officer or employee of the

department of corrections and community supervision or any correctional

facility or is in a position to exercise administrative supervision over

any correctional facility. The council shall have such staff as shall be

necessary to assist it in the performance of its duties within the

amount of the appropriation therefor as determined by the chair of the

commission.

6. Notwithstanding any provision of this section to the contrary, any

member of the council serving on the effective date of this paragraph

may continue to serve until such member resigns, is removed, or

otherwise vacates such office.

2. The nine appointed members of the council shall hold office for

five years; provided that of the seven members first appointed, two

shall be appointed for a term of one year, two shall be appointed for a

term of two years, one shall be appointed for a term of three years, one

shall be appointed for a term of four years and one shall be appointed

for a term of five years from January first next succeeding their

appointment. Any appointed member of the council may be removed by the

governor for cause after an opportunity to be heard in his defense.

3. Any member chosen to fill in a vacancy created other than by

expiration of term shall be appointed for the unexpired term of the

succeeded member. Vacancies caused by the expiration of term or

otherwise shall be filled in the same manner as original appointments.

4. The members of the council other than the chair shall receive no

compensation for their services but each member other than the chair

shall be entitled to receive actual and necessary expenses incurred in

the performance of council duties.

5. No appointed member of the council shall qualify or enter upon the

duties of office, or remain therein, while an officer or employee of the

department of corrections and community supervision or any correctional

facility or is in a position to exercise administrative supervision over

any correctional facility. The council shall have such staff as shall be

necessary to assist it in the performance of its duties within the

amount of the appropriation therefor as determined by the chair of the

commission.

(b) The council and each member thereof shall have the following

functions, powers and duties:

1. To investigate, review or take such other action as shall be deemed

necessary or proper with respect to complaints or grievances regarding

any local correctional facility or part thereof as shall be called to

its attention in writing.

2. To have access, at any and all times, to any local correctional

facility or part thereof and to all books, records, and data pertaining

to any local correctional facility which are deemed necessary for

carrying out the council's functions, powers and duties.

3. To obtain from administrators, officers or employees of any local

correctional facility any information deemed necessary for the purpose

of carrying out its functions, powers and duties.

4. To request and receive temporary office space in any local

correctional facility for the purpose of carrying out its functions,

powers and duties.

5. To report periodically to the commission and, where appropriate, to

make such recommendations as are necessary to fulfill the purposes of

this article to the commission and to the administrator of any local

correctional facility.

(c) In addition to the functions, powers and duties prescribed by

subdivision (b) of this section, the council shall

1. Advise and assist the commission in developing policies, plans and

programs for improving the commission's performance of its duties and

for coordinating the efforts of the commission and of correctional

officials to improve conditions of care, treatment, safety, supervision,

rehabilitation, recreation, training and education in correctional

facilities. Such advice and assistance shall minimally consist of an

annual report of the council to the commission;

2. Foster and promote research and study in areas of correctional

policy and program development deemed necessary or desirable by the

commission or the council;

3. Meet at least once per calendar month at a time and place

designated by the chair of the council.

Correction medical review board; organization. 1. There shall

be within the commission a correction medical review board. It shall

consist of six persons to be appointed by the governor by and with the

advice and consent of the senate. In addition, the part-time commission

members shall serve on the board. Lastly, the governor shall designate

the full-time member other than the chair of the commission and the

chair of the council as chair of the board to serve as such at the

pleasure of the governor. Of the appointed members of the board one

shall be a physician duly licensed to practice in this state; one shall

be a physician duly licensed to practice in this state and a board

certified forensic pathologist; one shall be a physician duly licensed

to practice in this state and shall be a board certified forensic

psychiatrist; one shall be an attorney admitted to practice in this

state; two shall be members appointed at large.

2. The six appointed members of the board shall hold office for five

years; provided that of the two members first appointed, after December

thirty-first, nineteen hundred eighty-seven who are not appointed to

succeed any other member of the board, one shall be appointed for a term

of four years and one shall be appointed for a term of five years from

January first next succeeding their appointment. Any appointed member of

the board may be removed by the governor for cause after an opportunity

to be heard in his defense.

3. Any member chosen to fill a vacancy created other than by

expiration of term shall be appointed for the unexpired term of the

succeeded member. Vacancies caused by expiration of term or otherwise

shall be filled in the same manner as original appointments.

4. The members of the board, other than the commission members, shall

receive no compensation for their services but each member shall be

entitled to receive their actual and necessary expenses incurred in the

performance of their duties.

Chair of commission. 1. The chair shall be the executive officer

of the commission, the board and the council, and may serve as the chair

of the board or council at any time necessitated by a commission member

vacancy.

2. The chair may appoint such assistants, officers and employees,

committees and consultants for the board and the council as necessary,

prescribe their powers and duties, fix their compensation and provide

for reimbursement of their expenses within amounts appropriated

therefor.

3. The chair may, from time to time, create, abolish, transfer and

consolidate bureaus and other units within the commission, the board and

the council not expressly established by law as necessary for the

efficient operation of the commission, the board and the council,

subject to the approval of the director of the budget.

4. The chair may request and receive from any department, division,

board, bureau, commission or other agency of the state or any political

subdivision thereof or any public authority such assistance, information

and data as will enable the commission, the board and the council

properly to carry out its functions, powers and duties.

Functions, powers and duties of the commission. The commission

shall have the following functions, powers and duties:

1. Advise and assist the governor in developing policies, plans and

programs for improving the administration of correctional facilities and

the delivery of services therein.

2. Make recommendations to administrators of correctional facilities

for improving the administration of such correctional facilities and the

delivery of services therein.

3. Visit, inspect and appraise the management of correctional

facilities with specific attention to matters such as safety, security,

health of incarcerated individuals, sanitary conditions, rehabilitative

programs, disturbance and fire prevention and control preparedness, and

adherence to laws and regulations governing the rights of incarcerated

individuals. Such visits, inspections and appraisals shall occur, at a

minimum, annually for jails, specialized secure juvenile detention

facilities for older youth, facilities operated by the department, and

secure facilities operated by the office of children and family

services.

4. Establish procedures to assure effective investigation of

grievances of, and conditions affecting, incarcerated individuals of

local correctional facilities. Such procedures shall include but not be

limited to receipt of written complaints, interviews of persons, and

on-site monitoring of conditions. In addition, the commission shall

establish procedures for the speedy and impartial review of grievances

referred to it by the commissioner. The commission shall maintain a

website that allows for the submission of written complaints regarding

any correctional facility, and provides the commission's address for the

receipt of complaints by mail. The commission shall promulgate rules and

regulations requiring correctional facilities to provide incarcerated

individuals, in writing, the commission's website and mailing address.

5. Ascertain and recommend such system of employing incarcerated

individuals of correctional facilities as may, in the opinion of said

commission, be for the best interest of the public and of said

incarcerated individuals and not in conflict with the provisions of the

constitution or laws of the state relating to the employment of

incarcerated individuals.

6. Promulgate rules and regulations establishing minimum standards for

the review of the construction or improvement of correctional facilities

and the care, custody, correction, treatment, supervision, discipline,

and other correctional programs for all persons confined in correctional

facilities. Such rules and regulations shall be forwarded to the

governor, the temporary president of the senate and the speaker of the

assembly no later than January first, nineteen hundred seventy-six and

annually thereafter.

6-a. Promulgate rules and regulations to assure that persons in

custody in local correctional facilities, including persons awaiting

arraignment, are furnished or have access to the type of food required

by their religious dietary rules or medically prescribed diets, if any.

6-b. Promulgate rules and regulations, in consultation with the

division for youth, establishing minimum standards for the care,

custody, rehabilitation, treatment, supervision, discipline and other

programs for correctional facilities operated by the division for youth.

7. Place such members of its staff as it deems appropriate as monitors

in any local correctional facility which, in the judgment of the

commission, presents an imminent danger to the health, safety or

security of the incarcerated individuals or employees of such

correctional facility or of the public.

8. (a) Close any correctional facility which is unsafe, unsanitary or

inadequate to provide for the separation and classification of prisoners

required by law or which has not adhered to or complied with the rules

or regulations promulgated with respect to any such facility by the

commission pursuant to the provisions of subdivision six of this

section; provided, however, that before such facility may be closed due

to conditions which are unsafe, unsanitary or inadequate to provide for

the separation and classification of prisoners, the commission shall

cause a citation to be mailed to the appropriate municipal or other

official at least ten days before the return day thereof directing the

responsible authorities designated to appear before such commission at

the time and place set forth in the citation, and show cause why such

correctional facility should not be closed. After a hearing thereon or

upon the failure to appear, such commission is empowered to order such

facility designated in the citation closed within twenty days, during

which time the respondent authority may review such order in the manner

provided in article seventy-eight of the civil practice law and rules,

in the supreme court. Fifteen days after the order to close has been

served by a registered letter upon the appropriate official if no court

review has been taken, and fifteen days after the order of such

commission has been confirmed by the court, in case of court review,

such facility designated in the order shall be closed, and it shall be

unlawful to confine or detain any person therein and any officer

confining or detaining any person therein shall be guilty of a class A

misdemeanor.

(b) Before a correctional facility as defined in subdivision four of

section two of this chapter, may be closed for a reason other than those

set forth in paragraph (a) of this subdivision, the provisions of

section seventy-nine-a of this chapter shall be adhered to.

10. Approve or reject plans and specifications for the construction or

improvement of correctional facilities that directly affect the health

of incarcerated individuals and staff, safety, or security.

12. Make an annual report to the governor and legislature concerning

its work and the work of the board and the council during the preceding

year, and such further interim reports to the governor, or to the

governor and legislature, as it shall deem advisable, or as shall be

required by the governor.

13. Accept, with the approval of the governor, as agent of the state

any grant, including federal grants, or any gift for any of the purposes

of this article. Any moneys so received may be expended by the

commission to effectuate any purpose of this article, subject to the

same limitations as to approval of expenditures and audit as are

prescribed for state moneys appropriated for the purposes of this

article.

14. Enter into contracts with any person, firm, corporation,

municipality, or governmental agency.

15. Adopt, amend or rescind such rules and regulations as may be

necessary or convenient to the performance of the functions, powers and

duties of the commission.

16. Do all other things necessary or convenient to carry out its

functions, powers and duties expressly set forth in this article.

* 17. Make an annual report to the governor, the chair of the assembly

committee on correction and the chair of the senate committee on crime

victims, crime and correction concerning incarcerated individuals

confined in local correctional facilities pursuant to an agreement

authorized by section five hundred-o of this chapter. Such report shall

include but not be limited to the number of counties maintaining such

agreements and the number of incarcerated individuals confined pursuant

to such agreements.

* NB Repealed September 1, 2029

18. Assess compliance of local correctional facilities with the terms

of paragraphs (h), (i), (j), (k), (l), (m), (n) and (o) of subdivision

six of section one hundred thirty-seven of this chapter. The commission

shall issue a public report regarding all aspects of segregated

confinement and residential rehabilitation units at least annually with

recommendations to local correctional facilities, the governor, the

legislature, including but not limited to policies and practices

regarding: (a) placement of persons; (b) special populations; (c) length

of time spent in segregated confinement and residential treatment units;

(d) hearings and procedures; (e) conditions, programs, services, care,

and treatment; and (f) assessments, rehabilitation plans, and discharge

procedures.

19. Establish standards and guidelines for a program of medication

assisted treatment for incarcerated individuals in county jails and/or

county correctional facilities equivalent to the program established in

state correctional facilities pursuant to section six hundred twenty-six

of this chapter and submit an annual report consistent with the

requirements of subdivision three of such section.

Additional functions, powers and duties of the commission. 1.

The commission, any member or any employee designated by the commission

must be granted access at any and all times to any correctional facility

or part thereof and to all books, records, medical and substance use

disorder treatment and transition services records of incarcerated

individuals and data pertaining to any correctional facility deemed

necessary for carrying out the commission's functions, powers and

duties. The commission, any member or any employee designated by the

chair may require from the officers or employees of a correctional

facility any information deemed necessary for the purpose of carrying

out the commission's functions, powers and duties. Commission members

and employees may conduct private interviews of correctional facility

officers and employees, who may be accompanied by counsel or a union

representative acting on such officer or employee's behalf. Commission

members and employees may also conduct private interviews of

incarcerated individuals, provided that participation in such interviews

shall be voluntary and the incarcerated individual may be accompanied by

counsel.

2. In the exercise of its functions, powers and duties, the

commission, any member, and any attorney employed by the commission is

authorized to issue and enforce a subpoena and a subpoena duces tecum,

administer oaths and examine persons under oath, in accordance with and

pursuant to civil practice law and rules. A person examined under oath

pursuant to this subdivision shall have the right to be accompanied by

counsel who shall advise the person of their rights subject to

reasonable limitations to prevent obstruction of, or interference with,

the orderly conduct of the examination. Notwithstanding any other

provision of law, a subpoena may be issued and enforced pursuant to this

subdivision for the medical records of an incarcerated individual of a

correctional facility, regardless of whether such medical records were

made during the course of the incarcerated individual's incarceration.

3. In any case where a person in charge or control of a correctional

facility or an officer or employee thereof shall fail to comply with the

provisions of subdivision one, or in any case where a coroner, coroner's

physician or medical examiner shall fail to comply with the provisions

of subdivision six of section six hundred seventy-seven of the county

law, the commission may apply to the supreme court for an order directed

to such person requiring compliance therewith. Upon such application the

court may issue such order as may be just and a failure to comply with

the order of the court shall be a contempt of court and punishable as

such.

4. In any case where any rule or regulation promulgated by the

commission pursuant to subdivision six of section forty-five of this

article or the laws relating to the construction, management and affairs

of any correctional facility or the care, treatment and discipline of

its incarcerated individuals, are being or are about to be violated, the

commission shall notify the person in charge or control of the facility

of such violation, recommend remedial action, and direct such person to

comply with the rule, regulation or law, as the case may be. Upon the

failure of such person to comply with the rule, regulation or law the

commission may apply to the supreme court for an order directed to such

person requiring compliance with such rule, regulation or law. Upon such

application the court may issue such order as may be just and a failure

to comply with the order of the court shall be a contempt of court and

punishable as such.

Functions, powers and duties of the board. 1. The board shall

have the following functions, powers and duties:

(a) Investigate and review the cause and circumstances surrounding the

death of any incarcerated individual of a correctional facility.

(b) Visit and inspect any correctional facility wherein an

incarcerated individual has died.

(c) Cause the body of the deceased to undergo such examinations,

including an autopsy, as in the opinion of the board, are necessary to

determine the cause of death, irrespective of whether any such

examination or autopsy shall have previously been performed.

(d) Upon review of the cause of death and circumstances surrounding

the death of any incarcerated individual, the board shall submit its

report thereon to the commission and to the governor, the chair of the

assembly committee on correction and the chair of the senate committee

on crime victims, crime and correction and, where appropriate, make

recommendations to prevent the recurrence of such deaths to the

commission and the administrator of the appropriate correctional

facility. The report provided to the governor, the chair of the assembly

committee on correction and the chair of the senate committee on crime

victims, crime and correction shall not be redacted except as otherwise

required to protect confidential medical records and behavioral health

records in accordance with state and federal laws, rules, and

regulations.

(e) (i) Investigate and report to the commission on the condition of

systems for the delivery of medical care to incarcerated individuals of

correctional facilities and where appropriate recommend such changes as

it shall deem necessary and proper to improve the quality and

availability of such medical care. Such report and recommendation shall

minimally consist of an annual report of the board to the commission.

(ii) The board shall be responsive to inquiries from the next of kin

and other person designated as a representative of any incarcerated

individual whose death takes place during custody in a state

correctional facility regarding the circumstances surrounding the death

of such incarcerated individual. Contact information for the next of kin

and designated representative shall be provided by the department to the

board from the emergency contact information previously provided by the

incarcerated individual to the department.

2. Every administrator of a correctional facility shall immediately

report to the board the death of an incarcerated individual of any such

facility in such manner and form as the board shall prescribe, together

with an autopsy report.

Preference. Any action or proceeding commenced by the commission

pursuant to this article shall have a preference over all other cases,

except habeas corpus proceedings, pending before the court.

Commission on prison education. There is hereby established a

commission on prison education comprised of nine members who shall study

and develop a plan for improving education in the state prison system.

The commission on prison education shall consider and investigate the

following factors when determining education improvements: the impact on

an incarcerated individual's employment opportunities upon release from

prison, the impact on an incarcerated individual's reintegration into

society and the effectiveness in reducing recidivism. Appointments to

the task force shall be made as follows: three by the governor; two by

the speaker of the assembly; one by the minority leader of the assembly;

two by the temporary president of the senate and one by the minority

leader of the senate. The commission on prison education shall issue a

report within ten months after the effective date of this section.

Establishment, use and designation of correctional facilities.

1. (a) Except as provided in paragraphs (b) and (c) of this

subdivision, every institution operated by the department for the

confinement of persons under sentence of imprisonment, or for the

confinement of persons committed for failure to pay a fine, shall be a

correctional facility.

(b) An institution operated by the department for the care and

confinement of persons who have been found to be mentally defective or

mentally ill by a court and who are confined in such place pursuant to

an order of a court based upon such finding shall not be deemed to be a

correctional facility.

(c) An institution operated by the department as a drug treatment

campus, as defined in subdivision twenty of section two of this chapter

and used to provide intensive drug treatment services for parolees and

certain parole violators, shall not be deemed to be a correctional

facility.

2. Correctional facilities shall be used for the purpose of providing

places of confinement and programs of treatment for persons in the

custody of the department. Such use shall be suited, to the greatest

extent practicable, to the objective of assisting sentenced persons to

live as law abiding citizens. In furtherance of this objective the

department may establish and maintain any type of institution or program

of treatment, not inconsistent with other provisions of law, but with

due regard to:

(a) The safety and security of the community;

(b) The right of every person in the custody of the department to

receive humane treatment; and

(c) The health and safety of every person in the custody of the

department.

3. (a) The commissioner may continue to maintain, as a correctional

facility, any institution operated by the department prior to May

eighth, nineteen hundred seventy, and may add to or close any such

place, and may establish and maintain new correctional facilities, in

accordance with the needs of the department and provided expenditures

for such purposes are within amounts made available therefor by

appropriation; provided, however, that before the closure of any

correctional facility, for reasons other than those set forth in

paragraph (a) of subdivision eight of section forty-five of this

chapter, the provisions of section seventy-nine-a of this article shall

be adhered to.

(b) A correctional camp or a shock incarceration correctional facility

may be established by the department (i) upon land controlled and

designated by the commissioner, or (ii) on land controlled and

designated by the commissioner of parks, recreation and historic

preservation or, in the sixth park region, by the commissioner of

environmental conservation.

4. Two or more correctional facilities may be maintained or

established in the same building or on the same premises so long as the

incarcerated individuals of each are at all times kept separate and

apart from each other except that the incarcerated individuals of one

may be permitted to have contact with incarcerated individuals of the

other in order to perform duties, receive therapeutic treatment, attend

religious services and engage in like activities as specifically

provided in the rules and regulations of the department.

5. Each correctional facility must be designated in the rules and

regulations of the department and no correctional facility can be used

by the department for confinement of persons unless the rules and

regulations of the department specify at least the following:

(a) The name and location of the facility;

(b) Whether the facility is to be used for the confinement of males or

for the confinement of females;

(c) The age range of the persons who may be confined in the facility;

and

(d) The classification of the facility.

6. Correctional facilities shall be classified by the commissioner in

accordance with the following types of classifications:

(a) Each facility shall be classified with respect to the type of

security maintained as either a maximum, medium or minimum security

facility.

(b) Each facility shall be classified with respect to the function

served in accordance with one or more of the following categories: (i)

reception center; (ii) residential treatment facility; (iii) detention

center; (iv) correctional camp; (v) diagnostic and treatment center;

(vi) general confinement facility; (vii) work release facility; (viii)

shock incarceration correctional facility; (ix) alcohol and substance

abuse treatment facility; (x) alcohol and substance abuse treatment

correctional annex.

7. The commissioner shall have the authority to enter into leases

within the amount appropriated therefor, for the purpose of maintaining

or establishing any correctional facility or any adjunct thereto.

8. The commissioner is authorized to enter into contracts, within the

amount appropriated therefor, with any university, social agency or

qualified person to render professional services to any correctional

facility.

Persons received into the custody of the department.

1. * Persons committed to the custody of the department under an

indeterminate or determinate sentence of imprisonment shall be delivered

to correctional facilities designated as reception centers in the rules

and regulations of the department. The commissioner may designate any

correctional facility as a reception center subject, however, to the

following criteria:

* NB Effective until September 1, 2027

* Persons committed to the custody of the department under an

indeterminate or a reformatory sentence of imprisonment shall be

delivered to correctional facilities designated as reception centers in

the rules and regulations of the department. The commissioner may

designate any correctional facility as a reception center subject,

however, to the following criteria:

* NB Effective September 1, 2027

(a) Males and females shall not be received at the same correctional

facility;

(b) Males under the age of twenty-one at the time sentence is imposed

shall not be received at the same correctional facility as males who are

twenty-one or over at the time sentence is imposed.

1-a. The commissioner shall ensure that each general confinement

facility law library has information on international offender transfers

sufficient to inform those persons who are citizens of a treaty nation

of the existence of such treaties and of the means by which such persons

may initiate a request for return to the person's country of citizenship

for service of the sentence imposed. Such law libraries shall also

contain the most recent annual Amnesty International Report published by

Amnesty International describing the conditions of prisons in each

treaty nation and, to the extent practicable, other materials describing

such prison conditions published by the United Nations, United States

Department of State or human rights organizations. In addition, to the

extent practicable, such law libraries shall contain information either

listing each foreign country's provisions for the reduction of the terms

of confinement for penal sentences as well as the availability of

incarcerated individual programs or, shall contain a list of officials

in the United States Department of Justice or the embassy of the foreign

country to whom an incarcerated individual may write for information. To

the extent practicable, newly received incarcerated individuals who are

identified as foreign nationals of treaty nations shall, as part of the

reception process, be advised of the existence of such treaties and the

possibility of the initiation of a transfer request.

1-b. The commissioner shall promulgate rules and regulations setting

forth the procedures by which an incarcerated individual may apply to be

considered for transfer to a foreign nation. The commissioner, or his

designee, shall retain sole and absolute authority to approve or

disapprove an incarcerated individual's application for transfer.

Nothing herein shall be construed to confer upon an incarcerated

individual a right to be transferred to a foreign nation.

Notwithstanding any other law, rule or regulation to the contrary, no

incarcerated individual application for transfer shall be processed

unless the incarcerated individual has first indicated his willingness

and desire in writing, on a form prescribed by the commissioner, to be

considered for transfer to the foreign nation. Such form shall also

contain a copy of the incarcerated individual's most recent legal date

computation printout indicating the term or aggregate term of the

sentence originally imposed and the release dates resulting therefrom.

If a request for transfer is approved by the commissioner or his

designee, facility staff shall assist in the preparation and submission

of all materials and forms necessary to effectuate the person's request

for transfer to the United States Department of Justice for purposes of

finalization of the transfer process, including verification proceedings

before a United States District Court Judge, United States magistrate or

other appointed United States official to assure and document the

incarcerated individual's voluntary request for transfer.

1-c. For purposes of this section, the term "treaty nation" means a

foreign country under treaty that provides for the voluntary transfer of

persons on the execution of penal sentences entered into by the

government of the United States with foreign countries.

2. Persons returned to the custody of the department as parole or

conditional release violators shall be delivered to institutions

designated in the rules and regulations of the department.

3. Persons who are committed, transferred, certified to or placed in

the care or custody of the department as mental defectives shall be

delivered to a special institution maintained for the care, treatment,

training and custody of mental defectives in accordance with article

seventeen of this chapter.

4. Persons who are committed, transferred, certified to or placed in

the care or custody of the department while mentally ill shall be

delivered to a special institution maintained for the care, treatment

and custody of the mentally ill in accordance with article sixteen of

this chapter.

5. The commissioner of correction shall file copies of written orders

with the clerk of each court having jurisdiction to commit persons to

the custody of the department designating the institutions to which

persons committed by such court shall be delivered. Such orders may be

amended or superseded by the commissioner from time to time and any

change shall become effective immediately upon receipt by the clerk of

the court.

6. A commitment to a specified institution in the department, rather

than to the custody of the department, which is valid in all other

respects shall not be void for such reason but shall be deemed a

commitment to the custody of the department and the person so committed

shall be conveyed to the proper institution as prescribed by this

section.

7. Whenever the department receives information that a person

committed to the department is a social services recipient and a

certificate of conviction and the term of the sentence imposed has not

previously been delivered by the sentencing court to the local

commissioner of social services pursuant to section 380.80 of the

criminal procedure law, the department shall deliver the certificate of

conviction and provide notification of the sentence imposed to the

commissioner of social services. Such commissioner shall deliver the

certificate of conviction and the term of sentence imposed to the

appropriate local commissioner of social services.

7-a. Whenever the department receives information that a person

committed to the department is a medicare part B recipient, the

department shall provide to such person information regarding

termination of medicare part B coverage for the duration of

incarceration.

8. (a) In each year in which the federal decennial census is taken but

in which the United States bureau of the census does not implement a

policy of reporting incarcerated persons at each such person's

residential address prior to incarceration, the department of

corrections and community supervision shall by September first of that

same year deliver to the legislative task force on demographic research

and reapportionment the following information for each incarcerated

person subject to the jurisdiction of the department and located in this

state on the date for which the decennial census reports population:

(i) A unique identifier, not including the name, for each such person;

(ii) The street address of the correctional facility in which such

person was incarcerated at the time of such report;

(iii) The residential address of such person prior to incarceration

(if any); and

(iv) Any additional information as the task force may specify pursuant

to law.

(b) The department shall provide the information specified in

paragraph (a) of this subdivision in such form as the legislative task

force on demographic research and reapportionment shall specify.

Transitional accountability plan. Upon admission of an

incarcerated individual committed to the custody of the department under

an indeterminate or determinate sentence of imprisonment, the department

shall develop a transitional accountability plan. Such plan shall be a

comprehensive, dynamic and individualized case management plan based on

the programming and treatment needs of the incarcerated individual. The

purpose of such plan shall be to promote the rehabilitation of the

incarcerated individual and their successful and productive reentry and

reintegration into society upon release. To that end, such plan shall be

used to prioritize programming and treatment services for the

incarcerated individual during incarceration and any period of community

supervision. The commissioner may consult with the office of mental

health, the office of alcoholism and substance abuse services, the board

of parole, the department of health, and other appropriate agencies in

the development of transitional case management plans.

Confinement of persons by the department. 1. Except as otherwise

provided in this section, all persons committed, transferred, certified

to or placed in the care or custody of the department shall be confined

in institutions maintained by the department until paroled,

conditionally released, transferred to the care of another agency or

released or discharged in accordance with the law.

2. The commissioner, or the superintendent or director of an

institution in which an incarcerated individual is confined, may permit

an incarcerated individual to be taken, under guard, to any place or for

any purpose authorized by law, and the commissioner must provide for

delivery of an incarcerated individual, under guard, to any place where

his presence is required pursuant to an order of a court that has

authority to require his presence.

2-a. The commissioner, superintendent, or director of an institution

in which an incarcerated individual is confined, may permit an

incarcerated individual, wishing to do so, to leave the institution

under guard for the purpose of performing volunteer labor or services

when in the public interest upon the threat or occurrence of a natural

disaster, including but not limited to flood, earthquake, hurricane,

landslide or fire. An incarcerated individual may also be permitted to

leave the institution under guard to voluntarily perform work for a

nonprofit organization pursuant to this subdivision. As used in this

subdivision, the term "nonprofit organization" means an organization

operated exclusively for religious, charitable, or educational purposes,

no part of the net earnings of which inures to the benefit of any

private shareholder or individual.

2-b. The commissioner, or his designee as authorized by the

commissioner, may permit an incarcerated individual to be taken under

guard to any place to participate in an industrial training program.

3. The superintendent or director of an institution may permit

incarcerated individuals to leave the institution for the purpose of

performing maintenance work or farm work, or any other work necessary or

appropriate for the upkeep, operations or business of the institution or

the department.

4. Any incarcerated individual who is confined in a correctional

facility and who is eligible for parole or who will become eligible for

parole within two years or who has one year or less remaining to be

served under his or her sentence may be transferred by the commissioner

to a correctional camp and may be permitted, by the superintendent, to

leave the camp to engage in conservation or forestry work or for any

purpose permitted under subdivisions two, two-a, two-b and three of this

section.

* 5. An incarcerated individual may be permitted to leave the

institution to participate in a temporary release program in accordance

with the provisions of article twenty-six of this chapter.

* NB Effective until September 1, 2027

* 5. An incarcerated individual of a work release facility may be

permitted to leave the facility to participate in a work release program

in accordance with the provisions of article twenty-six of this chapter.

* NB Effective September 1, 2027

6. An incarcerated individual of a residential treatment facility may

be permitted to leave such facility in accordance with the provisions of

section seventy-three of this article.

7. An incarcerated individual of a shock incarceration correctional

facility may be permitted to leave the facility to participate in

programs in accordance with the provisions of article twenty-six-A of

this chapter.

8. In any case where the decision to permit an incarcerated individual

to leave an institution is made by a person other than the commissioner

or a deputy commissioner of correction such action and the manner in

which it is carried out shall be in strict accordance with the rules and

regulations of the department. Such rules and regulations may restrict

or limit the authority of the superintendent or director in any manner

deemed advisable by the commissioner.

9. The provisions of this section shall not be construed in such

manner as to be in conflict with any provision of law that specifically

provides for circumstances under which incarcerated individuals may be

permitted to leave institutions.

* § 72-a. Community treatment facilities. 1. Transfer of eligible

incarcerated individual. Notwithstanding the provisions of section

seventy-two of this chapter, any incarcerated individual confined in a

correctional facility who is an "eligible incarcerated individual" as

defined by subdivision two of section eight hundred fifty-one of this

chapter and has been certified by the office of alcoholism and substance

abuse services as being in need of substance abuse treatment and

rehabilitation may be transferred by the commissioner to a community

treatment facility.

2. Designation of facilities. A community treatment facility shall be

designated by the commissioner of the office of alcoholism and substance

abuse services and the commissioner. Such facility shall be operated by

a provider or sponsoring agency that has provided approved residential

substance abuse treatment services for at least two years duration.

3. Operating standards. The commissioner, after consultation with the

commissioner of the office of alcoholism and substance abuse services,

shall promulgate rules and regulations which provide for minimum

standards of operation, including but not limited to the following:

(a) provision for adequate security and protection of the surrounding

community;

(b) adequate physical plant standards;

(c) provisions for adequate program services, staffing, and record

keeping; and

(d) provision for the general welfare of the incarcerated individuals.

4. Community supervision. The department shall provide for the

provision of community supervision services. All incarcerated

individuals residing in a community treatment facility shall be assigned

to parole officers for supervision. Such parole officers shall be

responsible for providing such supervision.

5. Reports. The department and the division of substance abuse

services shall jointly issue quarterly reports including a description

of those facilities that have been designated as community treatment

facilities, the number of incarcerated individuals confined in each

facility, a description of the programs within each facility, and the

number of absconders, if any, as well as the nature and number of

re-arrests, if any, during the individual's period of community

supervision. Copies of such reports, as well as copies of any inspection

report issued by the department or the commission of correction shall be

sent to the director of the budget, the chairman of the senate finance

committee, the chairman of the senate crime and correction committee,

the chairman of the assembly ways and means committee and the chairman

of the assembly committee on codes.

6. Reimbursement. (a) The commissioner, in consultation with the

commissioner of the office of alcoholism and substance abuse services,

shall enter into an agreement with the office of alcoholism and

substance abuse services whereby the office of alcoholism and substance

abuse services will contract with community treatment facilities for

provision of services pursuant to this section within amounts made

available by the department. Each contract shall provide for frequent

visitation, inspection of the facility, and enforcement of the minimum

standards and shall authorize the supervision of incarcerated

individuals residing in a community treatment facility by parole

officers.

(b) The commissioner shall promulgate rules and regulations specifying

those costs related to the general operation of community treatment

facilities that shall be eligible for reimbursement. Such eligible costs

shall not include debt service, whether principal or interest, or costs

for which state or federal aid or reimbursement is otherwise available.

Such rules and regulations shall be subject to the approval of the

director of the budget.

(c) The department shall not contract for provision of services to

more than fifty incarcerated individuals at any one facility.

(d) At least thirty days prior to final approval of any such contract,

a copy of the proposed contract shall be sent to the director of the

budget, the chairman of the senate finance committee, the chairman of

the senate crime and correction committee, the chairman of the assembly

ways and means committee, and the chairman of the assembly committee on

codes.

* NB Expires September 1, 2027

Discharge of incarcerated individuals to adult care

facilities. 1. An incarcerated individual about to be discharged to an

adult home, enriched housing program or residence for adults, as defined

in section two of the social services law, shall be referred only to

such home, program or residence that is consistent with that person's

needs and that operates pursuant to section four hundred sixty of the

social services law. No incarcerated individual shall be directly

referred to any facility that is required to be certified as an adult

care facility under the provisions of article seven of the social

services law, unless it has been determined that such facility has a

valid operating certificate.

2. No incarcerated individual about to be paroled, conditionally

released, transferred, released or discharged shall be referred to any

adult home, enriched housing program or residence for adults, as defined

in section two of the social services law, where the department of

corrections and community supervision has received written notice that

the facility has been placed on the "do not refer list" pursuant to

subdivision fifteen of section four hundred sixty-d of the social

services law.

Placement of individuals with children. 1. In determining

placement for a person in custody of the department, whenever

practicable the commissioner shall place such person in the correctional

institution or facility which is located in closest proximity to the

primary place of residence of such person's minor child or children as

defined in subdivision thirty-one of section two of the social services

law, provided that such placement is suitable and appropriate, would

facilitate increased contact between such person and his or her child or

children, is in the best interest of such child or children, and the

incarcerated parent gives his or her consent to such placement.

2. To make a determination about whether such placement is in the best

interest of such child or children, procedures and criteria for

assessing such placement shall be developed by the department in

consultation with the office of children and family services. If such

person has more than one child, the department shall make a separate

determination for each individual child.

3. The department shall submit an annual report regarding the

implementation of this section to the temporary president of the senate,

the speaker of the assembly, the minority leader of the senate and

minority leader of the assembly as well as to the chairs of the senate

committee on crime victims, crime and correction and the assembly

standing committee on correction. The report shall include, but not be

limited to, the number of incarcerated persons who are parents of minor

children, the aggregate number of incarcerated parents by county of

commitment, the number of incarcerated parents who are placed in a

correctional facility in closest proximity to their children pursuant to

this section, the location of such facilities, the number of

incarcerated parents for whom proximal placement was not provided, a

general explanation of the reasons that such placement was not provided

which shall not include any identifying information, and the amount of

incarcerated parents who declined such placement pursuant to this

section.

Residential treatment facilities. 1. The commissioner may

transfer any incarcerated individual of a correctional facility who is

eligible for community supervision or who will become eligible for

community supervision within six months after the date of transfer or

who has one year or less remaining to be served under his or her

sentence to a residential treatment facility and such person may be

allowed to go outside the facility during reasonable and necessary hours

to engage in any activity reasonably related to his or her

rehabilitation and in accordance with the program established for him or

her. While outside the facility he or she shall be at all times in the

custody of the department and under its supervision.

2. The department shall be responsible for securing appropriate

education, on-the-job training and employment for incarcerated

individuals transferred to residential treatment facilities. The

department also shall supervise such incarcerated individuals during

their participation in activities outside any such facility and at all

times while they are outside any such facility.

3. Programs directed toward the rehabilitation and total reintegration

into the community of persons transferred to a residential treatment

facility shall be established. Each incarcerated individual shall be

assigned a specific program by the superintendent of the facility and a

written memorandum of such program shall be delivered to him or her.

4. If at any time the superintendent of a residential treatment

facility is of the opinion that any aspect of the program assigned to an

individual is inconsistent with the welfare or safety of the community

or of the facility or its incarcerated individuals, the superintendent

may suspend such program or any part thereof and restrict the

incarcerated individual's activities in any manner that is necessary and

appropriate. Upon taking such action the superintendent shall promptly

notify the commissioner and pending decision by the commissioner, the

superintendent may keep such incarcerated individual under such security

as may be necessary.

5. The commissioner may at any time and for any reason transfer an

incarcerated individual from a residential treatment facility to another

correctional facility.

6. Where a person who is an incarcerated individual of a residential

treatment facility absconds, or fails to return thereto as specified in

the program approved for him or her, he or she may be arrested and

returned by an officer or employee of the department or by any peace

officer, acting pursuant to his or her special duties, or police officer

without a warrant; or a member of the board of parole or an officer

designated by such board may issue a warrant for the retaking of such

person. A warrant issued pursuant to this subdivision shall have the

same force and effect, and shall be executed in the same manner, as a

warrant issued for violation of community supervision.

7. The provisions of this chapter relating to good behavior allowances

and conditional release shall apply to behavior of incarcerated

individuals while assigned to a residential treatment facility for

behavior on the premises and outside the premises of such facility and

good behavior allowances may be granted, withheld, forfeited or

cancelled in whole or in part for behavior outside the premises of the

facility to the same extent and in the same manner as is provided for

incarcerated individuals within the premises of any facility.

8. The state board of parole may grant parole to any incarcerated

individual of a residential treatment facility at any time after he or

she becomes eligible therefor. Such parole shall be in accordance with

provisions of law that would apply if the person were still confined in

the facility from which he or she was transferred, except that any

personal appearance before the board may be at any place designated by

the board.

9. The earnings of any incarcerated individual of a residential

treatment facility shall be dealt with in accordance with the procedure

set forth in section eight hundred sixty of this chapter.

10. The commissioner is authorized to use any residential treatment

facility as a residence for persons who are on community supervision.

Persons who reside in such a facility shall be subject to conditions of

community supervision imposed by the board.

Discharge on holidays, Saturdays and Sundays. Where the date of

release on parole or conditional release, or where the date of discharge

from the care or custody of the department, falls on Saturday or Sunday,

it shall be deemed to fall on the preceding Friday. Where the date of

such release or discharge falls on a legal holiday it shall be deemed to

fall on the preceding day, except that when such legal holiday falls on

a Monday the date of release shall be deemed to fall on the preceding

Friday. Notwithstanding the foregoing, or any other provision of the law

to the contrary, the commissioner, in his or her discretion, may advance

the release date of an incarcerated individual, who is scheduled to be

released on a Friday, to a Thursday in any case where the incarcerated

individual will serve a period of community supervision upon release and

the commissioner determines that public safety will be enhanced by a

next day reporting requirement.

Notice of voting rights. Prior to the release from a

correctional facility of any person the department shall notify such

person verbally and in writing, that his or her voting rights will be

restored upon release and provide such person with a form of application

for voter registration and a declination form, offer such person

assistance in filling out the appropriate form, and provide such person

written information distributed by the board of elections on the

importance and the mechanics of voting. Upon release, such person may

choose to either submit his or her completed application to the state

board or county board where such person resides or have the department

transmit it on his or her behalf. Where such person chooses to have the

department transmit the application, the department shall transmit the

completed application upon such person's release to the state board or

county board where such person resides.

Notice of transitional services for incarcerated individuals

released from correctional facilities. 1. (a) Prior to the release of an

incarcerated individual from a correctional facility, the department

shall provide such incarcerated individual with information on

transitional services available in the county or city where such

incarcerated individual is scheduled to be released. Such information

shall include programs designed to promote the successful and productive

reentry and reintegration of an incarcerated individual into society

including medical and mental health services, HIV/AIDS services,

educational, vocational and employment services, alcohol or substance

abuse treatment and housing services. The department shall maintain a

current list of transitional services which shall be updated regularly

in order to effectuate the purposes of this section. Where appropriate,

the department shall provide assistance to an incarcerated individual in

contacting a program or service provider prior to such incarcerated

individual's release to the community.

(b) Upon discharge of an incarcerated individual from a correctional

facility, the department shall provide such incarcerated individual with

educational information about the prevention of human immunodeficiency

virus (HIV) infection, instructions about how to obtain free HIV testing

upon release, including contact information for HIV counseling and

testing service providers located in the county or city in which such

incarcerated individual intends to reside upon release, and referrals to

community-based HIV prevention, education and counseling resources

located in the county or city in which such incarcerated individual

intends to reside upon release.

2. The commissioner shall consult with, and be entitled to receive the

assistance of, the commissioners of education, labor, health, mental

health and the office of temporary and disability assistance in the

implementation of this section.

Discharge plans. The department, in consultation with the office

of children and family services, shall provide discharge plans for

juvenile offenders and adolescent offenders who are released to parole

or post-release supervision, which are tailored to address their

individual needs. Such plans shall include services designed to promote

public safety and the successful and productive reentry of such

adolescents into society.

Leasing of state institutions to cities or counties for the

confinement of prisoners. 1. The commissioner is hereby authorized and

empowered to lease to any city or county, upon such terms and conditions

as he may deem appropriate, all or any part of any state correctional

institution or facility under his jurisdiction, to be used as an adjunct

to a jail, penitentiary or correctional institution of such city or

county, for the confinement of persons sentenced to such jail,

penitentiary, or correctional institution. Such lease may provide for

the commissioner to have the superintendence, management and control of

the state correctional institution or facility, or part thereof, which

is the subject of such lease. Such lease shall provide for such city or

county to pay to the state the actual per capita daily cost, as

certified to the appropriate local official by the commissioner, for the

care of such persons for each day of confinement, but, in any case, the

reimbursement rate shall not exceed five dollars per day per capita.

* 2. The commissioner is hereby authorized and empowered to lease to a

city having a population of one million or more, on such terms and

conditions as he may deem appropriate, all or any part of the state

correctional facility under the department's jurisdiction at Ossining in

Westchester county, to be used as an adjunct to any correctional

institution of such city used for the detention of persons charged with

commission of a crime and committed to detention pending disposition of

such charge, for the detention of such persons. Such lease may provide

for the commissioner to have the superintendence, management and control

of the state correctional facility or part thereof which is the subject

of such lease. This subdivision shall not limit the authority of the

commissioner of general services provided in chapter seven hundred

twenty-five of the laws of nineteen hundred seventy, to convey certain

lands described in such chapter to the county of Westchester.

* NB Expired August 1, 1977

Closure of correctional facilities; notice. Before the closure

of any correctional facility,, for reasons other than those set forth in

paragraph (a) of subdivision eight of section forty-five of this

chapter, the commissioner shall take the following actions:

1. confer with the department of civil service, the governor's office

of employee relations and any other appropriate state agencies to

develop strategies which attempt to minimize the impact of the closure

on the state work force;

2. consult with the department of economic development and any other

appropriate state agencies to develop strategies which attempt to

minimize the impact of such closures on the local and regional

economies; and

3. provide notice by certified mail to (i) all local governments of

any political subdivision in which the correctional facility is located,

(ii) all employee labor organizations operating within, or representing

employees of, the correctional facility, and (iii) managerial and

confidential employees employed within the correctional facility at

least twelve months prior to any such closure.

Adaptive reuse plan for consideration prior to prison closure.

Not later than six months prior to the effective date of closure of a

correctional facility, the commissioner of economic development shall,

in consultation with the commissioner, the commissioners of civil

service, general services and the division of criminal justice services,

the director of the governor's office of employee relations, officials

of all local governments of any political subdivision in which the

correctional facility is located and any other appropriate state

agencies or authorities, provide a report for an adaptive reuse plan for

any facility slated for closure which will evaluate the community impact

of the proposed closure including but not limited to the following

factors: the potential to utilize the property for another state

government purpose, including for a new purpose as part of the state

criminal justice system; potential for the sale or transfer of the

property to a local government or other governmental entity; potential

for the sale of the property to a private entity for development into a

business, residential or other purpose; community input for local

development; and the condition of the facility and the investments

required to keep the structure in good repair, or to make it viable for

reuse.

Purpose of alternate correctional facilities. The purpose of

this article is to provide an extraordinary method for relieving

existing emergency space pressures in New York city local correctional

facilities.

Definitions. As used in this article, the following terms shall

have the following meanings:

1. "Alternate correctional facility" shall mean a correctional

facility designed to house medium security incarcerated individuals as

defined by department rules and regulations, which is owned by the city

of New York, operated by the department pursuant to the rules and

regulations promulgated by the commissioner and in accordance with the

operation agreement as defined in subdivision five of this section, and

used for the confinement of eligible incarcerated individuals, as

defined by subdivision four of this section.

2. "Panel" shall mean the alternate correctional facility review panel

established pursuant to section eighty-nine-e of this article.

3. "Construction agreement" shall mean an agreement entered into

pursuant to section eighty-eight of this article by the commissioner and

the city of New York which governs the construction of two alternate

correctional facilities of approximately seven hundred beds each, one at

Ogdensburg and one at Cape Vincent, New York.

4. "Eligible incarcerated individuals" shall mean incarcerated

individuals of a New York city correctional facility who are at least

nineteen years of age, who are serving a definite, but not an

intermittent, sentence of imprisonment, and who do not have criminal

charges pending against them.

5. "Operation agreement" shall mean an agreement entered into pursuant

to section eighty-eight of this article by the commissioner and the city

of New York which governs the operation of one or both alternate

correctional facilities and addresses all related issues, including, but

not limited to, general staffing levels and nature of staffing

positions; composition of medical staff; availability of outside medical

services; procedures and criteria for selecting eligible incarcerated

individuals; availability and frequency of transportation of

incarcerated individuals and visitors of incarcerated individuals to

such facility; availability, content and frequency of programming for

incarcerated individuals; mechanisms to establish, monitor and review

operating and capital expenditures; and legal representation of both

incarcerated individuals and employees of such facilities.

Authorization for alternate correctional facilities. 1. As

hereinafter provided in this article, the department is authorized and

empowered to establish, operate and maintain under its jurisdiction no

more than two alternate correctional facilities.

2. In carrying out the purposes of this article, the department may

acquire land for and construct the alternate correctional facilities

authorized pursuant to this section.

3. Any acquisition of land for or construction of an alternate

correctional facility shall be governed by section twenty-one of this

chapter, section one hundred twenty-seven of the state finance law and

any other provisions of law applicable to the acquisition of land for

and construction of state correctional facilities. The department, if it

elects, shall be the lead agency for all purposes under article eight of

the environmental conservation law with respect to alternate

correctional facilities.

4. For each alternate correctional facility, the commissioner is

hereby authorized and empowered to enter into a construction agreement,

an operation agreement, and any other agreements or leases with the city

of New York which are deemed by the commissioner to be necessary or

convenient for the establishment, operation and maintenance of an

alternate correctional facility. An operation agreement shall govern the

operation of an alternate correctional facility for up to ten years

after the commencement of housing of eligible incarcerated individuals

at such facility. The commissioner shall not operate an alternate

correctional facility except pursuant to an executed operation

agreement.

5. All agreements entered into by the commissioner and the city of New

York pursuant to this section shall be approved by the director of the

budget and filed with the chairman of the senate finance committee, the

chairman of the assembly ways and means committee, the chairman of the

senate crime and corrections committee and the chairman of the assembly

committee on correction.

Authorization for the city of New York to acquire and utilize

alternate correctional facilities. As set forth in this article, the

city of New York, acting by and through its mayor, is authorized and

empowered:

1. To enter into a construction agreement as defined in this article

and pursuant to such agreement to advance payment for the construction

of and to acquire from the state two alternate correctional facilities,

one in Ogdensburg and one in Cape Vincent, and to finance such

construction and acquisition in the manner provided by law under which

the city of New York is authorized to finance property acquired or

constructed for public purposes regardless of the period of any

operation agreement relating to such facilities.

2. To enter into an operation agreement or agreements as defined in

this article and pursuant to any such agreements to utilize alternate

correctional facilities for the housing of certain incarcerated

individuals of New York city correctional facilities.

3. To pay to the state the costs, both capital and operating, which

may be required of the city of New York by the state in accordance with

a construction agreement or an operation agreement in the manner set

forth in any such agreement, including payment in advance of receipt of

services.

4. To sell, subject to the provisions of section eighty-nine-k of this

article, facilities which were originally acquired from the state as

alternate correctional facilities. Upon sale for cash by the city of New

York of any facility originally acquired pursuant to a construction

agreement as defined in this article, an amount equal to the principal

amount of any bonds then outstanding used to finance such acquisition

shall be utilized by the city of New York for its general capital

purposes.

5. To make provision for indemnification in any construction or

operation agreement to conform with the requirements set forth in

section eighty-nine-l of this article.

6. From time to time, to authorize, issue and sell obligations,

pursuant to the local finance law, to pay the costs of acquiring

property, of constructing alternate correctional facilities, of

constructing, reconstructing or otherwise providing other public

improvements and appurtenances, including in each case architectural and

engineering fees, and of purchasing original furnishings, equipment,

machinery and apparatus therefor pursuant to this section. The

acquisition of such property, the construction of such correctional

facilities, the construction, reconstruction or other provision of other

public improvements and appurtenances and the purchase of such original

furnishings, equipment, machinery and apparatus are hereby declared city

purposes.

Establishment of alternate correctional facilities. An alternate

correctional facility shall be deemed to have been established when the

commissioner has filed with the secretary of state a designation of such

facility which sets forth, at a minimum, the name and location of the

facility, a copy of the department's rules and regulations for the

operation of that facility, and a copy of all applicable agreements,

including a construction agreement and an operation agreement.

1. Management of alternate correctional facilities.

Superintendence, management and control of alternate correctional

facilities and the eligible incarcerated individuals housed therein

shall be as directed by the commissioner consistent with the following:

an alternate correctional facility shall be operated pursuant to rules

and regulations promulgated for such facilities by the commissioner in

consultation with the state commission of correction and the provisions

of the operation agreement. The commissioner shall operate such facility

insofar as practicable in the same manner as a general confinement

facility which houses medium security state incarcerated individuals.

Nothing herein, however, shall preclude the commissioner from enhancing

staffing or programming to accommodate the particular needs of eligible

incarcerated individuals pursuant to the operation agreement. No

incarcerated individual shall be housed in any alternate correctional

facility until such facility has been established in accordance with the

provisions of section eighty-nine of this article. The population in an

alternate correctional facility shall not exceed its design capacity of

approximately seven hundred eligible incarcerated individuals except

pursuant to variances permitted by law, rule or regulation or court

order.

2. Notwithstanding any other provisions of law, no variance

authorizing an alternate correctional facility to exceed its design

capacity shall be granted after March fifteenth, nineteen hundred

ninety-two unless the mayor of the city of New York submits, together

with the variance request, a certificate of emergency demonstrating the

need for such variance and that reasonable alternatives to the granting

of the variance do not exist, and containing a detailed summary of

measures that will be taken to restore compliance with such design

capacity. The chairman of the state commission of correction shall

transmit, in a timely manner, notice of such request to the chairmen of

the senate crime and correction committee and the assembly correction

committee.

Good behavior time allowances against definite sentences

served in alternate correctional facilities. Notwithstanding any other

provision of law, the commissioner shall be authorized to grant,

withhold, cause to be forfeited, or cancel time allowances as provided

in and in compliance with section eight hundred four of the correction

law.

Use of alternate correctional facilities. 1. Alternate

correctional facilities shall serve only to supplement local

correctional facilities within the city of New York. In considering

whether to assign an eligible incarcerated individual to an alternate

correctional facility or to transfer such incarcerated individual from

such facility, preference shall be given to available space suitable for

housing sentenced incarcerated individuals at local correctional

facilities within the city of New York.

2. Consistent with the provisions of this article and subject to the

applicable rules and regulations for operation of alternate correctional

facilities and the provisions of the operation agreement, assignment of

incarcerated individuals to alternate correctional facilities shall be

made jointly by the commissioner and the commissioner of the New York

city department of correction. In making such assignments, consideration

shall be given to incarcerated individuals who have a greater period of

time remaining to be served on their sentences, taking into account any

applicable jail time and good behavior time. No incarcerated individual

who is eligible for educational services pursuant to subdivision seven

of section three thousand two hundred two of the education law and who

chooses to avail himself or herself of such services shall be assigned

to an alternate correctional facility.

3. Incarcerated individuals assigned to alternate correctional

facilities shall be returned to a local correctional facility within the

city of New York at any such time as the commissioner determines:

(a) that the assignment was not in accordance with this article, or

(b) that the confinement of an incarcerated individual in an alternate

correctional facility is no longer suitable because it potentially

endangers the safety, security or order of the facility.

4. Any incarcerated individual who is eligible for educational

services pursuant to subdivision seven of section three thousand two

hundred two of the education law shall also be returned to a New York

city local correctional facility if he or she chooses to avail himself

or herself of such services.

5. Incarcerated individuals assigned to alternate correctional

facilities shall be returned to a New York city correctional facility

within the city of New York no later than seven days prior to their

scheduled release or discharge from incarceration.

6. Notwithstanding any other provisions of law, no incarcerated

individuals from jurisdictions other than the city of New York shall be

housed at any time in an alternate correctional facility.

Transportation. The state of New York shall have no

responsibility, financial or otherwise, for transporting incarcerated

individuals between a New York city local correctional facility and an

alternate correctional facility, regardless of the reason for such

transfer. The city of New York shall be responsible for all such costs,

as well as the actual transportation and supervision of incarcerated

individuals during transport.

Alternate correctional facility review panel. 1. The alternate

correctional facility review panel is hereby established and shall

consist of the commissioner, the chairman of the state commission of

correction, the chairman of the board of parole, the director of the

office of probation and correctional alternatives, the commissioner of

correction of the city of New York, the president of the New York State

Sheriffs' Association Institute, Inc., and the president of the

Correctional Association of New York or their designees. The governor

shall appoint a chairman and vice-chairman from among the members.

2. The panel shall be authorized to enter and inspect at any and all

times each alternate correctional facility or any part thereof and shall

have access to all books, records and data pertaining to any such

facility within the possession of the department relating to subdivision

three of this section.

3. The panel shall examine whether alternate correctional facilities

should continue to be utilized, whether all steps practicable have been

taken by the city of New York toward finding alternatives to housing

eligible incarcerated individuals in alternate correctional facilities,

including the construction of correctional facilities within the city of

New York and the development of alternatives to incarceration, and

whether there has been compliance with all applicable laws, rules and

regulations and the operation agreement.

4. The panel shall prepare an annual report which shall be filed with

the governor, the mayor of the city of New York, the chairman of the

senate crime and correction committee, and the chairman of the assembly

committee on correction no later than the first day of March of each

year.

Oversight. The state commission of correction shall exercise

the same powers and duties concerning each alternate correctional

facility as the commission is required to exercise concerning a New York

state correctional facility. The commission shall prepare an annual

report on each alternate correctional facility which shall evaluate and

assess the department's compliance with all rules and regulations

applicable to that facility and the operation agreement and which shall

include an analysis of the frequency and severity of all unusual

incidents and assaults occurring in that facility. The annual reports

shall be filed with the governor, the mayor of the city of New York, the

chairman of the senate crime and correction committee, and the chairman

of the assembly committee on correction no later than the first day of

June of each year.

Costs for establishing, operating and maintaining alternate

correctional facilities. 1. When the city of New York has entered into

the agreements as set forth in section eighty-eight of this article, it

shall be obligated, to pay, in accordance with such agreements and at

such times and in such amounts as may be determined by the commissioner

and approved by the director of the budget, all direct and indirect

costs associated with the acquisition, construction, establishment,

capital repairs and improvements, operation and maintenance of the

alternate correctional facility.

2. Upon completion of the acquisition, construction and establishment

of an alternate correctional facility, the commissioner shall make a

final determination of the cost of such project and shall certify such

cost to the comptroller and to the city of New York. Notwithstanding any

other provision of law to the contrary, upon receipt of such

certification of the commissioner, the comptroller shall forthwith

refund any amounts received from the city of New York in excess of the

costs so certified to the city of New York, including interest accrued

thereon.

3. On or before October fifteenth of each year, the comptroller shall

certify to the commissioner the actual operation and maintenance costs

of each alternate correctional facility for the preceding state fiscal

year and the amounts paid by the city of New York for such operation and

maintenance costs. To the extent that the amounts so paid by the city of

New York are less than the operation and maintenance costs for such

state fiscal year, the commissioner shall include the amount of such

underpayment in the next payment required to be received from the city

of New York, or if operation by the state has terminated, the

commissioner shall bill the city of New York for the amounts due and

such amounts shall be paid by the city within thirty days of receipt of

such a bill. To the extent that the amounts so paid by the city of New

York are more than the operation and maintenance costs for such state

fiscal year, the commissioner shall reduce the next scheduled payment to

be received from the city of New York by the amount of the overpayment

or if operation by the state has terminated, the commissioner shall

refund the overpayment within sixty days of the determination of

overpayment.

Alternate correctional facilities operating fund. 1. There is

hereby established in the joint custody of the state comptroller and the

commissioner of taxation and finance a special revenue fund to be known

as the alternate correctional facilities operating fund.

2. Such fund shall consist of all moneys received by the commissioner

pursuant to the operation agreement and all monies received pursuant to

section eighty-nine-l of this article. Any interest accruing on amounts

deposited in this fund shall be credited to this fund by the state

comptroller and shall reduce the amounts the city of New York would

otherwise be obligated to pay pursuant to this article. Upon

termination of the operation agreement, any balance in the fund less any

amount due from the city of New York hereunder shall be paid to the city

of New York within sixty days.

3. In the event that any amounts owed by the city of New York pursuant

to section eighty-nine-g of this article are not paid to the

commissioner within thirty days of the time such payment is due, the

commissioner shall certify the unpaid amount to the state comptroller

and the comptroller shall, to the extent not otherwise prohibited by law

and subject to any other provision of law providing for withholding of

payments to the city of New York which shall take precedence over this

subdivision, withhold any such unpaid amount from the next succeeding

payments of state aid or local assistance otherwise payable to the city

of New York. The amounts so withheld by the comptroller shall be

deposited by the comptroller to the fund established by this section.

4. All payments from this account shall be made on the audit of the

comptroller on vouchers certified or approved by the commissioner or an

employee of the department designated by the commissioner.

Local taxes. Alternate correctional facilities shall be exempt

from all local property taxes while fee title to such facilities is

vested in the city of New York.

Title to facilities. Upon payment by the city of New York of

the costs of acquisition and construction, the state of New York shall

transfer title in fee simple absolute to the city of New York without

additional consideration. Notwithstanding the foregoing, as long as an

operation agreement entered into pursuant to this article is in effect,

the department shall have sole and exclusive authority to operate,

manage and maintain such facility including but not limited to the

authority to authorize or make without obtaining approval from the city

of New York any capital repairs or improvements deemed necessary.

Termination of operation agreement. At the termination of the

operation agreement as to either or both alternate correctional

facilities, the department shall have an exclusive option to purchase,

from the city of New York, the facility or facilities for which the

operation agreement has terminated, at a fair market value price or

prices which shall be negotiated by the state office of general services

and the city of New York. The duration of the state's option to purchase

shall commence on the date notice is received from the city of New York

of its intent to terminate such agreement and shall continue for a

period of six months or until the next succeeding April first, whichever

is longer. Such option to purchase shall be deemed exercised upon

execution of an agreement to purchase. Notwithstanding any other

provision of law, these facilities shall not be operated as correctional

facilities except by the department.

Indemnification. The city of New York shall indemnify and hold

harmless the state of New York in any action or proceeding arising out

of the construction, maintenance or operation of an alternate

correctional facility which is constructed, maintained or operated in

accordance with the provisions of this article. The obligation to

indemnify and hold harmless imposed herein shall include reasonable

attorneys' fees, court costs, and costs of litigation including witness

fees, incurred by the state of New York in connection with the defense

of any such action or proceeding. Such obligation shall extend to any

expenses incurred by the state of New York pursuant to section seventeen

of the public officers law for the defense and indemnification of state

officers and employees in any action or proceeding arising out of the

construction, maintenance or operation of any such facility constructed,

maintained and operated in accordance with the provisions of this

article and the operating agreement or agreements. The city of New

York's obligation to indemnify and hold harmless the state of New York

shall in no way be construed as relieving the state of its obligation to

comply with any and all orders or injunctions issued by any court of

competent jurisdiction.

Purposes of article. The purposes of the provisions of this

article are:

1. To provide correctional programs for persons who receive sentences

of imprisonment with terms of one year or less and who otherwise would

be confined in institutions in counties that do not have a sufficient

number of incarcerated individuals to justify construction of an

adequate correctional institution or operation of a modern correctional

program;

2. To provide a method of relieving space pressures in correctional

institutions operated by local government; and

3. To expand the use of programs designed to bridge the gap between

incarceration and activities in the community, through the use of

institutions operated by local government as facilities for residential

treatment of persons in the custody of the state department of

corrections and community supervision.

* § 91. Agreements for custody of definite sentence incarcerated

individuals. 1. The commissioner may enter into an agreement with any

county or with the city of New York to provide for custody by the

department of persons who receive definite sentences of imprisonment

with terms in excess of ninety days who otherwise would serve such

sentences in the jail, workhouse, penitentiary or other local

correctional institution maintained by such locality; provided, however,

that a person committed to the custody of the department pursuant to an

agreement established by this section, except a person committed

pursuant to an agreement with the city of New York, shall be delivered

to a reception center designated by the commissioner for an initial

processing period which shall be no longer than seven days, and

thereafter, shall be transferred to a general confinement correctional

facility located in the same county or in a county adjacent to the

county where such person would otherwise be committed to a local

correctional facility. In the event, however, that exigent circumstances

related to health, safety or security arise which require the immediate

transfer of an incarcerated individual to a different facility not

within the county or adjacent county, then the department shall, as soon

thereafter as practicable, arrange for such incarcerated individual to

be returned to the jurisdiction of the county from which he or she was

committed.

2. Any such agreement, except one that is made with the city of New

York, may be made with the sheriff, warden, superintendent, local

commissioner of correction or other person in charge of such county

institution and shall be subject to the approval of the chief executive

officer of the county. An agreement made with the city of New York may

be made with the commissioner of correction of that city and shall be

subject to the approval of the mayor.

3. An agreement made under this section shall require the locality to

pay the cost of treatment, maintenance and custody furnished by the

department, and the costs incurred under subdivision two or three of

section one hundred twenty-five of this chapter relating to the

provision of clothing, money and transportation upon release or

discharge of incarcerated individuals delivered to the department

pursuant to the agreement, and shall contain at least the following

provisions:

(a) A provision specifying the minimum length of the term of

imprisonment of persons who may be received by the department under the

agreement, which may be any term in excess of ninety days agreed to by

the parties and which need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the

department or to any of its institutions during the pendency of such

agreement for delivery of incarcerated individuals to the department by

officers of the locality, and that the provisions of section six hundred

two of this chapter or of any similar law shall not apply for delivery

of incarcerated individuals during such time;

(c) Designation of the correctional facility or facilities to which

persons under sentences covered by the agreement are to be delivered;

(d) A provision requiring the department to provide transitional

services upon the release of persons committed to the custody of the

department pursuant to an agreement established by this section;

(e) Any other provision the commissioner may deem necessary or

appropriate; and

(f) A provision giving either party the right to cancel the agreement

by giving the other party notice in writing, with cancellation to become

effective on such date as may be specified in such notice.

4. Notwithstanding any other provision of law, the commissioner shall

be authorized to grant, withhold, cause to be forfeited, or cancel time

allowances as provided in and in compliance with section eight hundred

four of this chapter.

5. A copy of such agreement shall be filed with the secretary of state

and with the clerk of each court having jurisdiction to impose sentences

covered by the agreement in the county or city to which it applies.

* NB Effective until September 1, 2027

* § 91. Agreements for custody of definite sentence incarcerated

individuals. 1. The state commissioner of corrections and community

supervision may enter into an agreement with any county or with the city

of New York to provide for custody by the state department of

corrections and community supervision of persons who receive definite

sentences of imprisonment with terms in excess of ninety days who

otherwise would serve such sentences in the jail, workhouse,

penitentiary or other local correctional institution maintained by such

locality.

2. Any such agreement, except one that is made with the city of New

York, may be made with the sheriff, warden, superintendent, local

commissioner of correction or other person in charge of such county

institution and shall be subject to the approval of the chief executive

officer of the county. An agreement made with the city of New York may

be made with the commissioner of correction of that city and shall be

subject to the approval of the mayor.

3. An agreement made under this section shall not require the locality

to pay the cost of treatment, maintenance and custody furnished by the

state department of corrections and community supervision and shall

contain at least the following provisions:

(a) A provision specifying the minimum length of the term of

imprisonment of persons who may be received by the state department of

corrections and community supervision under the agreement, which may be

any term in excess of ninety days agreed to by the parties and which

need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the

state department of corrections and community supervision or to any of

its institutions during the pendency of such agreement for delivery of

incarcerated individuals to the state department of corrections and

community supervision by officers of the locality, and that the

provisions of section six hundred two of this chapter or of any similar

law shall not apply for delivery of incarcerated individuals during such

time;

(c) A provision that no charge shall be made to or shall be payable by

the state during the pendency of such agreement for the expense of

maintaining parole violators pursuant to section two hundred

fifty-nine-i of the executive law, for the expense of maintaining coram

nobis prisoners pursuant to section six hundred one-b of this chapter,

or for the expense of maintaining felony prisoners pursuant to section

six hundred one-c of this chapter;

(d) A provision, approved by the state comptroller, for reimbursement

of the state department of corrections and community supervision by the

locality for expenses incurred under subdivision two or three of section

one hundred twenty-five of this chapter relating to clothing, money and

transportation furnished upon release or discharge of incarcerated

individuals delivered to the state department of corrections and

community supervision pursuant to the agreement;

(e) Designation of the correctional facility or facilities to which

persons under sentences covered by the agreement are to be delivered;

(f) Any other provision the state commissioner of corrections and

community supervision may deem necessary or appropriate; and

(g) A provision giving either party the right to cancel the agreement

by giving the other party notice in writing, with cancellation to become

effective on such date as may be specified in such notice.

4. A copy of such agreement shall be filed with the secretary of state

and with the clerk of each court having jurisdiction to impose sentences

covered by the agreement in the county or city to which it applies.

* NB Effective September 1, 2027

* § 92. Effect of agreement for custody of definite sentence

incarcerated individuals. 1. After a copy of an agreement made under

section ninety-one of this article is filed with the secretary of state,

all commitments under sentences covered by the agreement by courts in

the county or city to which it applies shall be deemed to be to the

custody of the department and shall be so construed and interpreted

irrespective of the institution or agency to which the commitments are

made.

2. Any incarcerated individual who is serving a term of imprisonment

covered by the agreement imposed prior to the filing of such agreement,

and any incarcerated individual who is under consecutive definite

sentences of imprisonment with an aggregate term of the length covered

by the agreement, irrespective of whether one or more of such sentences

was imposed prior to the filing of the agreement, may be transferred to

the care of the department upon request of the head of the county or

city institution and approval of the commissioner.

3. Incarcerated individuals who are deemed committed to the custody of

the department under subdivision one of this section, or who may be

transferred to the care of the department under subdivision two of this

section, shall be dealt with in all respects in the same manner as

incarcerated individuals committed to the custody of the department.

4. In the event any such agreement is cancelled, incarcerated

individuals delivered to the department prior to the date of

cancellation shall continue to serve their sentences in the custody of

such department and the provisions of such agreement shall continue to

apply with respect to such incarcerated individuals. A copy of the

notice of cancellation shall be filed with the secretary of state and

with the clerks of courts in the manner provided in subdivision four of

section ninety-one of this article, and no incarcerated individuals

shall be delivered to the custody of the department under such agreement

after the date on which such cancellation becomes effective.

* NB Effective until September 1, 2027

* § 92. Effect of agreement for custody of definite sentence

incarcerated individuals. 1. After a copy of an agreement made under

section ninety-one of this article is filed with the secretary of state,

all commitments under sentences covered by the agreement by courts in

the county or city to which it applies shall be deemed to be to the

custody of the state department of corrections and community supervision

and shall be so construed and interpreted irrespective of the

institution or agency to which the commitments are made.

2. Any incarcerated individual who is serving a term of imprisonment

covered by the agreement imposed prior to the filing of such agreement,

and any incarcerated individual who is under consecutive definite

sentences of imprisonment with an aggregate term of the length covered

by the agreement, irrespective of whether one or more of such sentences

was imposed prior to the filing of the agreement, may be transferred to

the care of the state department of corrections and community

supervision upon request of the head of the county or city institution

and approval of the state commissioner of corrections and community

supervision.

3. Incarcerated individuals who are deemed committed to the custody of

the state department of corrections and community supervision under

subdivision one of this section, or who may be transferred to the care

of the state department of corrections and community supervision under

subdivision two of this section, shall be dealt with in all respects in

the same manner as incarcerated individuals committed to the custody of

the state department of corrections and community supervision.

4. In the event any such agreement is cancelled, incarcerated

individuals delivered to the state department of corrections and

community supervision prior to the date of cancellation shall continue

to serve their sentences in the custody of such department and the

provisions of such agreement shall continue to apply with respect to

such incarcerated individuals. A copy of the notice of cancellation

shall be filed with the secretary of state and with the clerks of courts

in the manner provided in subdivision four of section ninety-one of this

article, and no incarcerated individuals shall be delivered to the

custody of the state department of corrections and community supervision

under such agreement after the date on which such cancellation becomes

effective.

* NB Effective September 1, 2027

Temporary custody of sentenced incarcerated individuals in

emergencies. 1. Whenever a state of emergency shall be declared by the

chief executive officer of a local government pursuant to section two

hundred nine-m of the general municipal law, the chief executive officer

of the county in which such state of emergency is declared, or where a

county or counties are wholly within a city the mayor of such city, may

request the governor to remove all or any number of sentenced

incarcerated individuals from institutions maintained by such county or

city. Upon receipt of such request, if the governor is satisfied that

the public interest so requires, the governor may, in his or her

discretion, authorize and direct the state commissioner of corrections

and community supervision to remove such incarcerated individuals.

2. Upon receipt of any such direction the state commissioner of

corrections and community supervision shall transport such incarcerated

individuals to any correctional facility in the department and such

incarcerated individuals shall be retained in the custody of the

department, subject to all laws and rules and regulations pertaining to

incarcerated individuals in the custody of the department, until

returned to the institution from which they were removed or discharged

or released in accordance with the law.

3. In the event that the state department of corrections and community

supervision does not have space in its correctional facilities to

accommodate all or any number of the incarcerated individuals so removed

from a local institution, the commissioner shall have the power to lodge

any number of such incarcerated individuals in any county jail,

workhouse or penitentiary within the state that has room to receive them

and such institution shall be required to receive such incarcerated

individuals. Incarcerated individuals so lodged shall be subject to all

rules and regulations pertaining to incarcerated individuals committed

to such institution until returned to the institution from which they

were removed, or removed to a state correctional facility, or discharged

or released in accordance with the law; provided, however, that

incarcerated individuals discharged or released from any such local

institution shall be entitled to receive clothing, money and

transportation from the state department of corrections and community

supervision to the same extent as incarcerated individuals discharged or

released from a state correctional facility.

4. When sentenced incarcerated individuals have been removed from a

penitentiary pursuant to this section, such penitentiary may be used for

the purpose of detention of prisoners awaiting trial or for any other

purpose to which a county jail may be put.

5. The original order of commitment and any other case record

pertaining to incarcerated individuals removed pursuant to this section

shall be delivered to the head of any institution in which he or she may

be lodged and shall be returned to the institution from which he or she

was removed at the time of his or her return to such institution or upon

his or her release or discharge in accordance with the law.

6. Incarcerated individuals removed from a local institution pursuant

to a request made under subdivision one of this section may be returned

to such institution by the state commissioner of corrections and

community supervision, subject to the approval of the governor, at any

time such commissioner is satisfied that the return of such incarcerated

individuals is not inconsistent with the public interest.

7. The county or city maintaining the institution from which

incarcerated individuals are removed pursuant to subdivision one of this

section shall be liable for all damages arising out of any act performed

pursuant to this section and for reimbursement for the following items:

(a) The cost of clothing, money and transportation furnished to any

incarcerated individual who is released or discharged prior to the

return of such incarcerated individual to the institution from which he

or she is removed shall be paid to the state department of corrections

and community supervision; and

(b) The cost of maintaining any incarcerated individual in a county

jail, workhouse or penitentiary shall be paid to the local government

that maintains such institution. Such cost shall be the actual per

capita daily cost, as certified to the state commissioner of corrections

and community supervision.

Use of local government institutions for residential treatment

of persons under the custody of the state department of corrections and

community supervision. 1. The state commissioner of corrections and

community supervision is hereby authorized to transfer any incarcerated

individual under the care or custody of the department who is eligible

to be transferred to a residential treatment facility under section

seventy-three of this chapter to any county jail, workhouse or

penitentiary for the purpose of having such incarcerated individual

engage in a residential treatment facility program; provided, however,

that:

(a) Such incarcerated individual has resided or was employed or has

dependents or parents who reside in the county, or in a county that is

contiguous to the county, in which the institution to which he or she

would be transferred is located;

(b) Arrangements have been made for the education, on-the-job

training, employment or for some other rehabilitative treatment of such

incarcerated individual in the county, or in a county that is contiguous

to the county, in which the institution to which he or she would be

transferred is located; and

(c) The sheriff, warden, superintendent, local commissioner of

correction or other person in charge of the institution to which the

incarcerated individual would be transferred consents to such transfer.

2. An incarcerated individual so transferred shall continue to be in

the custody of the state department of corrections and community

supervision but shall, during the period of such transfer, be in the

care of the head of the institution to which he or she is transferred.

The provisions of section seventy-three of this chapter shall apply in

the case of any such transfer as fully and completely as if the

incarcerated individual were transferred to a residential treatment

facility, and the head of the institution to which the incarcerated

individual is transferred and the officers and employees thereof shall

have and may exercise all of the powers of the superintendent of a

residential treatment facility with respect to the care or custody of

such incarcerated individual.

In any case where an incarcerated individual is employed, however, the

provisions of subdivision nine of such section seventy-three shall not

apply and the wages or salary of such incarcerated individual shall be

dealt with under the provisions applicable to a work release program in

the type of institution to which he or she is transferred as provided in

section one hundred fifty-four or eight hundred seventy-two of this

chapter as the case may be; and in the event such incarcerated

individual is returned to a state correctional facility, any balance

remaining in the trust fund account shall be paid over to the

superintendent of such facility and shall be deposited by him or her as

incarcerated individuals' funds pursuant to section one hundred sixteen

of this chapter.

3. If at any time the head of a local institution to which an

incarcerated individual is transferred under this section is of the

opinion that continued care of such incarcerated individual in such

institution is inconsistent with the welfare or safety of the community

or of the institution or its incarcerated individuals, he or she may

request the state commissioner to return such incarcerated individual to

a state correctional facility and, upon the receipt of any such request,

the commissioner shall cause such incarcerated individual to be so

returned promptly and at the expense of the state department of

corrections and community supervision.

4. The expenses of any such transfer shall be paid by the state

department of corrections and community supervision and the commissioner

is hereby authorized to reimburse the local institution for a sum

determined by the head of such institution and agreed to in advance by

the commissioner to be the cost of food, lodging and clothing within the

institution, and the actual and necessary food, travel and other

expenses required for a program outside the institution, incurred or

advanced by the institution; provided, however, that:

(a) In any case where the commissioner has a pending agreement with a

locality under section ninety-one of this article, the commissioner

shall not reimburse the local institution for any cost incurred for

food, lodging and clothing within the institution; and

(b) The wages or salary, if any, of such incarcerated individual shall

be used for such reimbursement and shall be applied to defray any costs

authorized to be paid under this section before any amount shall be paid

by the commissioner hereunder, and any such wages or salary may be so

applied irrespective of the provisions of paragraph (a) of this

subdivision.

Use of local government institutions for confinement of persons

under custody with or awaiting transfer to the department. 1.

Notwithstanding any other provision of law, the commissioner is hereby

authorized to contract with any county or the city of New York for the

use of a local correctional facility to provide for the care and custody

of any person convicted of an offense and sentenced to a determinate or

to an indeterminate sentence of imprisonment who is awaiting transfer to

or has been transferred to the custody of the department as required by

section 430.20 of the criminal procedure law; provided, however, that

any such contract under this section shall not include persons charged

with or found to be in violation of parole or conditional release

pursuant to subdivision three of section two hundred fifty-nine-i of the

executive law.

2. Any such incarcerated individual shall be deemed to be in the

custody of and subject to the jurisdiction of the department but shall,

during the period of his or her local confinement, be under the care of

the head of the local correctional facility in which he or she resides.

3. If at any time the head of the local correctional facility is of

the opinion that the continued care of such incarcerated individual in

the local correctional facility is inconsistent with the welfare or

safety of the incarcerated individual, the community, the facility or

other incarcerated individuals, he or she may demand that such

incarcerated individual be transferred forthwith to the custody of the

department. Thereafter, the department shall be obligated to receive

into its custody such incarcerated individual in the manner prescribed

for the acceptance of newly sentenced incarcerated individuals required

by section 430.20 of the criminal procedure law unless the contract

specifies an alternative method of transfer. Notwithstanding the

foregoing, in any case where the incarcerated individual in the care of

the local correctional facility pursuant to a contract as provided for

in this section is convicted of a class A-1 felony offense or a class B

violent felony offense or a class C violent felony offense, the head of

the local correctional facility may demand that such incarcerated

individual be transferred forthwith to the custody of the department.

Thereafter, the department shall be obligated to receive into its

custody such incarcerated individual within forty-eight hours of receipt

of such demand from the head of the local correctional facility.

4. The commissioner is hereby authorized to reimburse the contracting

county or the city of New York for a sum equivalent to the actual per

day per capita cost, as certified by the appropriate local official, or

one hundred dollars per day per capita, whichever is less.

5. No incarcerated individual shall be housed in a local correctional

facility or series of local correctional facilities pursuant to a

contract under subdivision one of this section for a period exceeding

six months.

Compact. The interstate corrections compact as set forth in

this article is hereby adopted and entered into with all jurisdictions

joining therein.

Short title; purpose. This article shall be known and may be

cited as the "interstate corrections compact". The party states,

desiring common action to fully utilize and improve their institutional

facilities and provide adequate programs for the confinement, treatment

and rehabilitation of various types of offenders, declare that it is the

policy of each of the party states to provide such facilities and

programs on a basis of cooperation with one another, thereby serving the

best interests of such offenders and of society and effecting economies

in capital expenditures and operational costs. The purpose of this

compact is to provide for the mutual development and execution of such

programs of cooperation for the confinement, treatment and

rehabilitation of offenders with the most economical use of human and

material resources.

Definitions. As used in this compact, unless the context

clearly requires otherwise:

(a) "State" means a state of the United States; the United States of

America; a territory or possession of the United States; the District of

Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which

conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an

incarcerated individual is sent for confinement other than a state in

which conviction or court commitment was had.

(d) "Incarcerated individual" means a male or female offender who is

committed, under sentence to or confined in a penal or correctional

institution.

(e) "Institution" means any penal or correctional facility, including

but not limited to a facility for the mentally ill or mentally

defective, in which incarcerated individuals as defined in subdivision

(d) of this section may lawfully be confined.

Contracts. (a) Each party state may make one or more contracts

with any one or more of the other party states for the confinement of

incarcerated individuals on behalf of a sending state in institutions

situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for

incarcerated individual maintenance, extraordinary medical and dental

expenses, and any participation in or receipt by incarcerated

individuals of rehabilitative or correctional services, facilities,

programs or treatment not reasonably included as part of normal

maintenance.

3. Participation in programs of incarcerated individual employment, if

any; the disposition or crediting of any payments received by

incarcerated individuals on account thereof; and the crediting of

proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of incarcerated individuals.

5. Such other matters as may be necessary and appropriate to fix the

obligations, responsibilities and rights of the sending and receiving

states.

(b) The terms and provisions of this compact shall be a part of any

contract entered into by the authority of or pursuant thereto, and

nothing in any such contract shall be inconsistent therewith.

Procedures and rights. (a) Whenever the duly constituted

authorities in a state party to this compact, and which has entered into

a contract pursuant to section one hundred three of this article, shall

decide that confinement in, or transfer of an incarcerated individual

to, an institution within the territory of another party state is

necessary or desirable in order to provide adequate quarters and care or

an appropriate program of rehabilitation or treatment, said officials

may direct that the confinement be within an institution within the

territory of said other party state, the receiving state to act in that

regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall

have access, at all reasonable times, to any institution in which it has

a contractual right to confine incarcerated individuals for the purpose

of inspecting the facilities thereof and visiting such of its

incarcerated individuals as may be confined in the institution.

(c) Incarcerated individuals confined in an institution pursuant to

the terms of this compact shall at all times be subject to the

jurisdiction of the sending state and may at any time be removed

therefrom for transfer to a prison or other institution within the

sending state, for transfer to another institution in which the sending

state may have a contractual or other right to confine incarcerated

individuals, for release on probation or parole, for discharge, or for

any other purpose permitted by the laws of the sending state; provide

that the sending state shall continue to be obligated to such payments

as may be required pursuant to the terms of any contract entered into

under the terms contained in section one hundred three of this article.

(d) Each receiving state shall provide regular reports to each sending

state on the incarcerated individuals of that sending state in

institutions pursuant to this compact including a conduct record of each

incarcerated individual and certify said record to the official

designated by the sending state, in order that each incarcerated

individual may have official review of his or her record in determining

and altering the disposition of said incarcerated individual in

accordance with the law which may obtain in the sending state and in

order that the same may be a source of information for the sending

state.

(e) All incarcerated individuals who may be confined in an institution

pursuant to the provisions of this compact shall be treated in a

reasonable and humane manner and shall be treated equally with such

similar incarcerated individuals of the receiving state as may be

confined in the same institution. The fact of confinement in a receiving

state shall not deprive any incarcerated individual so confined of any

legal rights which said incarcerated individual would have had if

confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an incarcerated individual

confined pursuant to this compact may be entitled by the laws of the

sending state may be had before the appropriate authorities of the

sending state, or of the receiving state if authorized by the sending

state. The receiving state shall provide adequate facilities for such

hearings as may be conducted by the appropriate officials of a sending

state. In the event such hearing or hearings are had before officials of

the receiving state, the governing law shall be that of the sending

state and a record of the hearing or hearings as prescribed by the

sending state shall be made. Said record together with any

recommendations of the hearing officials shall be transmitted forthwith

to the official or officials before whom the hearing would have been had

if it had taken place in the sending state. In any and all proceedings

had pursuant to the provisions of this subdivision, the officials of the

receiving state shall act solely as agents of the sending state and no

final determination shall be made in any matter except by the

appropriate officials of the sending state.

(g) Any incarcerated individual confined pursuant to this compact

shall be released within the territory of the sending state unless the

incarcerated individual, and the sending and receiving states, shall

agree upon release in some other place. The sending state shall bear the

cost of such return to its territory.

(h) Any incarcerated individual confined pursuant to the terms of this

compact shall have any and all rights to participate in and derive any

benefits or incur or be relieved of any obligations or have such

obligations modified or his or her status changed on account of any

action or proceeding in which he or she could have participated if

confined in any appropriate institution of the sending state located

within such state.

(i) The parent, guardian, trustee, or other person or persons entitled

under the laws of the sending state to act for, advise, or otherwise

function with respect to any incarcerated individual shall not be

deprived of or restricted in his or her exercise of any power in respect

to any incarcerated individual confined pursuant to the terms of this

compact.

Acts not reviewable in receiving state; extradition. (a) Any

decision of the sending state in respect to any matter over which it

retains jurisdiction pursuant to this compact shall be conclusive upon

and not reviewable within the receiving state, but if at the time the

sending state seeks to remove an incarcerated individual from an

institution in the receiving state there is pending against the

incarcerated individual within such state any criminal charge or if the

incarcerated individual is formally accused of having committed within

such state a criminal offense, the incarcerated individual shall not be

returned without the consent of the receiving state until discharged

from prosecution or other form of proceeding, imprisonment or detention

for such offense. The duly accredited officers of the sending state

shall be permitted to transport incarcerated individuals pursuant to

this compact through any and all states party to this compact without

interference.

(b) Any incarcerated individual who escapes from an institution in

which he or she is confined pursuant to this compact shall be deemed a

fugitive from the sending state and from the state in which the

institution is situated. In the case of any escape to a jurisdiction

other than the sending or receiving state, the responsibility for

institution of extradition or rendition proceedings shall be that of the

sending state, but nothing contained herein shall be construed to

prevent or affect the activities of officers and agencies of any

jurisdiction directed toward the apprehension and return of the escapee.

Federal aid. Any state party to this compact may accept federal

aid for use in connection with any institution or program, the use of

which is or may be affected by this compact or any contract pursuant

hereto and any incarcerated individual in a receiving state pursuant to

this compact may participate in any such federally aided program or

activity for which the sending and receiving states have made

contractual provision, provided that if such program or activity is not

part of the customary correctional regimen, the express consent of the

appropriate official of the sending state shall be required therefor.

Entry into force. This compact shall enter into force and

become effective and binding upon the states so acting when it has been

enacted into law by any two states. Thereafter, this compact shall

enter into force and become effective and binding as to any other of

said states upon similar action by such state.

Withdrawal and termination. This compact shall continue in

force and remain binding upon a party state until it shall have enacted

a statute repealing the same and providing for the sending of formal

written notice of withdrawal from the compact to the appropriate

officials of all other party states. An actual withdrawal shall not take

effect until one year after the notices provided in said statute have

been sent. Such withdrawal shall not relieve the withdrawing state from

its obligations assumed hereunder prior to the effective date of

withdrawal. Before the effective date of withdrawal, a withdrawing state

shall remove to its territory, at its own expense, such incarcerated

individuals as it may have confined pursuant to the provisions of this

compact.

Construction and severability. (a) Nothing contained in this

compact shall be construed to abrogate or impair any agreement or other

arrangement which a party state may have with a nonparty state for the

confinement, rehabilitation or treatment of incarcerated individuals nor

to repeal any other laws of a party state authorizing the making of

cooperative institutional arrangements.

(b) The provisions of this compact shall be liberally construed and

shall be severable. If any phrase, clause, sentence or provision of this

compact is declared to be contrary to the constitution of any

participating state or of the United States or the applicability thereof

to any government, agency, person or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof

to any government, agency, person or circumstance shall not be affected

thereby. If this compact shall be held contrary to the constitution of

any state participating therein, the compact shall remain in full force

and effect as to the remaining states and in full force and effect as to

the state affected as to all severable matters.

Powers and duties of commissioner relating to correctional

facilities and community supervision. 1. The commissioner of corrections

and community supervision shall have the superintendence, management and

control of the correctional facilities in the department and of the

incarcerated individuals confined therein, and of all matters relating

to the government, discipline, policing, contracts and fiscal concerns

thereof. He or she shall have the power and it shall be his or her duty

to inquire into all matters connected with said correctional facilities.

He or she shall make such rules and regulations, not in conflict with

the statutes of this state, for the government of the officers and other

employees of the department assigned to said facilities, and in regard

to the duties to be performed by them, and for the government and

discipline of each correctional facility, as he or she may deem proper,

and shall cause such rules and regulations to be recorded by the

superintendent of the facility, and a copy thereof to be furnished to

each employee assigned to the facility. He or she shall also prescribe a

system of accounts and records to be kept at each correctional facility,

which system shall be uniform at all of said facilities, and he or she

shall also make rules and regulations for a record of photographs and

other means of identifying each incarcerated individual received into

said facilities. He or she shall appoint and remove, subject to the

civil service law, subordinate officers and other employees of the

department who are assigned to correctional facilities.

2. The commissioner shall have the management and control of persons

released on community supervision and of all matters relating to such

persons' effective reentry into the community, as well as all contracts

and fiscal concerns thereof. The commissioner shall have the power and

it shall be his or her duty to inquire into all matters connected with

said community supervision. The commissioner shall make such rules and

regulations, not in conflict with the statutes of this state, for the

governance of the officers and other employees of the department

assigned to said community supervision, and in regard to the duties to

be performed by them, as he or she deems proper and shall cause such

rules and regulations to be furnished to each employee assigned to

perform community supervision. The commissioner shall also prescribe a

system of accounts and records to be kept, which shall be uniform. The

commissioner shall also make rules and regulations for a record of

photographs and other means of identifying each incarcerated individual

released to community supervision. The commissioner shall appoint

officers and other employees of the department who are assigned to

perform community supervision.

3. The commissioner may require reports from the superintendent or any

other officer or employee of the department assigned to any correctional

facility or to perform community supervision in relation to his or her

conduct as such officer or employee, and shall have the power to inquire

into any improper conduct which may be alleged to have been committed by

any person at any correctional facility or in the course of his or her

performance of community supervision, and for that purpose to issue

subpoenas to compel the attendance of witnesses, and the production

before him or her of books, writings and papers. A subpoena issued under

this section shall be regulated by the civil practice law and rules.

4. The commissioner and the chair of the parole board shall work

jointly to develop and implement, as soon as practicable, a risk and

needs assessment instrument or instruments, which shall be empirically

validated, that would be administered to incarcerated individuals upon

reception into a correctional facility, and throughout their

incarceration and release to community supervision, to facilitate

appropriate programming both during an incarcerated individual's

incarceration and community supervision, and designed to facilitate the

successful integration of incarcerated individuals into the community.

5. (a) The commissioner shall not make or promulgate any policy and/or

regulation requiring an incarcerated individual to waive any religious

right, including, but not limited to, daily prayer as a condition for

participation in any incarcerated individual program including any such

program developed and/or implemented pursuant to subdivision four of

this section including, but not limited to, the shock program and the

industrial training program.

(b) Upon request, incarcerated individuals shall be granted exemptions

for activities, including jobs, that coincide with the Sabbath and other

work proscription days, including those set forth in the religious

calendar.

6. (a) The commissioner shall promulgate rules and regulations to

establish and maintain an annual heat mitigation plan to ensure

incarcerated individuals and correctional facility staff have options

available to stay cool, hydrated and safe during high heat temperatures.

Such plan shall include, to the extent possible:

(i) access to industrial fans, water, ice, and additional access to

showers;

(ii) commissaries fully stocked with personal fans prior to the

beginning of summer;

(iii) monitoring temperatures in housing, program and industry areas;

(iv) maintaining a list of incarcerated individuals and correctional

facility staff who have medical conditions that make them more

susceptible to heat and monitor their well-being;

(v) increased rounds and wellness checks; and

(vi) providing shade on exercise yards if consistent with the

facility's safety and security protocols.

(b) The commissioner, as part of such heat mitigation plan, shall

evaluate the financial and operational feasibility of establishing

cooling stations and a permanent sustainable cooling solution at each

facility, provided that upon a determination or finding that a permanent

sustainable cooling solution is feasible in each facility, the

commissioner shall develop a timeline to implement the findings of such

evaluation.

7. (a) For the purposes of this subdivision the following terms shall

have the following meanings:

(i) "Substantiated allegation" means an allegation that was

investigated and determined to have occurred. An allegation is

determined to have occurred based on a preponderance of the evidence;

(ii) "Unfounded allegation" means an allegation that was investigated

and determined not to have occurred;

(iii) "Unsubstantiated allegation" means an allegation that was

investigated and the investigation produced insufficient evidence to

make a final determination as to whether or not the event occurred.

(b) The commissioner shall collect data from the office of special

investigations established by the department and report quarterly to the

speaker of the assembly, the temporary president of the senate, and the

governor regarding complaints received the previous quarter by the

office. For the report period, such data and report shall include, but

not be limited to:

(i) the number of substantiated, unsubstantiated, and unfounded

allegations received by the office of special investigations categorized

by location of the alleged incident, complaint type or allegation,

subject of the allegation (i.e. incarcerated individual, security staff,

civilian staff, or other), and how the allegation was received by the

office;

(ii) the total number of complaints: assigned for an investigation by

the office of special investigations; assigned to each division or unit

within the office of special investigations; referred to the appropriate

central office division head; referred to a facility superintendent or

community supervision bureau chief for investigation; referred to a

facility superintendent or community supervision bureau chief for other

appropriate action; and referred to a state, local, or federal agency

with jurisdiction. Such data shall include the location of the alleged

incident and the complaint type or allegation;

(iii) the total number of investigations closed by each office of

special investigations unit or division within the reporting time

period;

(iv) the total number of referrals for criminal prosecution. Such data

shall include the location of the alleged incident, the complaint type

or allegation, and the subject of the allegation (i.e. incarcerated

individual, security staff, civilian staff, or other);

(v) the total number of referrals to the department's bureau of labor

relations for consideration of employee disciplinary charges including

the location of the alleged incident; and

(vi) office of special investigations staffing data including the

total number of staff, position type, and number of open positions.

(c) The commissioner shall report annually the average length of time

to close an investigation by the office of special investigation by

division for each correctional facility and any recommendations made by

the office of special investigations to the relevant departmental

program areas for consideration of a revision to a policy or procedure.

Such report shall categorize such recommendations by facility, the

nature of the recommendation, and any action taken in response to the

recommendation.

Absence of incarcerated individual for funeral and deathbed

visits authorized. The commissioner may permit any incarcerated

individual confined by the department except one awaiting the sentence

of death to attend the funeral of his or her father, mother, guardian or

former guardian, child, brother, sister, husband, wife, grandparent,

grandchild, ancestral uncle or ancestral aunt within the state, or to

visit such individual during his or her illness if death be imminent;

but the exercise of such power shall be subject to such rules and

regulations as the commissioner shall prescribe, respecting the granting

of such permission, duration of absence from the institution, custody,

transportation and care of the incarcerated individual, and guarding

against escape. Any expense incurred under the provisions of this

section, with respect to any incarcerated individual permitted to attend

a funeral or visit a relative during last illness, shall be deemed an

expense of maintenance of the institution and be paid from moneys

available therefor; but the superintendent, if the rules and regulations

of the commissioner shall so provide, may allow the incarcerated

individual or anyone in his or her behalf to reimburse the state for

such expense.

Rehabilitation programs for women; to be commensurate to those

afforded men. It shall be the duty of the commissioner to assure an

array of rehabilitation programs are provided among the correctional

facilities in which female incarcerated individuals are confined, within

the appropriations made therefor, including but not limited to

vocational, academic and industrial programs, which are comparable to

the programs provided to male incarcerated individuals during the course

of their incarceration.

Fiscal accounts and records. 1. The superintendent of each

correctional facility shall maintain books of entry and such other

records as may be deemed necessary by the commissioner of correction in

order to fully account for cash receipts from all sources and all cash

disbursements from accounts established in the name of the facility or

the superintendent. Such books and records shall be in a form prescribed

by the commissioner of correction and shall be open at all times to the

commissioner and the comptroller and their authorized representatives.

2. The superintendent of each correctional facility shall also cause

to be prepared an annual inventory of the equipment and furnishings

received by the facility and to maintain same for the purpose of audit

or examination by the commissioner, the comptroller or their authorized

representatives.

3. All purchases for the use of any correctional facility shall be

made in conformance with the rules and regulations in effect or

established by the commissioner of correction, the comptroller and the

commissioner of the office of general services. The superintendent of

each correctional facility shall cause to be maintained a record of all

bills and receipts for expenditures made for goods or services for the

facility for the purpose of audit or examination by the commissioner,

the comptroller or their designated representatives.

incarcerated individuals' funds. The warden or superintendent

of each of the institutions within the jurisdiction of the department of

corrections and community supervision shall deposit at least once in

each week to his or her credit as such warden, or superintendent, in

such bank or banks as may be designated by the comptroller, all the

moneys received by him or her as such warden, or superintendent, as

incarcerated individuals' funds, and send to the comptroller and also to

the commissioner monthly, a statement showing the amount so received and

deposited. Such statement of deposits shall be certified by the proper

officer of the bank receiving such deposit or deposits. The warden, or

superintendent, shall also verify by his or her affidavit that the sum

so deposited is all the money received by him or her as incarcerated

individuals' funds during the month. Any bank in which such deposits

shall be made shall, before receiving any such deposits, file a bond

with the comptroller of the state, subject to his or her approval, for

such sum as he or she shall deem necessary. Upon a certificate of

approval issued by the director of the budget, pursuant to the

provisions of section fifty-three of the state finance law, the amount

of interest, if any, heretofore accrued and hereafter to accrue on

moneys so deposited, heretofore and hereafter credited to the warden, or

superintendent, by the bank from time to time, shall be available for

expenditure by the warden, or superintendent, subject to the direction

of the commissioner, for welfare work among the incarcerated individuals

in his or her custody. The withdrawal of moneys so deposited by such

warden, or superintendent, as incarcerated individuals' funds, including

any interest so credited, shall be subject to his or her check. Each

warden, or superintendent, shall each month provide the comptroller and

also the commissioner with a record of all withdrawals from incarcerated

individuals' funds. As used in this section, the term "incarcerated

individuals' funds" means the funds in the possession of the

incarcerated individual at the time of his or her admission into the

institution, funds earned by him or her as provided in section one

hundred eighty-seven of this chapter and any other funds received by him

or her or on his or her behalf and deposited with such warden or

superintendent in accordance with the rules and regulations of the

commissioner. Whenever the total unencumbered value of funds in an

incarcerated individual's account exceeds ten thousand dollars, the

superintendent shall give written notice to the office of victim

services.

Estimates of expenses. The superintendent of each correctional

facility shall cause to be prepared, at the direction of the

commissioner, periodic estimates of expenditures in such form and detail

and for such periods as the commissioner may deem appropriate.

Custody and supervision of persons in Westchester county

correctional facilities. 1. The duty of maintaining the custody and

supervision of persons detained or confined in a local correctional

facility as defined in subdivision sixteen of section two of this

chapter and such facility is located in the county of Westchester shall

be performed solely by correction officers of the Westchester county

correction department. This duty, in whole or in part, shall not be

delegated, transferred or assigned.

2. As used in this section, "correction officer" of the Westchester

county correction department means a correction officer, correction

officer-sergeant, correction officer-captain, assistant warden,

associate warden or warden.

Daily report concerning incarcerated individuals. The

superintendent of each correctional facility shall make a daily report

to the commissioner of correction, stating the names of all incarcerated

individuals received into the facility during the preceding day, the

counties in which they were tried, the crimes of which they were

convicted, the nature and duration of their sentences, their former

trade, employment or occupation, their habits, color, age, place of

nativity, degree of instruction, and a description of their persons, and

also stating whether any such incarcerated individuals have ever been

confined in any state or county correctional institution, and if so,

stating the offense for which they were confined, and the duration of

their punishment, and also stating in such report the names of all the

incarcerated individuals transferred or released to the community or

delivered to other governmental authority on the preceding day, and all

other particulars in relation to such persons that are required to be

stated in relation to the incarcerated individuals received in the

facility.

Custody and supervision of persons in correctional facilities.

1. Except as provided in subdivisions two, three and four of this

section, the duty of maintaining the custody and supervision of persons

detained or confined in a correctional facility as defined in

subdivision four of section two of this chapter, including a drug

treatment campus as defined in subdivision twenty of section two of this

chapter, or a local correctional facility as defined in subdivision

sixteen of section two of this chapter shall be performed solely by

police officers designated in paragraph (a), (b), (c), (d), (e), (g),

(j) or (m) of subdivision thirty-four of section 1.20 of the criminal

procedure law or peace officers designated in subdivision twenty-five of

section 2.10 of the criminal procedure law, which persons, whether

employed full-time or part-time, shall be in the competitive,

non-competitive or exempt class of the civil service of New York state

as determined by state law or by the state or applicable local civil

service commission.

2. Nothing in this section shall limit in any way the authority of the

commissioner, or any county or the city of New York, to enter into any

contract authorized by subdivision eighteen of section two, section

seventy-two-a, section seventy-three, section ninety-five, article

five-A or article twenty-six of this chapter, or to limit the

responsibility of the department of corrections and community

supervision to supervise incarcerated individuals or persons released to

community supervision while away from an institution pursuant to section

seventy-two-a, section seventy-three or article twenty-six of this

chapter or while confined at a drug treatment campus as defined in

subdivision twenty of section two of this chapter.

3. Subdivision one of this section shall be inapplicable to any person

who is or may be employed in a correctional facility as defined in

subdivision four of section two of this chapter or a local correctional

facility as defined in subdivision sixteen of section two of this

chapter or who contracts or may contract to provide services at such a

correctional facility, who, in either case, is (a) not a correction

officer or deputy sheriff, and (b) does not have, as their primary job

responsibility, the duty of maintaining the supervision of persons

detained or confined in a correctional facility but who provides such

supervision as a secondary, ancillary or incidental part of their

primary employment responsibilities. An employee who meets the criteria

provided by paragraphs (a) and (b) of this subdivision may include, but

not be limited to, food service, janitorial or maintenance staff of such

a correctional facility or persons who provide health care, substance

abuse treatment, counseling, religious, educational or vocational

services at such a correctional facility.

4. Nothing in this section shall preclude an elected or appointed

sheriff, the commissioner of correction of the city of New York, the

commissioner of the Westchester county department of correction, or any

other municipal official in the unclassified service, as determined by

state law or by the state or applicable local civil service commission,

from maintaining the custody and supervision of persons detained or

confined in a local correctional facility as defined in subdivision

sixteen of section two of this chapter. Provided further that nothing in

this section shall be construed to limit or affect the existing

authority of the mayor of the city of New York and the commissioner of

the department of correction of the city of New York to appoint

non-uniformed persons whose duties include overall security of the

department of correction of the city of New York to positions of

authority.

Private ownership or operation of correctional facilities.

Except as otherwise provided in subdivisions two, three and four of

section one hundred twenty of this article or in federal law, the

private operation or management of a correctional facility as defined in

subdivision four of section two of this chapter or a local correctional

facility, as defined in subdivision sixteen of section two of this

chapter, the private ownership or operation of a facility for housing

state or local incarcerated individuals or the private ownership or

operation of a facility for the incarceration of other state's

incarcerated individuals is prohibited.

Control of fiscal transactions and recovery of debts. All the

fiscal transactions and dealings on account of each correctional

facility shall be conducted by and in the name of the superintendent

thereof, who shall have control over all matters of finance relating to

such facility, subject to the direction and supervision of the

commissioner of correction. Such superintendent shall be capable in law

of suing in all courts and places, and in all matters concerning the

facility, by his name of office, and by that name shall be authorized to

sue for and recover all sums of money due from any person to any former

agent, agent and superintendent or superintendent of the facility, or to

the people of this state on account of such facility. But it shall not

be lawful in any such suit or action for any defendant to plead or give

in evidence any offset or matter by way of recoupment or counterclaim

except for payments made, and not credited to such defendant, or to

recover any judgment against such superintendent in such suit or action

other than for the costs and disbursements therein. Each superintendent

shall enforce the payment of all debts due to the facility under his

charge with as little delay as possible, but subject to the approbation

of the commissioner of correction, he may accept any security from any

debtor on granting him time, that he may deem conducive to the interests

of the state. The commissioner of correction or any person authorized in

the rules and regulations of the department may at any time exercise the

powers granted to a superintendent hereunder.

Incarcerated individuals' money, clothing and other property;

what to be furnished them on their release. 1. The superintendent, or an

employee covered by bond who is designated by the superintendent, of

each correctional facility shall take charge of all moneys and other

articles which may be brought to the facility by the incarcerated

individuals, including but not limited to any identification, and shall

cause the same, immediately upon the receipt thereof, to be entered

among the receipts of the facility; which money and other articles,

including but not limited to any identification materials, whenever the

incarcerated individual from whom the same was received shall be

discharged from the custody of the department, or the same shall be

otherwise legally demanded, shall be returned by the said superintendent

to such incarcerated individual or other person legally entitled to the

same, and vouchers shall be taken therefor. The commissioner shall

promulgate rules and regulations concerning the custody and transfer of

such money and other articles, including but not limited to any

identification materials in cases where incarcerated individuals are

transferred from one facility to another.

2. The superintendent of each of said facilities shall furnish to each

incarcerated individual who shall be discharged or released from said

facility by pardon, parole, conditional release or otherwise, except

such incarcerated individuals as are released for return for resentence

or new trial or upon a certificate of reasonable doubt, and except such

incarcerated individuals who are released to participate in a program

outside the facility who are required to return to the facility,

suitable clothing adapted to the season in which he or she is discharged

not to exceed sixty-five dollars in value and transportation to the

county of his or her conviction or to such other place as the

commissioner may designate. In addition, the commissioner shall take

such steps as are necessary to ensure that incarcerated individuals have

at least forty dollars available upon release.

3. In any case where an incarcerated individual is not entitled to

receive clothing and transportation under subdivision two of this

section, the superintendent, in his or her discretion, but subject to

the rules of the department, may furnish an incarcerated individual who

is released from a facility with clothing or transportation not in

excess of the value for each item specified in subdivision two of this

section.

Punishment of superintendent for neglect of duty. If the

superintendent of a correctional facility shall wilfully neglect or

refuse to make any weekly or monthly return, estimate or statement, or

to transmit any statement and certificate of such deposits to the

comptroller, as hereby directed, it shall be the duty of the comptroller

to notify the commissioner of correction of such omissions, and it shall

be the duty of the commissioner of correction to order the

superintendent to be prosecuted for the recovery of any moneys which may

be in his hands belonging to the state. The superintendent of a

correctional facility shall be liable to indictment and punishment for

any wilful neglect of duty, or for any malpractice in the discharge of

the duties of his office.

Custody of incarcerated individual sentenced to death and

commuted by governor. The commissioner shall designate appropriate

correctional facilities to receive, on the order of the governor, any

person convicted of any crime punishable by death, or who shall be

pardoned, on condition of being confined either for life or a term of

years in a correctional facility, and such person shall be confined

according to the terms of such condition.

Retaking of an escaped incarcerated individual. If an

incarcerated individual escapes from a correctional facility, he or she

may be arrested and returned by the superintendent or by an officer or

employee of the department or by any peace officer, acting pursuant to

his or her special duties, or police officer without a warrant; or a

magistrate may cause such escaped incarcerated individual to be arrested

and held in custody until he or she can be removed to a correctional

facility, as in the case of a commitment. Rewards for the taking of such

escaped incarcerated individuals may be provided for by the rules of the

department.

Superintendent to report concerning incarcerated individual

believed mentally ill when crime was committed. Whenever the

superintendent of a correctional facility shall have reason to believe

that any incarcerated individual in the facility was mentally ill at the

time he or she committed the offense for which he or she was sentenced,

such superintendent shall communicate in writing to the commissioner of

correction his or her reason for such opinion, and shall refer the

commissioner of correction to all the sources of information with which

he or she may be acquainted in relation to the mental illness of such

incarcerated individual. The commissioner of correction shall then

transmit such opinion and information to the governor with his or her

recommendations thereon.

Religious dietary requirements. 1. The commissary at each

correctional facility shall provide food options for purchase through

the facility commissary that satisfy the requirements of religious

dietary needs of the incarcerated individuals housed at the facility,

including, but not limited to halal foods and kosher foods. Food options

available pursuant to this subdivision shall conform to the standards

typically associated with the particular religious dietary requirements;

provided, however, that if one or more incarcerated individuals housed

at the facility requires food products that conform to a higher

religious dietary standard, such products shall also be made available

through the commissary upon request of the individual requiring such

options.

2. Each correctional facility shall provide food options for purchase

from vending machines located in the visitor's area of the facility that

satisfy the requirements of religious dietary needs of the incarcerated

individuals housed at the facility, including, but not limited to halal

foods and kosher foods.

3. For food options available through both the commissary and from

vending machines, the prices for food options that conform to the

requirements of this section shall be comparable to the cost of food

options that do not conform to the requirements of this section.

New York state department of corrections and community

supervision body-worn cameras program. 1. There is hereby created within

the department a body-worn cameras program. The purpose of such program

is to increase accountability and evidence for departmental and law

enforcement purposes, department staff, residents of the state, and

those under the department's care by providing body-worn cameras to all

correction officers, security supervisors, and any civilian staff as

identified by the commissioner.

2. The department shall provide body-worn cameras that will be powered

on and worn by correction officers and security supervisors at all

times, while on duty. Incidents and activities that require staff to

manually activate their body-worn cameras, regardless of the presence of

fixed cameras, include but are not limited to:

(a) during any interaction with an incarcerated individual or visitor,

in any location. This paragraph shall not apply when the office of

special investigations or crisis intervention unit is conducting an

interview with an incarcerated individual providing confidential

information where a record of interview is completed;

(b) when staff observe unauthorized activity by an incarcerated

individual, a department employee or any other person in the facility;

(c) during general movement of incarcerated individuals;

(d) when staff is responding to an emergency call for assistance;

(e) during all incarcerated individual escorts;

(f) during incarcerated individual transports, as directed by the

facility watch commander or higher-ranking supervisor. When an employee

enters a non-department facility, the employee will comply with the

facility local policy on wearing the camera and recording. If a local

policy does not exist, the employee shall default to department policy;

(g) when a firearm, oleoresin capsicum spray, or a baton is removed

from its holster or holder;

(h) any instance where department staff feels there is an imminent

threat or the need to document their time on duty;

(i) during all uses of force, including any physical aggression or use

of a non-lethal or lethal weapon;

(j) during a disciplinary hearing when fixed video monitoring systems

are not available where the disciplinary hearing is conducted. Such

recordings will be securely preserved as part of the official hearing

record for all Tier II and Tier III hearings pursuant to section 270.3

of the New York codes, rules and regulations. Audio recordings of all

hearings will continue to be made regardless of whether the video

monitoring system captures audio;

(k) as directed by the deputy commissioner or chief of investigations

for the office of special investigations, or such deputy commissioner's

or chief of investigations' designee, office of special investigations

investigators may utilize body-worn camera systems pursuant to the

office of special investigations policy. The use of such cameras by the

office of special investigations investigators may include but is not

limited to absconder/fugitive operations, facility inspections,

monitoring of frisks, canine operations, high-risk in-state transports

of incarcerated individuals or releasees, and investigative activities

which are deemed appropriate to record;

(l) in congregate shower areas; provided, however, that staff shall

provide a verbal announcement that a body-worn camera is in use and

avoid intentional recording of an incarcerated individual in a state of

undress unless they are required to do so as part of the performance of

their duties;

(m) during all correctional emergency response team activations; and

(n) during a strip search or strip frisk; provided, however, that

incarcerated individuals shall be given verbal notice that they are

being recorded, and the following rules apply:

(i) The wearer of the body-worn camera shall be of the same gender as

the gender designation of the facility. Video recordings of strip frisks

or strip searches shall not be viewed by anyone, except as expressly

authorized in writing by the facility's deputy superintendent for

security or higher authority. If the recording is approved for review,

the deputy superintendent for security shall assure this fact is

documented to include date, time, authorization, reviewer name,

explanation of why the review is necessary, and the result of such

review.

(ii) A body-worn camera recording of any strip search or strip frisk

shall immediately be turned over to an officer assigned to upload,

charge, and issue such cameras to assigned staff for uploading and

storage.

(iii) The video footage of a strip frisk or other incident depicting

an incarcerated individual in a state of complete undress shall only be

viewed by department staff who are of the same gender as the gender

designation of the facility.

3. The commissioner shall have the authority to require civilian staff

assigned to a correctional facility to wear body-worn cameras while on

duty where the civilian employee has direct supervision of an

incarcerated individual with only intermittent security supervision. In

instances where the commissioner has required a civilian to wear a

body-worn camera while on duty, such cameras shall be activated and

shall record:

(a) while interacting with an incarcerated individual, regardless of

the existence of fixed-video monitoring; and

(b) while such employee is in the area of a use of force incident,

including any physical aggression or use of a non-lethal or lethal

weapon.

4. The department shall preserve recordings of such body-worn cameras

for at least ninety days.

5. The department shall perform all necessary maintenance on the

equipment used in such body-worn camera program established pursuant to

this section.

6. The commissioner of the department shall solely determine the

timing and appropriateness of any review or provision of body-worn

camera footage to an employee prior to that employee being required to

answer questions subject to paragraph (g) of subdivision one of section

two hundred nine-a of the civil service law, or prior to an employment

disciplinary hearing regarding the potential misconduct of such

employee.

Fixed camera coverage. 1. Definitions. For the purposes of

this section, the following terms shall have the following meanings:

(a) "Covered facility" means any institution or correctional facility

operated by the department of corrections and community supervision.

(b) "Covered vehicle" means any vehicle used for the transport of

incarcerated individuals.

(c) "Comprehensive camera coverage" means the installation, operation,

and maintenance of fixed or stationary cameras sufficient to capture,

without complete fixed obstruction, audio and clear visual footage of

the activities and movement of all persons within all housing units,

common areas, medical units, corridors, program and service areas,

entrances, exits, and other spaces in which incarcerated individuals are

present in each such covered facility, operating twenty-four hours a

day, with the exception of the interior of cells, showers, and toilet

areas and operating within each covered vehicle at any time such vehicle

is occupied by any individual.

(d) "Recording request" means a formal request for access to fixed or

stationary camera footage made by legal representatives, prosecutors,

defendants, or their counsel, relevant to any investigation or legal

proceeding involving a covered facility.

2. Within one hundred eighty days of the effective date of this

section, the commissioner shall develop a plan to establish

comprehensive camera coverage for each covered facility and within each

covered vehicle, which shall include the financial and operational

feasibility of establishing such coverage and storing and retaining

footage of such coverage, as well as reasonable projected timelines for

implementation at each facility. Upon completion of the written plan,

the commissioner shall promptly transmit the plan to the speaker of the

assembly, the temporary president of the senate, and the governor.

3. Following transmission of the written plan required pursuant to

subdivision two of this section, the commissioner shall immediately take

all reasonable and necessary steps to commence implementation of the

plan and to establish comprehensive camera coverage at each covered

facility and within each covered vehicle in accordance with the

timelines set forth therein, subject to the availability of appropriated

funds. Nothing in this section shall be construed to prohibit or

discourage the commissioner from initiating implementation of any

component of the plan prior to such transmission.

4. Within one hundred eighty days of the effective date of this

section, the commissioner shall promulgate rules and regulations to

ensure that once a covered facility or covered vehicle has been equipped

with comprehensive camera coverage, such covered facility or covered

vehicle shall maintain a consistent state of coverage. Such rules and

regulations shall, at a minimum, include:

(a) routine inspection of camera placement, functionality, image

quality, and data retention;

(b) protocols for addressing non-functioning cameras, including

reasonable timeframes for repair or replacement;

(c) procedures for documenting and investigating equipment failures or

gaps in coverage, including blind spots;

(d) requirements for retention, storage, and secure access to camera

footage, including a minimum retention period of no less than sixty days

for all footage, and a requirement that any footage related to an

investigation by the department's office of special investigations

regarding an allegation of staff misconduct or criminal activity be

preserved for no less than five years, or longer if required by law,

investigation, litigation hold, or administrative proceeding; and

(e) regular review of camera systems to ensure continued effectiveness

in promoting safety, accountability, and facility operations.

5. Fixed or stationary camera footage from covered facilities and

covered vehicles under this section shall be provided if a formal

recording request is made and accompanied by a valid subpoena or a court

order issued by a court of competent jurisdiction. Nothing in this

subdivision shall be construed to prohibit or restrict the disclosure of

audio recordings or video footage to any person or entity otherwise

lawfully entitled to receive such recordings or footage pursuant to law,

court order, or lawful process.

6. The office of the state inspector general may receive and

investigate complaints from any source, or upon the inspector general's

own initiative, concerning allegations of failure to adhere to the

provisions of this section. The office of the state inspector general

may also conduct audits of covered facilities, as appropriate, to ensure

compliance with this section.

7. The commissioner shall make an annual report to the speaker of the

assembly, the temporary president of the senate, the governor, and the

state inspector general of the actions taken pursuant to this section

including, but not limited to, documentation of incidents and

investigations regarding equipment failures or gaps in coverage

beginning one year after the effective date of this section; provided,

however, that the report shall be prepared in a manner that does not

undermine or compromise facility security, the safety of staff or

incarcerated individuals, or ongoing investigations.

Correctional education. 1. The objective of correctional

education in its broadest sense should be the socialization of the

incarcerated individuals through varied impressional and expressional

activities, with emphasis on individual incarcerated individual needs.

The objective of this program shall be the return of these incarcerated

individuals to society with a more wholesome attitude toward living,

with a desire to conduct themselves as good citizens, and with the skill

and knowledge which will give them a reasonable chance to maintain

themselves and their dependents through honest labor. To this end each

incarcerated individual shall be given a program of education which, on

the basis of available data, seems most likely to further the process of

socialization and rehabilitation. Provided that, the commissioner, in

consultation with the commissioner of education, shall develop a

curricula for and require provision of an education program to all

incarcerated individual, on a periodic basis, on the consequences and

prevention of shaken baby syndrome which may include the viewing of a

video presentation thereon. The time daily devoted to such education

shall be such as is required for meeting the above objectives. The

director of education, subject to the direction of the commissioner and

after consultation with the commissioner of education, shall develop the

curricula and the education programs that are required to meet the

special needs of each correctional facility in the department. The

commissioner of education, in cooperation with the commissioner and the

director of education, shall set up the educational requirements for the

certification of teachers in all such correctional facilities. Such

educational requirements shall be sufficiently broad and comprehensive

to include training in penology, sociology, psychology, philosophy, in

the special subjects to be taught, and in any other professional courses

as may be deemed necessary by the responsible officers, and shall

include training relating to the consequences and prevention of shaken

baby syndrome which may include the viewing of a video presentation

thereon. No certificates for teaching service in the state institutions

shall be issued unless a minimum of four years of training beyond the

high school has been secured, or an acceptable equivalent. Existing

requirements for the certification of teachers in the institutions shall

continue in force until changed pursuant to the provisions of this

section.

2. All incarcerated individuals admitted to the department serving a

determinate term of imprisonment, or an indeterminate sentence of

imprisonment other than a sentence of life imprisonment without parole,

who have been evaluated upon admission pursuant to subdivision one of

section one hundred thirty-seven of this article and are determined to

be capable of successfully completing the academic course work required

for the test assessing secondary completion, shall be provided with the

opportunity to complete such course work at least two months prior to

the date on which such incarcerated individual may be paroled,

conditionally released, released to post-release supervision pursuant to

section 70.40 of the penal law, or presumptively released, pursuant to

section eight hundred three of this chapter. Upon admission to the

department, such incarcerated individuals will be provided with written

notice that the test assessing secondary completion programs are

available for all incarcerated individuals who so apply.

3. The department shall ensure that academic education programs which

provide the appropriate curriculum and certified academic staff for the

test assessing secondary completion instruction are available at all

correctional facilities housing incarcerated individuals who are

eligible as specified in subdivision two of this section. The department

shall provide academic staff who are qualified to provide such

instruction and who are members of the competitive class of the civil

service of New York state. The department shall develop a plan for

implementation of the test assessing secondary completion requirement

which shall be presented to the assembly standing committee on

correction and the senate standing committee on crime victims, crime and

correction on or before April first, two thousand nineteen.

Program of treatment, control, discipline at correctional

facilities. 1. The commissioner shall establish program and

classification procedures designed to assure the complete study of the

background and condition of each incarcerated individual in the care or

custody of the department and the assignment of such incarcerated

individual to a program that is most likely to be useful in assisting

him or her to refrain from future violations of the law. Such procedures

shall be incorporated into the rules and regulations of the department

and shall require among other things: consideration of the physical,

mental and emotional condition of the incarcerated individual;

consideration of his or her educational and vocational needs; enrollment

of each incarcerated individual in assigned programs as soon as

practicable; consideration of the danger he or she presents to the

community or to other incarcerated individuals; the recording of

continuous case histories including notations as to apparent success or

failure of treatment employed; and periodic review of case histories and

treatment methods used.

2. The commissioner shall provide for such measures as he or she may

deem necessary or appropriate for the safety, security and control of

correctional facilities and the maintenance of order therein.

3. Each incarcerated individual shall be entitled to clothing suited

to the season and weather conditions and to a sufficient quantity of

wholesome and nutritious food. To the extent practicable, the clothing

and bedding of incarcerated individuals shall be manufactured and

laundered in institutions in the department.

3-a. The commissioner shall establish a program to purchase fresh

produce from farms located in the state and distribute such fresh

produce to correctional facilities in the state to be utilized in the

provision of wholesome and nutritious food to incarcerated individuals

pursuant to the provisions of this section.

4. Whenever there shall be a sufficient number of cells or rooms in a

correctional facility, each incarcerated individual shall be given

sleeping accommodations in a separate cell or room, provided, however,

that nothing herein contained shall be construed so as to limit the

right of the department to utilize dormitory-type accommodations where

necessary or where appropriate to a program of treatment.

5. No incarcerated individual in the care or custody of the department

shall be subjected to degrading treatment, and no officer or other

employee of the department shall inflict any blows whatever upon any

incarcerated individual, unless in self defense, or to suppress a revolt

or insurrection. When any incarcerated individual, or group of

incarcerated individuals, shall offer violence to any person, or do or

attempt to do any injury to property, or attempt to escape, or resist or

disobey any lawful direction, the officers and employees shall use all

suitable means to defend themselves, to maintain order, to enforce

observation of discipline, to secure the persons of the offenders and to

prevent any such attempt or escape.

6. Except as provided in paragraphs (d) and (e) of this subdivision,

the superintendent of a correctional facility may keep any incarcerated

individual confined in a cell or room, apart from the accommodations

provided for incarcerated individuals who are participating in programs

of the facility, for such period as may be necessary for maintenance of

order or discipline, but in any such case the following conditions shall

be observed:

(a) The incarcerated individual shall be supplied with a sufficient

quantity of wholesome and nutritious food;

(b) Adequate sanitary and other conditions required for the health of

the incarcerated individual shall be maintained;

(c) Where such confinement is for a period in excess of twenty-four

hours, the superintendent shall arrange for the facility health services

director, or a registered nurse or physician's associate approved by the

facility health services director to visit such incarcerated individual

at the expiration of twenty-four hours and at least once in every

twenty-four hour period thereafter, during the period of such

confinement, to examine into the state of health of the incarcerated

individual, and the superintendent shall give full consideration to any

recommendation that may be made by the facility health services director

for measures with respect to dietary needs or conditions of confinement

of such incarcerated individual required to maintain the health of such

incarcerated individual; and

(d) (i) Except as set forth in clause (E) of subparagraph (ii) of this

paragraph, the department, in consultation with mental health

clinicians, shall divert or remove incarcerated individuals with serious

mental illness, as defined in paragraph (e) of this subdivision, from

segregated confinement or confinement in a residential rehabilitation

unit, where such confinement could potentially be for a period in excess

of thirty days, to a residential mental health treatment unit. Nothing

in this paragraph shall be deemed to prevent the disciplinary process

from proceeding in accordance with department rules and regulations for

disciplinary hearings.

(ii) (A) Upon placement of an incarcerated individual into segregated

confinement or a residential rehabilitation unit at a level one or level

two facility, a suicide prevention screening instrument shall be

administered by staff from the department or the office of mental health

who has been trained for that purpose. If such a screening instrument

reveals that the incarcerated individual is at risk of suicide, a mental

health clinician shall be consulted and appropriate safety precautions

shall be taken. Additionally, within one business day of the placement

of such an incarcerated individual into segregated confinement at a

level one or level two facility or a residential rehabilitation unit,

the incarcerated individual shall be assessed by a mental health

clinician.

(B) Upon placement of an incarcerated individual into segregated

confinement or a residential rehabilitation unit at a level three or

level four facility, a suicide prevention screening instrument shall be

administered by staff from the department or the office of mental health

who has been trained for that purpose. If such a screening instrument

reveals that the incarcerated individual is at risk of suicide, a mental

health clinician shall be consulted and appropriate safety precautions

shall be taken. All incarcerated individuals placed in segregated

confinement or a residential rehabilitation unit at a level three or

level four facility shall be assessed by a mental health clinician,

within seven days of such placement into segregated confinement.

(C) At the initial assessment, if the mental health clinician finds

that an incarcerated individual suffers from a serious mental illness,

that person shall be diverted or removed from segregated confinement or

a residential rehabilitation unit and a recommendation shall be made

whether exceptional circumstances, as described in clause (E) of this

subparagraph, exist. In a facility with a joint case management

committee, such recommendation shall be made by such committee. In a

facility without a joint case management committee, the recommendation

shall be made jointly by a committee consisting of the facility's

highest ranking mental health clinician, the deputy superintendent for

security, and the deputy superintendent for program services, or their

equivalents. Any such recommendation shall be reviewed by the joint

central office review committee. The administrative process described in

this clause shall be completed within seven days of the initial

assessment, and if the result of such process is that the incarcerated

individual should be removed from segregated confinement or a

residential rehabilitation unit, such removal shall occur as soon as

practicable, but in no event more than seventy-two hours from the

completion of the administrative process. Pursuant to paragraph (h) of

this subdivision, nothing in this section shall permit the placement of

an incarcerated person with serious mental illness into segregated

confinement at any time, even for the purposes of assessment.

(D) If an incarcerated individual with a serious mental illness is not

diverted or removed to a residential mental health treatment unit, such

incarcerated individual shall be diverted to a residential

rehabilitation unit and reassessed by a mental health clinician within

fourteen days of the initial assessment and at least once every fourteen

days thereafter. After each such additional assessment, a recommendation

as to whether such incarcerated individual should be removed from a

residential rehabilitation unit shall be made and reviewed according to

the process set forth in clause (C) of this subparagraph.

(E) A recommendation or determination whether to remove an

incarcerated individual from segregated confinement or a residential

rehabilitation unit shall take into account the assessing mental health

clinicians' opinions as to the incarcerated individual's mental

condition and treatment needs, and shall also take into account any

safety and security concerns that would be posed by the incarcerated

individual's removal, even if additional restrictions were placed on the

incarcerated individual's access to treatment, property, services or

privileges in a residential mental health treatment unit. A

recommendation or determination shall direct the incarcerated

individual's removal from segregated confinement or a residential

rehabilitation unit except in the following exceptional circumstances:

(1) when the reviewer finds that removal would pose a substantial risk

to the safety of the incarcerated individual or other persons, or a

substantial threat to the security of the facility, even if additional

restrictions were placed on the incarcerated individual's access to

treatment, property, services or privileges in a residential mental

health treatment unit; or (2) when the assessing mental health clinician

determines that such placement is in the incarcerated individual's best

interests based on his or her mental condition and that removing such

incarcerated individual to a residential mental health treatment unit

would be detrimental to his or her mental condition. Any determination

not to remove an incarcerated individual with serious mental illness

from a residential rehabilitation unit shall be documented in writing

and include the reasons for the determination.

(iii) Incarcerated individuals with serious mental illness who are not

diverted or removed from a residential rehabilitation unit shall be

offered a heightened level of mental health care, involving a minimum of

three hours daily of out-of-cell therapeutic treatment and programming.

This heightened level of care shall not be offered only in the following

circumstances:

(A) The heightened level of care shall not apply when an incarcerated

individual with serious mental illness does not, in the reasonable

judgment of a mental health clinician, require the heightened level of

care. Such determination shall be documented with a written statement of

the basis of such determination and shall be reviewed by the Central New

York Psychiatric Center clinical director or his or her designee. Such a

determination is subject to change should the incarcerated individual's

clinical status change. Such determination shall be reviewed and

documented by a mental health clinician every thirty days, and in

consultation with the Central New York Psychiatric Center clinical

director or his or her designee not less than every ninety days.

(B) The heightened level of care shall not apply in exceptional

circumstances when providing such care would create an unacceptable risk

to the safety and security of incarcerated individuals or staff. Such

determination shall be documented by security personnel together with

the basis of such determination and shall be reviewed by the facility

superintendent, in consultation with a mental health clinician, not less

than every seven days for as long as the incarcerated individual remains

in a residential rehabilitation unit. The facility shall attempt to

resolve such exceptional circumstances so that the heightened level of

care may be provided. If such exceptional circumstances remain

unresolved for thirty days, the matter shall be referred to the joint

central office review committee for review.

(iv) All incarcerated individuals in segregated confinement in a level

one or level two facility or a residential rehabilitation unit who are

not assessed with a serious mental illness at the initial assessment

shall be offered at least one interview with a mental health clinician

within seven days of their initial mental health assessment, unless the

mental health clinician at the most recent interview recommends an

earlier interview or assessment. All incarcerated individuals in a

residential rehabilitation unit in a level three or level four facility

who are not assessed with a serious mental illness at the initial

assessment shall be offered at least one interview with a mental health

clinician within thirty days of their initial mental health assessment,

and additional interviews at least every ninety days thereafter, unless

the mental health clinician at the most recent interview recommends an

earlier interview or assessment.

(e) An incarcerated individual has a serious mental illness when he or

she has been determined by a mental health clinician to meet at least

one of the following criteria:

(i) he or she has a current diagnosis of, or is diagnosed at the

initial or any subsequent assessment conducted during the incarcerated

individual's segregated confinement with, one or more of the following

types of Axis I diagnoses, as described in the most recent edition of

the Diagnostic and Statistical Manual of Mental Disorders, and such

diagnoses shall be made based upon all relevant clinical factors,

including but not limited to symptoms related to such diagnoses:

(A) schizophrenia (all sub-types),

(B) delusional disorder,

(C) schizophreniform disorder,

(D) schizoaffective disorder,

(E) brief psychotic disorder,

(F) substance-induced psychotic disorder (excluding intoxication and

withdrawal),

(G) psychotic disorder not otherwise specified,

(H) major depressive disorders, or

(I) bipolar disorder I and II;

(ii) he or she is actively suicidal or has engaged in a recent,

serious suicide attempt;

(iii) he or she has been diagnosed with a mental condition that is

frequently characterized by breaks with reality, or perceptions of

reality, that lead the individual to experience significant functional

impairment involving acts of self-harm or other behavior that have a

seriously adverse effect on life or on mental or physical health;

(iv) he or she has been diagnosed with an organic brain syndrome that

results in a significant functional impairment involving acts of

self-harm or other behavior that have a seriously adverse effect on life

or on mental or physical health;

(v) he or she has been diagnosed with a severe personality disorder

that is manifested by frequent episodes of psychosis or depression, and

results in a significant functional impairment involving acts of

self-harm or other behavior that have a seriously adverse effect on life

or on mental or physical health; or

(vi) he or she has been determined by a mental health clinician to

have otherwise substantially deteriorated mentally or emotionally while

confined in segregated confinement and is experiencing significant

functional impairment indicating a diagnosis of serious mental illness

and involving acts of self-harm or other behavior that have a serious

adverse effect on life or on mental or physical health.

(f) The superintendent shall make a full report to the commissioner at

least once a week concerning the condition of such incarcerated

individual and shall forthwith report to the commissioner any

recommendation relative to health maintenance or health care delivery

made by the facility health services director and any recommendation

relative to mental health treatment or confinement of an incarcerated

individual with a serious mental illness made by the mental health

clinician pursuant to paragraphs (d) and (e) of this subdivision that is

not endorsed or carried out, as the case may be, by the superintendent.

(g) Within twenty-four hours of disciplinary confinement, keeplock

pending a disciplinary hearing, placement in a segregated confinement

unit for administrative purposes, or placement in a residential mental

health treatment unit, and at weekly intervals thereafter for the

duration of such confinement, an incarcerated individual shall be

permitted to make at least one personal phone call, except when to do so

would create an unacceptable risk to the safety and security of

incarcerated individuals or staff.

(h) Persons in a special population as defined in subdivision

thirty-three of section two of this chapter shall not be placed in

segregated confinement for any length of time, except in keeplock for a

period prior to a disciplinary hearing pursuant to paragraph (l) of this

subdivision. Individuals in a special population who are in keeplock

prior to a disciplinary hearing shall be given seven hours a day

out-of-cell time or shall be transferred to a residential rehabilitation

unit or residential mental health treatment unit as expeditiously as

possible, but in no case longer than forty-eight hours from the time an

individual is admitted to keeplock.

(i) (i) No person may be placed in segregated confinement for longer

than necessary and no more than fifteen consecutive days. Nor shall any

person be placed in segregated confinement for more than twenty total

days within any sixty day period except as otherwise provided in

subparagraph (ii) of this paragraph. At these limits, he or she must be

released from segregated confinement or diverted to a separate

residential rehabilitation unit. If placement of such person in

segregated confinement would exceed the twenty-day limit and the

department establishes that the person committed an act defined in

subparagraph (ii) of paragraph (k) of this subdivision, the department

may place the person in segregated confinement until admission to a

residential rehabilitation unit can be effectuated. Such admission to a

residential rehabilitation unit shall occur as expeditiously as possible

and in no case take longer than forty-eight hours from the time such

person is placed in segregated confinement.

(ii) For offenses determined pursuant to paragraph (l) of this

subdivision to constitute a violent felony act defined in subparagraph

(ii) of paragraph (k) of this subdivision, if occurring more than one

time within any sixty day period, up to an additional fifteen

consecutive days in segregated confinement may occur for each such

additional incident. If such subsequent incident takes place in a

residential rehabilitation unit or general population, the person may be

returned to segregated confinement for up to fifteen consecutive days.

If such subsequent incident takes place in segregated confinement and

causes physical injury to another person, the person may receive up to

an additional fifteen consecutive days in segregated confinement,

provided however that the person must spend at least fifteen days in a

residential rehabilitation unit in between each placement of up to

fifteen consecutive days in segregated confinement. Custody under this

subparagraph shall otherwise be in accordance with this chapter.

(j) (i) All segregated confinement and residential rehabilitation

units shall create the least restrictive environment necessary for the

safety of incarcerated persons, staff, and the security of the facility.

(ii) Persons in segregated confinement shall be offered out-of-cell

programming at least four hours per day, including at least one hour for

recreation. Persons admitted to residential rehabilitation units shall

be offered at least six hours of daily out-of-cell congregate

programming, services, treatment, recreation, activities and/or meals,

with an additional minimum of one hour for recreation. Recreation in all

residential rehabilitation units shall take place in a congregate

setting, unless exceptional circumstances mean doing so would create a

significant and unreasonable risk to the safety and security of other

incarcerated persons, staff, or the facility. Persons in segregated

confinement and residential rehabilitation units shall be offered

programming led by program or therapeutic staff five days per week,

except on recognized state legal holidays. All other out-of-cell time

may include peer-led programs, time in a day room or out-of-cell

recreation area with other people, congregate meals, volunteer programs,

or other congregate activities.

(iii) No limitation on services, treatment, or basic needs such as

clothing, food and bedding shall be imposed as a form of punishment. If

provision of any such services, treatment or basic needs to an

individual would create a significant and unreasonable risk to the

safety and security of incarcerated persons, staff, or the facility,

such services, treatment or basic needs may be withheld until it

reasonably appears that the risk has ended. The department shall not

impose restricted diets or any other change in diet as a form of

punishment. Persons in a residential rehabilitation unit shall have

access to all of their personal property unless an individual

determination is made that having a specific item would pose a

significant and unreasonable risk to the safety of incarcerated persons

or staff or the security of the unit.

(iv) Upon admission to a residential rehabilitation unit, program and

mental health staff shall administer assessments and develop an

individual rehabilitation plan in consultation with the resident, based

upon his or her medical, mental health, and programming needs. Such plan

shall identify specific goals and programs, treatment, and services to

be offered, with projected time frames for completion and discharge from

the residential rehabilitation unit.

(v) An incarcerated person in a residential rehabilitation unit shall

have access to programs and work assignments comparable to core programs

and types of work assignments in general population. Such incarcerated

persons shall also have access to additional out-of-cell,

trauma-informed therapeutic programming aimed at promoting personal

development, addressing underlying causes of problematic behavior

resulting in placement in a residential rehabilitation unit, and helping

prepare for discharge from the unit and to the community.

(vi) If the department establishes that a person committed an act

defined in subparagraph (ii) of paragraph (k) of this subdivision while

in segregated confinement or a residential rehabilitation unit and poses

a significant and unreasonable risk to the safety and security of other

incarcerated persons or staff, the department may restrict such person's

participation in programming and out-of-cell activities as necessary for

the safety of other incarcerated persons and staff. If such restrictions

are imposed, the department must provide at least four hours out-of-cell

time daily, including at least two hours of therapeutic programming and

two hours of recreation, and must make reasonable efforts to reinstate

access to programming as soon as possible. In no case may such

restrictions extend beyond fifteen days unless the person commits a new

act defined herein justifying restrictions on program access, or if the

commissioner and, when appropriate, the commissioner of mental health

personally reasonably determine that the person poses an extraordinary

and unacceptable risk of imminent harm to the safety or security of

incarcerated persons or staff. Any extension of program restrictions

beyond fifteen days must be meaningfully reviewed and approved at least

every fifteen days by the commissioner and, when appropriate, by the

commissioner of mental health. Each review must consider the impact of

therapeutic programming provided during the fifteen-day period on the

person's risk of imminent harm and the commissioner must articulate in

writing, with a copy provided to the incarcerated person, the specific

reason why the person currently poses an extraordinary and unacceptable

risk of imminent harm to the safety or security of incarcerated persons

or staff. In no case may restrictions imposed by the commissioner extend

beyond ninety days unless the person commits a new act defined herein

justifying restrictions on program access.

(vii) Restraints shall not be used when incarcerated persons are

participating in out-of-cell activities within a residential

rehabilitation unit unless an individual assessment is made that

restraints are required because of a significant and unreasonable risk

to the safety and security of other incarcerated persons or staff.

(k) (i) The department may place a person in segregated confinement

for up to three consecutive days and no longer than six days in any

thirty day period if, pursuant to an evidentiary hearing, it determines

that the person violated department rules which permit a penalty of

segregated confinement. The department may not place a person in

segregated confinement for longer than three consecutive days or six

days total in a thirty day period unless the provisions of subparagraph

(ii) of this paragraph are met.

(ii) The department may place a person in segregated confinement

beyond the limits of subparagraph (i) of this paragraph or in a

residential rehabilitation unit only if, pursuant to an evidentiary

hearing, it determines by written decision that the person committed one

of the following acts and if the commissioner or his or her designee

determines in writing based on specific objective criteria the acts were

so heinous or destructive that placement of the individual in general

population housing creates a significant risk of imminent serious

physical injury to staff or other incarcerated persons, and creates an

unreasonable risk to the security of the facility:

(A) causing or attempting to cause serious physical injury or death to

another person or making an imminent threat of such serious physical

injury or death if the person has a history of causing such physical

injury or death and the commissioner and, when appropriate, the

commissioner of mental health or their designees reasonably determine

that there is a strong likelihood that the person will carry out such

threat. The commissioner of mental health or his or her designee shall

be involved in such determination if the person is or has been on the

mental health caseload or appears to require psychiatric attention. The

department and the office of mental health shall promulgate rules and

regulations pertaining to this clause;

(B) compelling or attempting to compel another person, by force or

threat of force, to engage in a sexual act;

(C) extorting another, by force or threat of force, for property or

money;

(D) coercing another, by force or threat of force, to violate any

rule;

(E) leading, organizing, inciting, or attempting to cause a riot,

insurrection, or other similarly serious disturbance that results in the

taking of a hostage, major property damage, or physical harm to another

person;

(F) procuring a deadly weapon or other dangerous contraband that poses

a serious threat to the security of the institution; or

(G) escaping, attempting to escape or facilitating an escape from a

facility or escaping or attempting to escape while under supervision

outside such facility.

For purposes of this section, attempting to cause a serious

disturbance or to escape shall only be determined to have occurred if

there is a clear finding that the incarcerated individual had the intent

to cause a serious disturbance or the intent to escape and had completed

significant acts in the advancement of the attempt to create a serious

disturbance or escape. Evidence of withdrawal or abandonment of a plan

to cause a serious disturbance or to escape shall negate a finding of

intent.

(iii) No person may be placed in segregated confinement or a

residential rehabilitation unit based on the same act or incident that

was previously used as the basis for such placement.

(iv) No person may be held in segregated confinement for protective

custody. Any unit used for protective custody must, at a minimum,

conform to requirements governing residential rehabilitation units.

(l) All hearings to determine if a person may be placed in segregated

confinement shall occur prior to placement in segregated confinement

unless a security supervisor, with written approval of a facility

superintendent or designee, reasonably believes the person fits the

specified criteria for segregated confinement in subparagraph (ii) of

paragraph (k) of this subdivision. If a hearing does not take place

prior to placement, it shall occur as soon as reasonably practicable and

at most within five days of such placement unless the charged person

seeks a postponement of the hearing. Persons at such hearings shall be

permitted to be represented by any attorney or law student, or by any

paralegal or incarcerated person unless the department reasonably

disapproves of such paralegal or incarcerated person based upon

objective written criteria developed by the department.

(m) (i) Any sanction imposed on an incarcerated person requiring

segregated confinement shall run while the person is in a residential

rehabilitation unit and the person shall be discharged from the unit

before or at the time such sanction expires. If a person successfully

completes his or her rehabilitation plan before the sanction expires,

the person shall have a right to be discharged from the unit upon such

completion.

(ii) If an incarcerated person has not been discharged from a

residential rehabilitation unit within one year of initial admission to

such a unit or is within sixty days of a fixed or tentatively approved

date for release from a correctional facility, he or she shall have a

right to be discharged from the unit unless he or she committed an act

listed in subparagraph (ii) of paragraph (k) of this subdivision within

the prior one hundred eighty days and he or she poses a significant and

unreasonable risk to the safety or security of incarcerated persons or

staff. In any such case the decision not to discharge such person shall

be immediately and automatically subjected to an independent review by

the commissioner and the commissioner of mental health or their

designees. A person may remain in a residential rehabilitation unit

beyond the time limits provided in this section if both commissioners or

both of their designees approve this decision. In extraordinary

circumstances, a person who has not committed an act listed in

subparagraph (ii) of paragraph (k) of this subdivision within the prior

one hundred eighty days, may remain in a residential rehabilitation unit

beyond the time limits provided in this section if both the commissioner

and the commissioner of mental health personally determine that such

individual poses an extraordinary and unacceptable risk of imminent harm

to the safety or security of incarcerated persons or staff.

(iii) There shall be a meaningful periodic review of the status of

each incarcerated person in a residential rehabilitation unit at least

every sixty days to assess the person's progress and determine if the

person should be discharged from the unit. Following such periodic

review, if the person is not discharged from the unit, program and

mental health staff shall specify in writing the reasons for the

determination and the program, treatment, service, and/or corrective

action required before discharge. The incarcerated person shall be given

access to the programs, treatment and services specified, and shall have

a right to be discharged from the residential rehabilitation unit upon

the successful fulfillment of such requirements.

(iv) When an incarcerated person is discharged from a residential

rehabilitation unit, any remaining time to serve on any underlying

disciplinary sanction shall be dismissed. If an incarcerated person

substantially completes his or her rehabilitation plan, he or she shall

have any associated loss of good time restored upon discharge from the

unit.

(n) All special housing unit, keeplock unit and residential

rehabilitation unit staff and their supervisors shall undergo

specialized training prior to assignment to such unit, and regular

specialized training thereafter, on substantive content developed in

consultation with relevant experts, on topics including, but not limited

to, the purpose and goals of the non-punitive therapeutic environment,

trauma-informed care, restorative justice, and dispute resolution

methods. Prior to presiding over any hearings, all hearing officers

shall undergo a minimum of thirty-seven hours of training, with one

additional day of training annually thereafter, on relevant topics,

including but not limited to, the physical and psychological effects of

segregated confinement, procedural and due process rights of the

accused, and restorative justice remedies.

(o) The department shall publish monthly reports on its website, with

semi-annual and annual cumulative reports, of the total number of people

who are in segregated confinement and the total number of people who are

in residential rehabilitation units on the first day of each month. The

reports shall provide a breakdown of the number of people in segregated

confinement and in residential rehabilitation units by: (i) age; (ii)

race; (iii) gender; (iv) mental health treatment level; (v) special

health accommodations or needs; (vi) need for and participation in

substance use disorder programs; (vii) pregnancy status; (viii)

continuous length of stay in residential treatment units as well as

length of stay in the past sixty days; (ix) number of days in segregated

confinement; (x) a list of all incidents resulting in sanctions of

segregated confinement by facility and date of occurrence; (xi) the

number of incarcerated persons in segregated confinement by facility;

and (xii) the number of incarcerated persons in residential

rehabilitation units by facility.

Institutional rules and regulations for incarcerated

individuals at all correctional facilities. 1. All institutional rules

and regulations defining and prohibiting incarcerated individuals

misconduct shall be published and posted in prominent locations within

the institution and set forth in both the English and Spanish language.

2. All incarcerated individuals shall be provided with written copies

of these rules and regulations upon admission to the institution and all

incarcerated individuals presently incarcerated in a correctional

facility shall be provided with written copies of these rules and

regulations.

3. Facility rules shall be specific and precise giving all

incarcerated individuals actual notice of the conduct prohibited.

Facility rules shall state the range of disciplinary sanctions which can

be imposed for violation of each rule.

4. Incarcerated individuals shall not be disciplined for making

written or oral statements, demands, or requests involving a change of

institutional conditions, policies, rules, regulations, or laws

affecting an institution.

5. No incarcerated individual shall be disciplined except for a

violation of a published and posted written rule or regulation, a copy

of which has been provided the incarcerated individual.

6. All rules and regulations pertaining to incarcerated individuals

established by the department of corrections and community supervision

and all rules and regulations pertaining to incarcerated individuals

established by any institutional staff at any state correctional

facility shall be reviewed annually by the commissioner of the

department of corrections and community supervision.

7. De-escalation, intervention, informational reports and the

withdrawal of incentives shall be the preferred methods of responding to

misbehavior unless the department determines that non-disciplinary

interventions have failed, or that non-disciplinary interventions would

not succeed and the misbehavior involved an act listed in subparagraph

(ii) of paragraph (k) of subdivision six of section one hundred

thirty-seven of this article, in which case, as a last resort, the

department shall have the authority to issue misbehavior reports, pursue

disciplinary charges, or impose new or additional segregated confinement

sanctions.

Notification of visitation policies. The commissioner of the

department of corrections and community supervision shall establish and

maintain on its public website information concerning specific

visitation rules, regulations, policies and procedures for each

correctional facility. Such information shall include, but not be

limited to, visiting days and hours, length and number of allowable

visits, maximum number of people per visit, dress code, guidelines for

people with medical and other special needs including physical access

and restrictions on medications while in the facility, infant care, and

items which are restricted or prohibited by visitors. The commissioner

shall regularly update the information provided on the website pursuant

to this section in order to ensure that such information is accurate and

that visitors are notified of any new or changed rules, regulations,

policies and procedures. In addition, the commissioner shall designate a

telephone number or numbers that persons may call for information about

the visiting rules, regulations, policies and procedures at the various

facilities. Such telephone number or numbers shall also be posted on the

website.

Permitted entry by peer support advocates. Peer support

advocates who are certified or licensed by a state agency, or a state

authorized entity including the New York certification board, or a

nationally recognized accrediting agency or association, and are

participating in the provision of corrections-based substance use

disorder treatment and transition services, including but not limited to

medication assistant treatment, pursuant to section 19.18-c of the

mental hygiene law, shall not be unreasonably denied entry into

correctional facilities solely based on such advocates' history of prior

incarceration.

Grievance procedures. 1. The commissioner shall establish, in

each correctional institution under his or her jurisdiction, grievance

resolution committees to resolve grievances of persons within such

correctional institution. Such grievance resolution committees shall

consist of five persons four of whom shall be entitled to vote, two of

whom shall be incarcerated individuals of such correctional institution,

and a non-voting chairman.

2. The commissioner shall promulgate rules and regulations

establishing such procedures for the fair, simple and expeditious

resolution of grievances as shall be deemed appropriate, having due

regard for the constitutions and laws of the United States and of the

state of New York. Such procedures shall include but not be limited to

setting time limitations for the filing of complaints and replies

thereto and for each stage of the grievance resolution process.

3. A person aggrieved by the decision of a grievance resolution

committee may apply to the commissioner for review of the decision. The

commissioner or his deputy may take such action as he deems appropriate

to fairly and expeditiously resolve the grievance to the satisfaction of

all parties.

4. The commission shall annually evaluate and assess the grievance

procedures in correctional facilities, and make any recommendations with

respect to the proper operation or improvement of the grievance

procedures and provide such report to the commissioner and the chairmen

of the senate codes and crime and corrections and assembly codes and

correction committees.

5. The commissioner shall semi-annually report to the chairmen of the

senate codes and crime and corrections committees and the assembly codes

and correction committees on the nature and type of incarcerated

individual grievances and unusual incidents, by facility.

6. The commissioner shall, upon request, provide the commission with

any information or data necessary for the commission to carry out the

mandates of this section.

Provision for routine medical, dental and mental health

services and treatment. 1. Where an incarcerated individual who is not

yet eighteen years of age has been committed or transferred to the

custody of the department and no medical consent has been obtained prior

to commitment or transfer, the commitment order shall be deemed to grant

to the minor the capacity to consent to routine medical, dental and

mental health services and treatment to such an individual.

2. Subject to the regulations of the department of health, routine

medical, dental and mental health services and treatment is defined for

the purposes of this section to mean any routine diagnosis or treatment,

including without limitation the administration of medications or

nutrition, the extraction of bodily fluids for analysis, and dental care

performed with a local anesthetic. Routine mental health treatment shall

not include psychiatric administration of medication unless it is part

of an ongoing mental health plan or unless it is otherwise authorized by

law.

3. (a) At any time prior to the date the incarcerated individual

becomes eighteen years of age, the incarcerated individual's parent or

legal guardian may institute legal proceedings pursuant to section 70.20

of the penal law objecting to the provision of routine medical, dental

or mental health services and treatment being provided to the

incarcerated individual.

(b) Such notice of motion shall be served on the incarcerated

individual, the facility and the department not less than seven days

prior to the return date of the motion. The persons on whom the notice

of motion is served shall answer the motion not less than two days

before the return date. On examining the motion and answer and, in its

discretion, after hearing argument, the court shall enter an order,

granting or denying the motion.

4. Nothing in this section shall preclude an incarcerated individual

from consenting on his or her own behalf to any medical, dental or

mental health service and treatment where otherwise authorized by law to

do so.

5. The department shall, to the best of its ability, provide all

sentenced incarcerated individuals with educational programs focused on

the importance of preventative health care measures that includes, but

is not limited to, breast self-examinations.

Contagious disease in facility. In case any pestilence or

contagious disease shall break out among the incarcerated individuals in

any of the correctional facilities, or in the vicinity of such

facilities, the commissioner of correction may cause the incarcerated

individuals confined in such facility, or any of them, to be removed to

some suitable place of security, where such of them as may be sick shall

receive all necessary care and medical assistance; such incarcerated

individuals shall be returned as soon as may be feasible to the facility

from which they were taken, to be confined therein according to their

respective sentences.

Fire in facility. Whenever by reason of any correctional

facility, or any building contiguous to such facility, being on fire,

there shall be reason to apprehend that the incarcerated individuals may

be injured or endangered by such fire, or may escape, it shall be the

duty of the superintendent of such facility to remove such incarcerated

individuals to some safe and convenient place, and there confine them

until the necessity of such removal shall have ceased.

Custody of persons convicted of crimes against the United

States. The commissioner is authorized to enter into agreements for the

care and custody of persons convicted and sentenced to imprisonment by

the United States courts in this state. Persons may be confined in

correctional facilities pursuant to any such agreement and all

provisions of law applicable to the care and custody of incarcerated

individuals sentenced by courts of this state, except provisions

governing the duration of sentence and other related incidents of the

sentence provided by federal law, shall apply to the care and custody of

such persons.

Persons authorized to visit correctional facilities. 1. The

following persons shall be authorized to visit at pleasure all

correctional facilities: The governor and lieutenant-governor,

commissioner of general services, secretary of state, comptroller and

attorney-general, members of the commission of correction, members of

the legislature and their accompanying staff and any employee of the

department as requested by the member of the legislature if the member

requests to be so accompanied, provided that such request does not

impact upon the department's ability to supervise, manage and control

its facilities as determined by the commissioner, judges of the court of

appeals, supreme court and county judges, district attorneys and every

clergyman or minister, as such terms are defined in section two of the

religious corporations law, having charge of a congregation in the

county wherein any such facility is situated. No other person not

otherwise authorized by law shall be permitted to enter a correctional

facility except by authority of the commissioner of correction under

such regulations as the commissioner shall prescribe.

2. Notwithstanding any other provision of law to the contrary, on each

September thirteenth anniversary date of the nineteen hundred

seventy-one retaking of Attica correctional facility, in the absence of

an emergency situation or other exigent circumstance, the commissioner

shall ensure that any surviving state employees who were held as

hostages and any immediate family members, as that term is defined in

subdivision four of section 120.40 of the penal law, of any of the state

employees who were held hostage for any period by rioting incarcerated

individuals during the period from September ninth through September

thirteenth, nineteen hundred seventy-one, shall be afforded access to

the outside grounds of Attica correctional facility to conduct a private

commemorative ceremony in front of the Attica monument upon which are

inscribed the names of employees who died as a result of the uprising

and subsequent retaking.

3. a. Notwithstanding any other provision of law to the contrary, the

correctional association shall be permitted to access, visit, inspect,

and examine all state correctional facilities with twenty-four hours

advance notice to the department. For any visit that will include units

or areas staffed by the office of mental health, such notice shall also

be provided to the office of mental health. Up to twelve people may

comprise the visiting party; provided, however, that only four people

from the party may enter a special housing facility or unit at the same

time. Prior to the visitation authorized pursuant to this subdivision,

the correctional association shall provide to the department on, at

least, an annual basis a list of people who will be visiting the

facility or facilities, including names, dates of birth, driver's

license numbers and their designation as an employee, board member, or

designee in order for the department to perform prompt background

checks. The department may place restrictions on such visits and

inspections when a facility is locked down or experiencing a facility

wide emergency. In addition, the department may restrict access to a

portion of a facility in an emergency situation for the duration of the

emergency. For the purpose of this subdivision, an emergency shall be

determined by the commissioner or the commissioner's designee and

defined as a significant risk to the safety or security of the facility,

or the health, safety or security of staff or incarcerated individuals,

or an event that significantly compromises the operations of the

facility.

b. Upon twenty-four hours advance notice, at the commencement or

conclusion of any visits to, or inspections and examinations of, state

correctional facilities, the superintendent and executive team, to the

extent practicable, shall meet with the correctional association. Upon

twenty-four hours advance notice, and with the consent of the party, the

correctional association may meet privately, without representatives of

the central office present, with representatives of the office of mental

health and any other entities or agencies that are providing services in

a facility, the incarcerated individual liaison committee and

representatives of the incarcerated individual grievance resolution

committee or any other organization of incarcerated individuals

recognized by the department.

c. During the course of any such visit, inspection or examination, and

upon consent of the person being interviewed, the correctional

association shall have the power to interview and converse publicly or

confidentially with any correctional employee or administrator, any

incarcerated individual, and any other person providing, supervising, or

monitoring services in a correctional facility, whether or not employed

by such facility. Such interviews shall not be restricted by the

department or the office of mental health or any other agency or

attended by anyone on behalf of the department or the office of mental

health or any other agency, nor shall there be any retaliation or

adverse action taken by the department or other state agency against

anyone who speaks with the correctional association. The department may

not limit the number of individuals the correctional association may

interview or the duration of the interviews, in any manner unreasonable

under the circumstances. During the course of any visit, inspection or

examination, the correctional association shall have the power to

conduct private, confidential meetings reasonable in number under the

circumstances with incarcerated individuals in housing units and in

attorney visiting rooms or other rooms in the facility in which their

conversations will remain confidential. No department employee may

attend or listen to any such meeting without the consent of the

correctional association.

d. The correctional association, on a quarterly basis, may request

and, to the extent practicable, receive from the department in a form

and manner prescribed by the department the following information and

records:

(i) individual-level records for all individuals admitted into custody

during the previous quarter, under custody at the end of the previous

quarter, released from custody during the previous quarter, and on

parole at the end of the previous quarter;

(ii) departmental staffing levels at each facility at the end of the

previous quarter;

(iii) under custody deaths at each facility during the previous

quarter;

(iv) report-level unusual incidents during the previous quarter;

(v) the number and type of disciplinary hearings held at each facility

during the previous quarter, including charges and sanctions imposed;

(vi) the number and type of grievances filed at each facility during

the previous quarter; and

(vii) incarcerated individuals at each facility enrolled in

programming and academic and vocational education during the previous

quarter.

e. The correctional association shall periodically, but not less than

every five years, conduct inspections of each state correctional

facility and issue reports and recommendations to the governor, the

legislature and the public about the conditions and issues at

correctional facilities. When preparing such formal reports and

recommendations, the correctional association shall submit a tentative

copy of such report and recommendations to the commissioner. The

commissioner may submit a written response to such tentative report

within sixty days of the receipt thereof. When the correctional

association thereafter submits its final report and recommendations, it

shall contain a complete copy of the response, if any, submitted to the

tentative report and recommendations.

f. The correctional association may send surveys or questionnaires to

people in custody or employees concerning conditions of confinement,

working conditions, or other subjects within the scope of their mission

without prior approval of the department. People incarcerated shall be

permitted to confidentially complete and return to the correctional

association such surveys. The correctional association may also receive

free phone calls from incarcerated individuals through a hotline set up

by the correctional association for individuals to use if they choose to

contact them, and the department shall not track or monitor such calls.

Physical mail received and sent to the correctional association is

defined as privileged correspondence, and any and all processing

controls, allowances for limited free postage, and advances of

incarcerated individual funds for postage shall apply to privileged

correspondence received and sent to the correctional association. For

the purposes of this section, identical incoming blank surveys and

questionnaires shall not be defined as privileged correspondence.

g. The access, visits, and inspection of state correctional facilities

by the correctional association pursuant to this subdivision shall be

undertaken solely in furtherance of the correctional association's

lawful powers, duties and obligations, and information obtained pursuant

to these powers shall be used solely in furtherance of the correctional

association's mission. Employees, board members and designees shall be

required to sign an acknowledgement of the foregoing as a condition of

entry into a correctional facility pursuant to this subdivision.

Noncitizen incarcerated individuals of correctional facilities.

The commissioner shall within three months after admission of a

noncitizen incarcerated individual to a correctional facility cause an

investigation to be made of the record and past history of such

noncitizen and shall upon the termination of such investigation cause

the record of such noncitizen, together with all facts disclosed by such

investigation, and his or her recommendations as to deportation, to be

forwarded to the United States immigration authorities having such

matters in charge.

Psychiatric and diagnostic clinics. The commissioner of

corrections and community supervision is hereby authorized and directed

to assist and cooperate with the commissioner of mental health in the

establishment and conduct of such psychiatric and diagnostic clinics in

the institutions and facilities under their jurisdiction as such

commissioners may deem necessary within the amount appropriated

therefor. The persons conducting the work of such clinics shall

determine the physical and mental condition of all incarcerated

individuals serving an indeterminate term, having a minimum of one day

and a maximum of natural life, and of such other incarcerated

individuals whose criminal record, behavior or other factors indicate to

those in charge of such clinics the need of study and treatment. The

work of the clinics shall include scientific study and psychiatric

evaluation of each such incarcerated individual, including his or her

career and life history, investigation of the cause of the crime and

recommendations for the care, training and employment of such

incarcerated individuals with a view to their reformation and to the

protection of society. Each of the different phases of the work of the

clinics shall be so coordinated with all the other phases of clinic work

as to be a part of a unified and comprehensive scheme in the study and

treatment of such incarcerated individuals. After classification in the

clinics the incarcerated individual sentenced to state prison shall be

certified to the warden and recommendation made to the commissioner of

corrections and community supervision as to their disposition.

Released incarcerated individuals; notification to sheriff,

police, and district attorney. In the case of any incarcerated

individual convicted of a felony, it shall be the duty of the department

at least forty-eight hours prior to the release of any such incarcerated

individual from a correctional facility to notify the chief of police

both of the city, town or village in which such incarcerated individual

proposes to reside and of the city, town or village in which such

incarcerated individual resided at the time of his or her conviction and

the district attorney of the county where the offense for which the

incarcerated individual is incarcerated was prosecuted, of the

contemplated release of such incarcerated individual, informing such

chief of police and the district attorney of the name and aliases of the

incarcerated individual, the address at which he or she proposes to

reside, the amount of time remaining to be served, if any, on the full

term for which he or she was sentenced, and the nature of the crime for

which he or she was sentenced, transmitting at the same time to the

chief of police a copy of such incarcerated individual's fingerprints

and photograph. Where such incarcerated individual proposes to reside

outside of a city, such notification shall be sent to the sheriff of the

county in which such incarcerated individual proposes to reside. Such

notification may be provided by electronic transmission to those willing

jurisdictions that have the capability of receiving electronic

transmission notification. Any chief of police or sheriff who receives

notification of a released incarcerated individual pursuant to this

section may request and receive from the division of criminal justice

services a report containing a summary of such incarcerated individual's

criminal record.

Definitions. As used in this article:

1. "City" means the City of New York.

2. "Commissioner" means the commissioner of correction of the city

provided, however, that if there shall be established by law a

correctional administration in the city, "commissioner" shall mean the

correctional administrator of the City.

3. "Department" means the department of correction of the city

provided, however, that if there shall be established by law a

correctional administration in the city, "department" shall mean such

administration.

4. "Work release program" means a program in which the limits of place

of confinement are extended for the purpose of seeking or engaging in

employment or self-employment, attending an educational institution,

participating in a training program, or obtaining medical treatment not

otherwise available, caring for the prisoner's household and family or

for some other compelling reason consistent with the public interest.

Work Release Program. The department shall establish work

release programs for prisoners sentenced to New York City correctional

institutions. The commissioner may extend the limits of the place of

confinement of a prisoner as to whom there is reasonable cause to

believe he will honor his trust by authorizing him to participate in a

work release program in the community on a voluntary basis while

continuing as a prisoner of the institution or facility in which he is

confined. An extension of limits shall be under such prescribed

conditions and for such reasonable hours or reasonable periods of time

as the commissioner deems necessary. Such extension of limits may be

withdrawn at any time.

Employment. The department shall endeavor to secure employment

for a prisoner deemed eligible to participate in a work release program

and assist him in contacting prospective employers. In carrying out this

function, the department shall coordinate its efforts with other

departments or agencies furnishing employment placement services.

Conditions of Employment. 1. A prisoner shall be permitted to

be employed only if:

(a) The rates of pay and other conditions of employment will not be

less than those paid or provided for work of similar nature in the

locality in which the work is to be performed.

(b) The commissioner finds, after consultation with representatives of

local union central bodies or similar labor union organizations, that

such employment will not result in the displacement of employed workers,

impair existing contracts for services, or be applied, except where a

prisoner is to be hired by an employer for whom he worked prior to his

conviction, in skills, crafts, or trades in which there is a surplus of

available gainful labor in the locality.

2. The State Department of Labor shall exercise the same supervision

over conditions of employment for prisoners participating in work

release programs as such department does over conditions of employment

for free persons.

3. In no event shall a prisoner be employed in an establishment which

has a labor dispute.

Disposition of Earnings. The earnings of a prisoner

participating in a work release program, less any payroll deductions

required or authorized by law, shall be deposited with the department in

a trust fund account. Such earnings shall not be subject to attachment

or garnishment in the hands of the department. The commissioner is

authorized to provide for disbursements from the trust fund account for

any or all of the following purposes:

1. Such costs incident to the prisoner's confinement as the

commissioner deems appropriate and reasonable.

2. Such costs related to the prisoner's work release program as the

commissioner deems appropriate and reasonable.

3. Support of the prisoner's dependents.

4. Payment of court fines, mandatory surcharge, sex offender

registration fee, DNA databank fee, restitution or reparation, or

forfeitures.

The balance of such earnings, if any, after disbursements for any of

the foregoing purposes shall be paid to the prisoner upon termination of

his imprisonment.

Liability for a Prisoner on Work Release. No prisoner

participating in a work release program or whose place of confinement is

extended pursuant to this article shall be deemed an agent, employee or

involuntary servant of the department or the city while employed or

going to and from such employment or released from confinement pursuant

to this article; provided, however, that where a prisoner is employed

and paid by the city, his relationship to the city arising out of such

employment shall be determined in the same manner as if he were a free

person so employed.

Rules and Regulations. The commissioner may make such rules and

regulations as he shall deem necessary and appropriate to carry out the

purposes of this article.

Designation of Place of Confinement. The commissioner may

designate as a place of confinement of a prisoner any available,

suitable and appropriate correctional institution or facility whether

maintained by the city, state or federal government and may at any time

transfer a prisoner from one place of confinement to another. Where such

designation or transfer is to either a state or federal correctional

institution or facility, it shall be subject to the prior approval of

the appropriate person or agency having jurisdiction and control over

such facility and upon such terms and conditions as such person or

agency deems appropriate.

Eligibility for Other Programs. The participation of any

prisoner in a work release program established pursuant to this article

shall in no way prejudice his eligibility for conditional release,

parole or discretionary reduction of sentence.

Annual Report of Commissioner. The commissioner shall annually

prepare a report of the work release program which shall be transmitted

to the legislature on or before the first day of March in each year.

Such annual report shall include a summary of the operations and

activities of the program for the preceding year and such

recommendations for the improvement of the program as the commissioner

shall deem necessary and proper.

Short title. This article shall be known and may be cited as

the "Sex Offender Registration Act".

Definitions. As used in this article, the following

definitions apply:

1. "Sex offender" includes any person who is convicted of any of the

offenses set forth in subdivision two or three of this section.

Convictions that result from or are connected with the same act, or

result from offenses committed at the same time, shall be counted for

the purpose of this article as one conviction. Any conviction set aside

pursuant to law is not a conviction for purposes of this article.

2. "Sex offense" means: (a) (i) a conviction of or a conviction for

an attempt to commit any of the provisions of sections 120.70, 130.20,

130.25, 130.30, former section 130.40, former section 130.45, sections

130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article

two hundred sixty-three of the penal law, or section 135.05, 135.10,

135.20 or 135.25 of such law relating to kidnapping offenses, provided

the victim of such kidnapping or related offense is less than seventeen

years old and the offender is not the parent of the victim, or section

230.04, where the person patronized is in fact less than seventeen years

of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of

section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or

section 230.25 of the penal law where the person prostituted is in fact

less than seventeen years old, or (ii) a conviction of or a conviction

for an attempt to commit any of the provisions of section 235.22 of the

penal law, or (iii) a conviction of or a conviction for an attempt to

commit any provisions of the foregoing sections committed or attempted

as a hate crime defined in section 485.05 of the penal law or as a crime

of terrorism defined in section 490.25 of such law or as a sexually

motivated felony defined in section 130.91 of such law; or

(b) a conviction of or a conviction for an attempt to commit any of

the provisions of section 130.52 or 130.55 of the penal law, provided

the victim of such offense is less than eighteen years of age; or

(c) a conviction of or a conviction for an attempt to commit any of

the provisions of section 130.52 or 130.55 of the penal law regardless

of the age of the victim and the offender has previously been convicted

of: (i) a sex offense defined in this article, (ii) a sexually violent

offense defined in this article, or (iii) any of the provisions of

section 130.52 or 130.55 of the penal law, or an attempt thereof; or

(d) a conviction of (i) an offense in any other jurisdiction which

includes all of the essential elements of any such crime provided for in

paragraph (a), (b) or (c) of this subdivision or (ii) a felony in any

other jurisdiction for which the offender is required to register as a

sex offender in the jurisdiction in which the conviction occurred or,

(iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18

U.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18

U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime

of conviction are substantially the same as those which are a part of

such offense as of the date on which this subparagraph takes effect.

(e) a conviction of or a conviction for an attempt to commit any of

the provisions of subdivision two, three or four of section 250.45 of

the penal law, unless upon motion by the defendant, the trial court,

having regard to the nature and circumstances of the crime and to the

history and character of the defendant, is of the opinion that

registration would be unduly harsh and inappropriate.

3. "Sexually violent offense" means: (a) (i) a conviction of or a

conviction for an attempt to commit any of the provisions of section

130.35, former section 130.50, sections 130.65, 130.66, 130.67, 130.70,

130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a conviction

of or a conviction for an attempt to commit any of the provisions of

sections 130.53, 130.65-a and 130.90 of the penal law, or (iii) a

conviction of or a conviction for an attempt to commit any provisions of

the foregoing sections committed or attempted as a hate crime defined in

section 485.05 of the penal law or as a crime of terrorism defined in

section 490.25 of such law; or

(b) a conviction of an offense in any other jurisdiction which

includes all of the essential elements of any such felony provided for

in paragraph (a) of this subdivision or conviction of a felony in any

other jurisdiction for which the offender is required to register as a

sex offender in the jurisdiction in which the conviction occurred.

4. "Law enforcement agency having jurisdiction" means: (a) (i) the

chief law enforcement officer in the village, town or city in which the

offender expects to reside upon his or her discharge, probation, parole,

release to post-release supervision or upon any form of state or local

conditional release; or (ii) if there be no chief law enforcement

officer in such village, town or city, the chief law enforcement officer

of the county in which the offender expects to reside; or (iii) if there

be no chief enforcement officer in such village, town, city or county,

the division of state police and (b) in the case of a sex offender who

is or expects to be employed by, enrolled in, attending or employed,

whether for compensation or not, at an institution of higher education,

(i) the chief law enforcement officer in the village, town or city in

which such institution is located; or (ii) if there be no chief law

enforcement officer in such village, town or city, the chief law

enforcement officer of the county in which such institution is located;

or (iii) if there be no chief law enforcement officer in such village,

town, city or county, the division of state police; and (iv) if such

institution operates or employs a campus law enforcement or security

agency, the chief of such agency and (c) in the case of a sex offender

who expects to reside within a state park or on other land under the

jurisdiction of the office of parks, recreation and historic

preservation, the state regional park police.

5. "Division" means the division of criminal justice services as

defined by section eight hundred thirty-seven of the executive law.

6. "Hospital" means: (a) a hospital as defined in subdivision two of

section four hundred of this chapter and applies to persons committed to

such hospital by order of commitment made pursuant to article sixteen of

this chapter; or (b) a secure treatment facility as defined in section

10.03 of the mental hygiene law and applies to persons committed to such

facility by an order made pursuant to article ten of the mental hygiene

law.

7. (a) "Sexual predator" means a sex offender who has been convicted

of a sexually violent offense defined in subdivision three of this

section and who suffers from a mental abnormality or personality

disorder that makes him or her likely to engage in predatory sexually

violent offenses.

(b) "Sexually violent offender" means a sex offender who has been

convicted of a sexually violent offense defined in subdivision three of

this section.

(c) "Predicate sex offender" means a sex offender who has been

convicted of an offense set forth in subdivision two or three of this

section when the offender has been previously convicted of an offense

set forth in subdivision two or three of this section.

8. "Mental abnormality" means a congenital or acquired condition of a

person that affects the emotional or volitional capacity of the person

in a manner that predisposes that person to the commission of criminal

sexual acts to a degree that makes the person a menace to the health and

safety of other persons.

9. "Predatory" means an act directed at a stranger, or a person with

whom a relationship has been established or promoted for the primary

purpose of victimization.

10. "Board" means the "board of examiners of sex offenders"

established pursuant to section one hundred sixty-eight-l of this

article.

11. "Local correctional facility" means a local correctional facility

as that term is defined in subdivision sixteen of section two of this

chapter.

12. Probation means a sentence of probation imposed pursuant to

article sixty-five of the penal law and shall include a sentence of

imprisonment imposed in conjunction with a sentence of probation.

13. "Institution of higher education" means an institution in the

state providing higher education as such term is defined in subdivision

eight of section two of the education law.

14. "Nonresident worker" means any person required to register as a

sex offender in another jurisdiction who is employed or carries on a

vocation in this state, on either a full-time or a part-time basis, with

or without compensation, for more than fourteen consecutive days, or for

an aggregate period exceeding thirty days in a calendar year.

15. "Nonresident student" means a person required to register as a sex

offender in another jurisdiction who is enrolled on a full-time or

part-time basis in any public or private educational institution in this

state including any secondary school, trade or professional institution

or institution of higher education.

16. "Authorized internet entity" means any business, organization or

other entity providing or offering a service over the internet which

permits persons under eighteen years of age to access, meet, congregate

or communicate with other users for the purpose of social networking.

This definition shall not include general e-mail services.

17. "Internet access provider" means any business, organization or

other entity engaged in the business of providing a computer and

communications facility through which a customer may obtain access to

the internet, but does not include a business, organization or other

entity to the extent that it provides only telecommunications services.

18. "Internet identifiers" means electronic mail addresses and

designations used for the purposes of chat, instant messaging, social

networking or other similar internet communication.

Duties of the division; registration information. 1. The

division shall establish and maintain a file of individuals required to

register pursuant to the provisions of this article which shall include

the following information of each registrant:

(a) The sex offender's name, all aliases used, date of birth, sex,

race, height, weight, eye color, driver's license number, home address

and/or expected place of domicile, any internet accounts with internet

access providers belonging to such offender and internet identifiers

that such offender uses.

(b) A photograph and set of fingerprints. For a sex offender given a

level three designation, the division shall, during the period of

registration, update such photograph once each year. For a sex offender

given a level one or level two designation, the division shall, during

the period of registration, update such photograph once every three

years. The division shall notify the sex offender by mail of the duty to

appear and be photographed at the specified law enforcement agency

having jurisdiction. Such notification shall be mailed at least thirty

days and not more than sixty days before the photograph is required to

be taken pursuant to subdivision two of section one hundred

sixty-eight-f of this article.

(c) A description of the offense for which the sex offender was

convicted, the date of conviction and the sentence imposed including the

type of assigned supervision and the length of time of such supervision.

(d) The name and address of any institution of higher education at

which the sex offender is or expects to be enrolled, attending or

employed, whether for compensation or not, and whether such offender

resides in or will reside in a facility owned or operated by such

institution.

(e) If the sex offender has been given a level two or three

designation, such offender's employment address and/or expected place of

employment.

(f) Any other information deemed pertinent by the division.

2. a. The division is authorized to make the registry available to any

regional or national registry of sex offenders for the purpose of

sharing information. The division shall accept files from any regional

or national registry of sex offenders and shall make such files

available when requested pursuant to the provisions of this article.

b. The division shall also make registry information available to: (i)

the department of health, to enable such department to identify persons

ineligible to receive reimbursement or coverage for drugs, procedures or

supplies pursuant to subdivision seven of section twenty-five hundred

ten of the public health law, paragraph (e) of subdivision four of

section three hundred sixty-five-a of the social services law, paragraph

(e-1) of subdivision one of section three hundred sixty-nine-ee of the

social services law, and subdivision one of section two hundred

forty-one of the elder law; (ii) the department of financial services to

enable such department to identify persons ineligible to receive

reimbursement or coverage for drugs, procedures or supplies pursuant to

subsection (b-1) of section four thousand three hundred twenty-two and

subsection (d-1) of section four thousand three hundred twenty-six of

the insurance law; and (iii) a court, to enable the court to promptly

comply with the provisions of paragraph (a-1) of subdivision one of

section two hundred forty of the domestic relations law, subdivision (e)

of section six hundred fifty-one of the family court act, and

subdivision (g) of section 81.19 of the mental hygiene law.

c. The department of health and the department of financial services

may disclose to plans providing coverage for drugs, procedures or

supplies for the treatment of erectile dysfunction pursuant to section

three hundred sixty-nine-ee of the social services law or sections four

thousand three hundred twenty-one, four thousand three hundred

twenty-two or four thousand three hundred twenty-six of the insurance

law registry information that is limited to the names, dates of birth,

and social security numbers of persons who are ineligible by law to

receive payment or reimbursement for specified drugs, procedures and

supplies pursuant to such provisions of law. Every such plan shall

identify to the department of health or the department of financial

services, in advance of disclosure, each person in its employ who is

authorized to receive such information provided, however, that such

information may be disclosed by such authorized employee or employees to

other personnel who are directly involved in approving or disapproving

reimbursement or coverage for such drugs, procedures and supplies for

such plan members, and provided further that no person receiving

registry information shall redisclose such information except to other

personnel who are directly involved in approving or disapproving

reimbursement or coverage for such drugs, procedures and supplies.

d. No official, agency, authorized person or entity, whether public or

private, shall be subject to any civil or criminal liability for damages

for any decision or action made in the ordinary course of business of

that official, agency, authorized person or entity pursuant to

paragraphs b and c of this subdivision, provided that such official,

agency, authorized person or entity acted reasonably and in good faith

with respect to such registry information.

e. The division shall require that no information included in the

registry shall be made available except in the furtherance of the

provisions of this article.

3. The division shall develop a standardized registration form to be

made available to the appropriate authorities and promulgate rules and

regulations to implement the provisions of this section. Such form shall

be written in clear and concise language and shall advise the sex

offender of his or her duties and obligations under this article.

4. The division shall mail a nonforwardable verification form to the

last reported address of the person for annual verification

requirements.

5. The division shall also establish and operate a telephone number as

provided for in section one hundred sixty-eight-p of this article.

6. The division shall also establish a subdirectory pursuant to

section one hundred sixty-eight-q of this article.

7. The division shall also establish a public awareness campaign to

advise the public of the provisions of this article.

8. The division shall charge a fee of ten dollars each time a sex

offender registers any change of address or any change of his or her

status of enrollment, attendance, employment or residence at any

institution of higher education as required by subdivision four of

section one hundred sixty-eight-f of this article. The fee shall be paid

to the division by the sex offender. The state comptroller is hereby

authorized to deposit such fees into the general fund.

9. The division shall, upon the request of any children's camp

operator, release to such person any information in the registry

relating to a prospective employee of any such person or entity in

accordance with the provisions of this article. The division shall

promulgate rules and regulations relating to procedures for the release

of information in the registry to such persons.

10. The division shall, upon the request of any authorized internet

entity, release to such entity internet identifiers that would enable

such entity to prescreen or remove sex offenders from its services or,

in conformity with state and federal law, advise law enforcement and/or

other governmental entities of potential violations of law and/or

threats to public safety. Before releasing any information the division

shall require an authorized internet entity that requests information

from the registry to submit to the division the name, address and

telephone number of such entity and the specific legal nature and

corporate status of such entity. Except for the purposes specified in

this subdivision, an authorized internet entity shall not publish or in

any way disclose or redisclose any information provided to it by the

division pursuant to this subdivision. The division may charge an

authorized internet entity a fee for access to registered internet

identifiers requested by such entity pursuant to this subdivision. The

division shall promulgate rules and regulations relating to procedures

for the release of information in the registry, including but not

limited to, the disclosure and redisclosure of such information, and the

imposition of any fees.

11. The division shall promptly notify each sex offender whose term of

registration and verification would otherwise have expired prior to

March thirty-first, two thousand seven of the continuing duty to

register and verify under this article.

12. The division shall make registry information regarding level two

and three sex offenders available to municipal housing authorities, as

established pursuant to article three of the public housing law, to

enable such authorities to identify persons ineligible to reside in

public housing. The division shall, at least monthly, release to each

municipal housing authority information about level two and three sex

offenders with a home address and/or expected place of domicile within

the corresponding municipality. The division may promulgate rules and

regulations relating to procedures for the release of information in the

registry to such authorities.

Sex offender; relocation; notification. 1. In the case of any

sex offender, it shall be the duty of the department, hospital or local

correctional facility at least ten calendar days prior to the release or

discharge of any sex offender from a correctional facility, hospital or

local correctional facility to notify the division of the contemplated

release or discharge of such sex offender, informing the division in

writing on a form provided by the division indicating the address at

which he or she proposes to reside and the name and address of any

institution of higher education at which he or she expects to be

enrolled, attending or employed, whether for compensation or not, and

whether he or she resides in or will reside in a facility owned or

operated by such institution. If such sex offender changes his or her

place of residence while on parole, such notification of the change of

residence shall be sent by the sex offender's parole officer within

forty-eight hours to the division on a form provided by the division. If

such sex offender changes the status of his or her enrollment,

attendance, employment or residence at any institution of higher

education while on parole, such notification of the change of status

shall be sent by the sex offender's parole officer within forty-eight

hours to the division on a form provided by the division.

2. In the case of any sex offender on probation, it shall be the duty

of the sex offender's probation officer to notify the division within

forty-eight hours of the new place of residence on a form provided by

the division. If such sex offender changes the status of his or her

enrollment, attendance, employment or residence at any institution of

higher education while on probation, such notification of the change of

status shall be sent by the sex offender's probation officer within

forty-eight hours to the division on a form provided by the division.

3. In the case in which any sex offender escapes from a state or local

correctional facility or hospital, the designated official of the

facility or hospital where the person was confined shall notify within

twenty-four hours the law enforcement agency having had jurisdiction at

the time of his or her conviction, informing such law enforcement agency

of the name and aliases of the person, and the address at which he or

she resided at the time of his or her conviction, the amount of time

remaining to be served, if any, on the full term for which he or she was

sentenced, and the nature of the crime for which he or she was

sentenced, transmitting at the same time a copy of such sex offender's

fingerprints and photograph and a summary of his or her criminal record.

4. The division shall provide general information, in registration

materials and annual correspondence, to registrants concerning

notification and registration procedures that may apply if the

registrant is authorized to relocate and relocates to another state or

United States possession, or commences employment or attendance at an

education institution in another state or United States possession. Such

information shall include addresses and telephone numbers for relevant

agencies from which additional information may be obtained.

Duties of the court. 1. (a) Except as provided in paragraphs

(b) and (c) of this subdivision, upon conviction of any of the offenses

set forth in subdivision two or three of section one hundred

sixty-eight-a of this article the court shall certify that the person is

a sex offender and shall include the certification in the order of

commitment, if any, and judgment of conviction, except as provided in

paragraph (e) of subdivision two of section one hundred sixty-eight-a of

this article. The court shall also advise the sex offender of his or her

duties under this article. Failure to include the certification in the

order of commitment or the judgment of conviction shall not relieve a

sex offender of the obligations imposed by this article.

(b) Where a defendant stands convicted of an offense defined in

paragraph (b) of subdivision two of section one hundred sixty-eight-a of

this article or where the defendant was convicted of patronizing a

person for prostitution in the third degree under section 230.04 of the

penal law and the defendant controverts an allegation that the victim of

such offense was less than eighteen years of age or, in the case of a

conviction under section 230.04 of the penal law, less than seventeen

years of age, the court, without a jury, shall, prior to sentencing,

conduct a hearing, and the people may prove by clear and convincing

evidence that the victim was less than eighteen years old or less than

seventeen years old, as applicable, by any evidence admissible under the

rules applicable to a trial of the issue of guilt. The court in addition

to such admissible evidence may also consider reliable hearsay evidence

submitted by either party provided that it is relevant to the

determination of the age of the victim. Facts concerning the age of the

victim proven at trial or ascertained at the time of entry of a plea of

guilty shall be deemed established by clear and convincing evidence and

shall not be relitigated. At the conclusion of the hearing, or if the

defendant does not controvert an allegation that the victim of the

offense was less than eighteen years old or less than seventeen years

old, as applicable, the court must make a finding and enter an order

setting forth the age of the victim. If the court finds that the victim

of such offense was under eighteen years old or under seventeen years

old, as applicable, the court shall certify the defendant as a sex

offender, the provisions of paragraph (a) of this subdivision shall

apply and the defendant shall register with the division in accordance

with the provisions of this article.

(c) Where a defendant stands convicted of an offense defined in

paragraph (c) of subdivision two of section one hundred sixty-eight-a of

this article and the defendant controverts an allegation that the

defendant was previously convicted of a sex offense or a sexually

violent offense defined in this article or has previously been convicted

of or convicted for an attempt to commit any of the provisions of

section 130.52 or 130.55 of the penal law, the court, without a jury,

shall, prior to sentencing, conduct a hearing, and the people may prove

by clear and convincing evidence that the defendant was previously

convicted of a sex offense or a sexually violent offense defined in this

article or has previously been convicted of or convicted for an attempt

to commit any of the provisions of section 130.52 or 130.55 of the penal

law, by any evidence admissible under the rules applicable to a trial of

the issue of guilt. The court in addition to such admissible evidence

may also consider reliable hearsay evidence submitted by either party

provided that it is relevant to the determination of whether the

defendant was previously convicted of a sex offense or a sexually

violent offense defined in this article or has previously been convicted

of or convicted for an attempt to commit any of the provisions of

section 130.52 or 130.55 of the penal law. At the conclusion of the

hearing, or if the defendant does not controvert an allegation that the

defendant was previously convicted of a sex offense or a sexually

violent offense defined in this article or has previously been convicted

of or convicted for an attempt to commit any of the provisions of

section 130.52 or 130.55 of the penal law, the court must make a finding

and enter an order determining whether the defendant was previously

convicted of a sex offense or a sexually violent offense defined in this

article or has previously been convicted of or convicted for an attempt

to commit any of the provisions of section 130.52 or 130.55 of the penal

law. If the court finds that the defendant has such a previous

conviction, the court shall certify the defendant as a sex offender, the

provisions of paragraph (a) of this subdivision shall apply and the

defendant shall register with the division in accordance with the

provisions of this article.

2. Any sex offender, who is released on probation or discharged upon

payment of a fine, conditional discharge or unconditional discharge

shall, prior to such release or discharge, be informed of his or her

duty to register under this article by the court in which he or she was

convicted. At the time sentence is imposed, such sex offender shall

register with the division on a form prepared by the division. The court

shall require the sex offender to read and sign such form and to

complete the registration portion of such form. The court shall on such

form obtain the address where the sex offender expects to reside upon

his or her release, and the name and address of any institution of

higher education he or she expects to be employed by, enrolled in,

attending or employed, whether for compensation or not, and whether he

or she expects to reside in a facility owned or operated by such an

institution, and shall report such information to the division. The

court shall give one copy of the form to the sex offender and shall send

two copies to the division which shall forward the information to the

law enforcement agencies having jurisdiction. The court shall also

notify the district attorney and the sex offender of the date of the

determination proceeding to be held pursuant to subdivision three of

this section, which shall be held at least forty-five days after such

notice is given. This notice shall include the following statement or a

substantially similar statement: "This proceeding is being held to

determine whether you will be classified as a level 3 offender (risk of

repeat offense is high), a level 2 offender (risk of repeat offense is

moderate), or a level 1 offender (risk of repeat offense is low), or

whether you will be designated as a sexual predator, a sexually violent

offender or a predicate sex offender, which will determine how long you

must register as a sex offender and how much information can be provided

to the public concerning your registration. If you fail to appear at

this proceeding, without sufficient excuse, it shall be held in your

absence. Failure to appear may result in a longer period of registration

or a higher level of community notification because you are not present

to offer evidence or contest evidence offered by the district attorney."

The court shall also advise the sex offender that he or she has a right

to a hearing prior to the court's determination, that he or she has the

right to be represented by counsel at the hearing and that counsel will

be appointed if he or she is financially unable to retain counsel. If

the sex offender applies for assignment of counsel to represent him or

her at the hearing and counsel was not previously assigned to represent

the sex offender in the underlying criminal action, the court shall

determine whether the offender is financially unable to retain counsel.

If such a finding is made, the court shall assign counsel to represent

the sex offender pursuant to article eighteen-B of the county law. Where

the court orders a sex offender released on probation, such order must

include a provision requiring that he or she comply with the

requirements of this article. Where such sex offender violates such

provision, probation may be immediately revoked in the manner provided

by article four hundred ten of the criminal procedure law.

3. For sex offenders released on probation or discharged upon payment

of a fine, conditional discharge or unconditional discharge, it shall be

the duty of the court applying the guidelines established in subdivision

five of section one hundred sixty-eight-l of this article to determine

the level of notification pursuant to subdivision six of section one

hundred sixty-eight-l of this article and whether such sex offender

shall be designated a sexual predator, sexually violent offender, or

predicate sex offender as defined in subdivision seven of section one

hundred sixty-eight-a of this article. At least fifteen days prior to

the determination proceeding, the district attorney shall provide to the

court and the sex offender a written statement setting forth the

determinations sought by the district attorney together with the reasons

for seeking such determinations. The court shall allow the sex offender

to appear and be heard. The state shall appear by the district attorney,

or his or her designee, who shall bear the burden of proving the facts

supporting the determinations sought by clear and convincing evidence.

Where there is a dispute between the parties concerning the

determinations, the court shall adjourn the hearing as necessary to

permit the sex offender or the district attorney to obtain materials

relevant to the determinations from any state or local facility,

hospital, institution, office, agency, department or division. Such

materials may be obtained by subpoena if not voluntarily provided to the

requesting party. In making the determinations, the court shall review

any victim's statement and any relevant materials and evidence submitted

by the sex offender and the district attorney and the court may consider

reliable hearsay evidence submitted by either party provided that it is

relevant to the determinations. Facts previously proven at trial or

elicited at the time of entry of a plea of guilty shall be deemed

established by clear and convincing evidence and shall not be

relitigated. The court shall render an order setting forth its

determinations and the findings of fact and conclusions of law on which

the determinations are based. A copy of the order shall be submitted by

the court to the division. Upon application of either party, the court

shall seal any portion of the court file or record which contains

material that is confidential under any state or federal statute. Either

party may appeal as of right from the order pursuant to the provisions

of articles fifty-five, fifty-six and fifty-seven of the civil practice

law and rules. Where counsel has been assigned to represent the sex

offender upon the ground that the sex offender is financially unable to

retain counsel, that assignment shall be continued throughout the

pendency of the appeal, and the person may appeal as a poor person

pursuant to article eighteen-B of the county law.

4. If a sex offender, having been given notice, including the time and

place of the determination proceeding in accordance with this section,

fails to appear at this proceeding, without sufficient excuse, the court

shall conduct the hearing and make the determinations in the manner set

forth in subdivision three of this section.

Discharge of sex offender from correctional facility; duties

of official in charge. 1. Any sex offender, to be discharged, paroled,

released to post-release supervision or released from any state or local

correctional facility, hospital or institution where he or she was

confined or committed, shall at least fifteen calendar days prior to

discharge, parole or release, be informed of his or her duty to register

under this article, by the facility in which he or she was confined or

committed. The facility shall require the sex offender to read and sign

such form as may be required by the division stating the duty to

register and the procedure for registration has been explained to him or

her and to complete the registration portion of such form. The facility

shall obtain on such form the address where the sex offender expects to

reside upon his or her discharge, parole or release and the name and

address of any institution of higher education he or she expects to be

employed by, enrolled in, attending or employed, whether for

compensation or not, and whether he or she expects to reside in a

facility owned or operated by such an institution, and shall report such

information to the division. The facility shall give one copy of the

form to the sex offender, retain one copy and shall send one copy to the

division which shall provide the information to the law enforcement

agencies having jurisdiction. The facility shall give the sex offender a

form prepared by the division, to register with the division at least

fifteen calendar days prior to release and such form shall be completed,

signed by the sex offender and sent to the division by the facility at

least ten days prior to the sex offender's release or discharge.

2. The division shall also immediately transmit the conviction data

and fingerprints to the Federal Bureau of Investigation if not already

obtained.

Duty to register and to verify. 1. Any sex offender shall,

(a) at least ten calendar days prior to discharge, parole, release to

post-release supervision or release from any state or local correctional

facility, hospital or institution where he or she was confined or

committed, or, (b) at the time sentence is imposed for any sex offender

released on probation or discharged upon payment of a fine, conditional

discharge or unconditional discharge, register with the division on a

form prepared by the division.

2. For a sex offender required to register under this article on each

anniversary of the sex offender's initial registration date during the

period in which he is required to register under this section the

following applies:

(a) The sex offender shall mail the verification form to the division

within ten calendar days after receipt of the form.

(b) The verification form shall be signed by the sex offender, and

state that he still resides at the address last reported to the

division.

(b-1) If the sex offender has been given a level two or three

designation, such offender shall sign the verification form, and state

that he or she still is employed at the address last reported to the

division.

(b-2) If the sex offender has been given a level three designation, he

or she shall personally appear at the law enforcement agency having

jurisdiction within twenty days of the first anniversary of the sex

offender's initial registration and every year thereafter during the

period of registration for the purpose of providing a current photograph

of such offender. The law enforcement agency having jurisdiction shall

photograph the sex offender and shall promptly forward a copy of such

photograph to the division. For purposes of this paragraph, if such sex

offender is confined in a state or local correctional facility, the

local law enforcement agency having jurisdiction shall be the warden,

superintendent, sheriff or other person in charge of the state or local

correctional facility.

(b-3) If the sex offender has been given a level one or level two

designation, he or she shall personally appear at the law enforcement

agency having jurisdiction within twenty days of the third anniversary

of the sex offender's initial registration and every three years

thereafter during the period of registration for the purpose of

providing a current photograph of such offender. The law enforcement

agency having jurisdiction shall photograph the sex offender and shall

promptly forward a copy of such photograph to the division. For purposes

of this paragraph, if such sex offender is confined in a state or local

correctional facility, the local law enforcement agency having

jurisdiction shall be the warden, superintendent, sheriff or other

person in charge of the state or local correctional facility.

(c) If the sex offender fails to mail the signed verification form to

the division within ten calendar days after receipt of the form, he or

she shall be in violation of this section unless he proves that he or

she has not changed his or her residence address.

(c-1) If the sex offender, to whom a notice has been mailed at the

last reported address pursuant to paragraph b of subdivision one of

section one hundred sixty-eight-b of this article, fails to personally

appear at the law enforcement agency having jurisdiction, as provided in

paragraph (b-2) or (b-3) of this subdivision, within twenty days of the

anniversary of the sex offender's initial registration, or an alternate

later date scheduled by the law enforcement agency having jurisdiction,

he or she shall be in violation of this section. The duty to personally

appear for such updated photograph shall be temporarily suspended during

any period in which the sex offender is confined in any hospital or

institution, and such sex offender shall personally appear for such

updated photograph no later than ninety days after release from such

hospital or institution, or an alternate later date scheduled by the law

enforcement agency having jurisdiction.

3. The provisions of subdivision two of this section shall be applied

to a sex offender required to register under this article except that

such sex offender designated as a sexual predator or having been given a

level three designation must personally verify his or her address with

the local law enforcement agency every ninety calendar days after the

date of release or commencement of parole or post-release supervision,

or probation, or release on payment of a fine, conditional discharge or

unconditional discharge. At such time the law enforcement agency having

jurisdiction may take a new photograph of such sex offender if it

appears that the offender has had a change in appearance since the most

recent photograph taken pursuant to paragraph (b-2) of subdivision two

of this section. If such photograph is taken, the law enforcement agency

shall promptly forward a copy of such photograph to the division. The

duty to personally verify shall be temporarily suspended during any

period in which the sex offender is confined to any state or local

correctional facility, hospital or institution and shall immediately

recommence on the date of the sex offender's release.

4. Any sex offender shall register with the division no later than ten

calendar days after any change of address, internet accounts with

internet access providers belonging to such offender, internet

identifiers that such offender uses, or his or her status of enrollment,

attendance, employment or residence at any institution of higher

education. A fee of ten dollars, as authorized by subdivision eight of

section one hundred sixty-eight-b of this article, shall be submitted by

the sex offender each time such offender registers any change of address

or any change of his or her status of enrollment, attendance, employment

or residence at any institution of higher education. Any failure or

omission to submit the required fee shall not affect the acceptance by

the division of the change of address or change of status.

5. The duty to register under the provisions of this article shall not

be applicable to any sex offender whose conviction was reversed upon

appeal or who was pardoned by the governor.

6. Any nonresident worker or nonresident student, as defined in

subdivisions fourteen and fifteen of section one hundred sixty-eight-a

of this article, shall register his or her current address and the

address of his or her place of employment or educational institution

attended with the division within ten calendar days after such

nonresident worker or nonresident student commences employment or

attendance at an educational institution in the state. Any nonresident

worker or nonresident student shall notify the division of any change of

residence, employment or educational institution address no later than

ten days after such change. The division shall notify the law

enforcement agency where the nonresident worker is employed or the

educational institution is located that a nonresident worker or

nonresident student is present in that agency's jurisdiction.

Prior convictions; duty to inform and register. 1. The

department or office of probation and correctional alternatives in

accordance with risk factors pursuant to section one hundred

sixty-eight-l of this article shall determine the duration of

registration and notification for every sex offender who on the

effective date of this article is then on community supervision or

probation for an offense provided for in subdivision two or three of

section one hundred sixty-eight-a of this article.

2. Every sex offender who on the effective date of this article is

then on community supervision or probation for an offense provided for

in subdivision two or three of section one hundred sixty-eight-a of this

article shall within ten calendar days of such determination register

with his parole or probation officer. On each anniversary of the sex

offender's initial registration date thereafter, the provisions of

section one hundred sixty-eight-f of this article shall apply. Any sex

offender who fails or refuses to so comply shall be subject to the same

penalties as otherwise provided for in this article which would be

imposed upon a sex offender who fails or refuses to so comply with the

provisions of this article on or after such effective date.

3. It shall be the duty of the parole or probation officer to inform

and register such sex offender according to the requirements imposed by

this article. A parole or probation officer shall give one copy of the

form to the sex offender and shall, within three calendar days, send two

copies electronically or otherwise to the department which shall forward

one copy electronically or otherwise to the law enforcement agency

having jurisdiction where the sex offender resides upon his or her

community supervision, probation, or local conditional release.

4. A petition for relief from this section is permitted to any sex

offender required to register while released to community supervision or

probation pursuant to section one hundred sixty-eight-o of this article.

Duration of registration and verification. 1. The duration of

registration and verification for a sex offender who has not been

designated a sexual predator, or a sexually violent offender, or a

predicate sex offender, and who is classified as a level one risk, or

who has not yet received a risk level classification, shall be annually

for a period of twenty years from the initial date of registration.

2. The duration of registration and verification for a sex offender

who, on or after March eleventh, two thousand two, is designated a

sexual predator, or a sexually violent offender, or a predicate sex

offender, or who is classified as a level two or level three risk, shall

be annually for life. Notwithstanding the foregoing, a sex offender who

is classified as a level two risk and who is not designated a sexual

predator, a sexually violent offender or a predicate sex offender, may

be relieved of the duty to register and verify as provided by

subdivision one of section one hundred sixty-eight-o of this article.

3. Any sex offender having been designated a level three risk or a

sexual predator shall also personally verify his or her address every

ninety calendar days with the local law enforcement agency having

jurisdiction where the offender resides.

Registration and verification requirements. Registration and

verification as required by this article shall consist of a statement in

writing signed by the sex offender giving the information that is

required by the division and the division shall enter the information

into an appropriate electronic data base or file.

Notification of local law enforcement agencies of change of

address. 1. Upon receipt of a change of address by a sex offender

required to register under this article, but in any event no more than

two business days after such receipt, the division shall notify the

local law enforcement agency having jurisdiction of the new place of

residence and the local law enforcement agency where the sex offender

last resided of the new place of residence.

2. Upon receipt of change of address information, the local law

enforcement agency having jurisdiction of the new place of residence

shall adhere to the notification provisions set forth in subdivision six

of section one hundred sixty-eight-l of this article.

3. The division shall, if the sex offender changes residence to

another state, notify the appropriate agency within that state of the

new place of residence.

4. Upon receipt of a change in the status of the enrollment,

attendance, employment or residence at an institution of higher

education by a sex offender required to register under this article, but

in any event no more than two business days after such receipt, the

division shall notify each law enforcement agency having jurisdiction

which is affected by such change.

5. Upon receipt of change in the status of the enrollment, attendance,

employment or residence at an institution of higher education by a sex

offender required to register under this article, each law enforcement

agency having jurisdiction shall adhere to the notification provisions

set forth in subdivision six of section one hundred sixty-eight-l of

this article.

Registration for change of address from another state. 1. A

sex offender who has been convicted of an offense which requires

registration under paragraph (d) of subdivision two or paragraph (b) of

subdivision three of section one hundred sixty-eight-a of this article

shall notify the division of the new address no later than ten calendar

days after such sex offender establishes residence in this state.

2. The division shall advise the board that the sex offender has

established residence in this state. The board shall determine whether

the sex offender is required to register with the division. If it is

determined that the sex offender is required to register, the division

shall notify the sex offender of his or her duty to register under this

article and shall require the sex offender to sign a form as may be

required by the division acknowledging that the duty to register and the

procedure for registration has been explained to the sex offender. The

division shall obtain on such form the address where the sex offender

expects to reside within the state and the sex offender shall retain one

copy of the form and send two copies to the division which shall provide

the information to the law enforcement agency having jurisdiction where

the sex offender expects to reside within this state. No later than

thirty days prior to the board making a recommendation, the sex offender

shall be notified that his or her case is under review and that he or

she is permitted to submit to the board any information relevant to the

review. After reviewing any information obtained, and applying the

guidelines established in subdivision five of section one hundred

sixty-eight-l of this article, the board shall within sixty calendar

days make a recommendation regarding the level of notification pursuant

to subdivision six of section one hundred sixty-eight-l of this article

and whether such sex offender shall be designated a sexual predator,

sexually violent offender, or predicate sex offender as defined in

subdivision seven of section one hundred sixty-eight-a of this article.

This recommendation shall be confidential and shall not be available for

public inspection. It shall be submitted by the board to the county

court or supreme court and to the district attorney in the county of

residence of the sex offender and to the sex offender. It shall be the

duty of the county court or supreme court in the county of residence of

the sex offender, applying the guidelines established in subdivision

five of section one hundred sixty-eight-l of this article, to determine

the level of notification pursuant to subdivision six of section one

hundred sixty-eight-l of this article and whether such sex offender

shall be designated a sexual predator, sexually violent offender, or

predicate sex offender as defined in subdivision seven of section one

hundred sixty-eight-a of this article. At least thirty days prior to the

determination proceeding, such court shall notify the district attorney

and the sex offender, in writing, of the date of the determination

proceeding and the court shall also provide the district attorney and

sex offender with a copy of the recommendation received from the board

and any statement of the reasons for the recommendation received from

the board. This notice shall include the following statement or a

substantially similar statement: "This proceeding is being held to

determine whether you will be classified as a level 3 offender (risk of

repeat offense is high), a level 2 offender (risk of repeat offense is

moderate), or a level 1 offender (risk of repeat offense is low), or

whether you will be designated as a sexual predator, a sexually violent

offender or a predicate sex offender, which will determine how long you

must register as a sex offender and how much information can be provided

to the public concerning your registration. If you fail to appear at

this proceeding, without sufficient excuse, it shall be held in your

absence. Failure to appear may result in a longer period of registration

or a higher level of community notification because you are not present

to offer evidence or contest evidence offered by the district attorney."

The court shall also advise the sex offender that he or she has a right

to a hearing prior to the court's determination, that he or she has the

right to be represented by counsel at the hearing and that counsel will

be appointed if he or she is financially unable to retain counsel. A

returnable form shall be enclosed in the court's notice to the sex

offender on which the sex offender may apply for assignment of counsel.

If the sex offender applies for assignment of counsel and the court

finds that the offender is financially unable to retain counsel, the

court shall assign counsel to represent the sex offender pursuant to

article eighteen-B of the county law. If the district attorney seeks a

determination that differs from the recommendation submitted by the

board, at least ten days prior to the determination proceeding the

district attorney shall provide to the court and the sex offender a

statement setting forth the determinations sought by the district

attorney together with the reasons for seeking such determinations. The

court shall allow the sex offender to appear and be heard. The state

shall appear by the district attorney, or his or her designee, who shall

bear the burden of proving the facts supporting the determinations

sought by clear and convincing evidence. It shall be the duty of the

court applying the guidelines established in subdivision five of section

one hundred sixty-eight-l of this article to determine the level of

notification pursuant to subdivision six of section one hundred

sixty-eight-l of this article and whether such sex offender shall be

designated a sexual predator, sexually violent offender, or predicate

sex offender as defined in subdivision seven of section one hundred

sixty-eight-a of this article. Where there is a dispute between the

parties concerning the determinations, the court shall adjourn the

hearing as necessary to permit the sex offender or the district attorney

to obtain materials relevant to the determinations from the state board

of examiners of sex offenders or any state or local facility, hospital,

institution, office, agency, department or division. Such materials may

be obtained by subpoena if not voluntarily provided to the requesting

party. In making the determinations the court shall review any victim's

statement and any relevant materials and evidence submitted by the sex

offender and the district attorney and the recommendation and any

material submitted by the board, and may consider reliable hearsay

evidence submitted by either party, provided that it is relevant to the

determinations. If available, facts proven at trial or elicited at the

time of a plea of guilty shall be deemed established by clear and

convincing evidence and shall not be relitigated. The court shall render

an order setting forth its determinations and the findings of fact and

conclusions of law on which the determinations are based. A copy of the

order shall be submitted by the court to the division. Upon application

of either party, the court shall seal any portion of the court file or

record which contains material that is confidential under any state or

federal statute. Either party may appeal as of right from the order

pursuant to the provisions of articles fifty-five, fifty-six and

fifty-seven of the civil practice law and rules. Where counsel has been

assigned to represent the sex offender upon the ground that the sex

offender is financially unable to retain counsel, that assignment shall

be continued throughout the pendency of the appeal, and the person may

appeal as a poor person pursuant to article eighteen-B of the county

law.

3. The division shall undertake an information campaign designed to

provide information to officials and appropriate individuals in other

states and United States possessions concerning the notification

procedures required by this article. Such information campaign shall be

ongoing, and shall include, but not be limited to, letters, notice forms

and similar materials providing relevant information about this article

and the specific procedures required to effect notification. Such

materials shall include an address and telephone number which such

officials and individuals in other states and United States possessions

may use to obtain additional information.

4. If a sex offender, having been given notice, including the time and

place of the determination proceeding in accordance with this section,

fails to appear at this proceeding, without sufficient excuse, the court

shall conduct the hearing and make the determinations in the manner set

forth in subdivision two of this section.

Board of examiners of sex offenders. 1. There shall be a

board of examiners of sex offenders which shall possess the powers and

duties hereinafter specified. Such board shall consist of five members

appointed by the governor. All members shall be employees of the

department and shall be experts in the field of the behavior and

treatment of sex offenders. The term of office of each member of such

board shall be for six years; provided, however, that any member chosen

to fill a vacancy occurring otherwise than by expiration of term shall

be appointed for the remainder of the unexpired term of the member whom

he or she is to succeed. In the event of the inability to act of any

member, the governor may appoint some competent informed person to act

in his or her stead during the continuance of such disability.

2. The governor shall designate one of the members of the board as

chairman to serve in such capacity at the pleasure of the governor or

until the member's term of office expires and a successor is designated

in accordance with law, whichever first occurs.

3. Any member of the board may be removed by the governor for cause

after an opportunity to be heard.

4. Except as otherwise provided by law, a majority of the board shall

constitute a quorum for the transaction of all business of the board.

5. The board shall develop guidelines and procedures to assess the

risk of a repeat offense by such sex offender and the threat posed to

the public safety. Such guidelines shall be based upon, but not limited

to, the following:

(a) criminal history factors indicative of high risk of repeat

offense, including:

(i) whether the sex offender has a mental abnormality or personality

disorder that makes him or her likely to engage in predatory sexually

violent offenses;

(ii) whether the sex offender's conduct was found to be characterized

by repetitive and compulsive behavior, associated with drugs or alcohol;

(iii) whether the sex offender served the maximum term;

(iv) whether the sex offender committed the felony sex offense against

a child;

(v) the age of the sex offender at the time of the commission of the

first sex offense;

(b) other criminal history factors to be considered in determining

risk, including:

(i) the relationship between such sex offender and the victim;

(ii) whether the offense involved the use of a weapon, violence or

infliction of serious bodily injury;

(iii) the number, date and nature of prior offenses;

(c) conditions of release that minimize risk or re-offense, including

but not limited to whether the sex offender is under supervision;

receiving counseling, therapy or treatment; or residing in a home

situation that provides guidance and supervision;

(d) physical conditions that minimize risk of re-offense, including

but not limited to advanced age or debilitating illness;

(e) whether psychological or psychiatric profiles indicate a risk of

recidivism;

(f) the sex offender's response to treatment;

(g) recent behavior, including behavior while confined;

(h) recent threats or gestures against persons or expressions of

intent to commit additional offenses; and

(i) review of any victim impact statement.

6. Applying these guidelines, the board shall within sixty calendar

days prior to the discharge, parole, release to post-release supervision

or release of a sex offender make a recommendation which shall be

confidential and shall not be available for public inspection, to the

sentencing court as to whether such sex offender warrants the

designation of sexual predator, sexually violent offender, or predicate

sex offender as defined in subdivision seven of section one hundred

sixty-eight-a of this article. In addition, the guidelines shall be

applied by the board to make a recommendation to the sentencing court

which shall be confidential and shall not be available for public

inspection, providing for one of the following three levels of

notification depending upon the degree of the risk of re-offense by the

sex offender.

(a) If the risk of repeat offense is low, a level one designation

shall be given to such sex offender. In such case the law enforcement

agency or agencies having jurisdiction and the law enforcement agency or

agencies having had jurisdiction at the time of his or her conviction

shall be notified and may disseminate relevant information which may

include a photograph and description of the offender and which may

include the name of the sex offender, approximate address based on sex

offender's zip code, background information including the offender's

crime of conviction, modus of operation, type of victim targeted, the

name and address of any institution of higher education at which the sex

offender is enrolled, attends, is employed or resides and the

description of special conditions imposed on the offender to any entity

with vulnerable populations related to the nature of the offense

committed by such sex offender. Any entity receiving information on a

sex offender may disclose or further disseminate such information at its

discretion.

(b) If the risk of repeat offense is moderate, a level two designation

shall be given to such sex offender. In such case the law enforcement

agency or agencies having jurisdiction and the law enforcement agency or

agencies having had jurisdiction at the time of his or her conviction

shall be notified and may disseminate relevant information which shall

include a photograph and description of the offender and which may

include the exact name and any aliases used by the sex offender, exact

address, background information including the offender's crime of

conviction, mode of operation, type of victim targeted, the name and

address of any institution of higher education at which the sex offender

is enrolled, attends, is employed or resides and the description of

special conditions imposed on the offender to any entity with vulnerable

populations related to the nature of the offense committed by such sex

offender. Any entity receiving information on a sex offender may

disclose or further disseminate such information at its discretion. In

addition, in such case, the information described herein shall also be

provided in the subdirectory established in this article and

notwithstanding any other provision of law, such information shall, upon

request, be made available to the public.

Such law enforcement agencies shall compile, maintain and update a

listing of vulnerable organizational entities within its jurisdiction.

Such listing shall be utilized for notification of such organizations in

disseminating such information on level two sex offenders pursuant to

this paragraph. Such listing shall include and not be limited to:

superintendents of schools or chief school administrators,

superintendents of parks, public and private libraries, public and

private school bus transportation companies, day care centers, nursery

schools, pre-schools, neighborhood watch groups, community centers,

civic associations, nursing homes, victim's advocacy groups and places

of worship.

(c) If the risk of repeat offense is high and there exists a threat to

the public safety a level three designation shall be given to such sex

offender. In such case, the law enforcement agency or agencies having

jurisdiction and the law enforcement agency or agencies having had

jurisdiction at the time of his or her conviction shall be notified and

may disseminate relevant information which shall include a photograph

and description of the offender and which may include the sex offender's

exact name and any aliases used by the offender, exact address, address

of the offender's place of employment, background information including

the offender's crime of conviction, mode of operation, type of victim

targeted, the name and address of any institution of higher education at

which the sex offender is enrolled, attends, is employed or resides and

the description of special conditions imposed on the offender to any

entity with vulnerable populations related to the nature of the offense

committed by such sex offender. Any entity receiving information on a

sex offender may disclose or further disseminate such information at its

discretion. In addition, in such case, the information described herein

shall also be provided in the subdirectory established in this article

and notwithstanding any other provision of law, such information shall,

upon request, be made available to the public.

Such law enforcement agencies shall compile, maintain and update a

listing of vulnerable organizational entities within its jurisdiction.

Such listing shall be utilized for notification of such organizations in

disseminating such information on level three sex offenders pursuant to

this paragraph. Such listing shall include and not be limited to:

superintendents of schools or chief school administrators,

superintendents of parks, public and private libraries, public and

private school bus transportation companies, day care centers, nursery

schools, pre-schools, neighborhood watch groups, community centers,

civic associations, nursing homes, victim's advocacy groups and places

of worship.

7. Upon request by the court, pursuant to section one hundred

sixty-eight-o of this article, the board shall provide an updated report

pertaining to the sex offender petitioning for relief of the duty to

register or for a modification of his or her level of notification.

8. A failure by a state or local agency or the board to act or by a

court to render a determination within the time period specified in this

article shall not affect the obligation of the sex offender to register

or verify under this article nor shall such failure prevent a court from

making a determination regarding the sex offender's level of

notification and whether such offender is required by law to be

registered for a period of twenty years or for life. Where a court is

unable to make a determination prior to the date scheduled for a sex

offender's discharge, parole, release to post-release supervision or

release, it shall adjourn the hearing until after the offender is

discharged, paroled, released to post-release supervision or released,

and shall then expeditiously complete the hearing and issue its

determination.

Review. Notwithstanding any other provision of law to the

contrary, any state or local correctional facility, hospital or

institution, district attorney, law enforcement agency, probation

department, state board of parole, court or child protective agency

shall forward relevant information pertaining to a sex offender to be

discharged, paroled, released to post-release supervision or released to

the board for review no later than one hundred twenty days prior to the

release or discharge and the board shall make recommendations as

provided in subdivision six of section one hundred sixty-eight-l of this

article within sixty days of receipt of the information. Information may

include, but may not be limited to all or a portion of the arrest file,

prosecutor's file, probation or parole file, child protective file,

court file, commitment file, medical file and treatment file pertaining

to such person. Such person shall be permitted to submit to the board

any information relevant to the review. Upon application of the sex

offender or the district attorney, the court shall seal any portion of

the board's file pertaining to the sex offender that contains material

that is confidential under any state or federal law; provided, however,

that in any subsequent proceedings in which the sex offender who is the

subject of the sealed record is a party and which requires the board to

provide a recommendation to the court pursuant to this article, such

sealed record shall be available to the sex offender, the district

attorney, the court and the attorney general where the attorney general

is a party, or represents a party, in the proceeding.

Judicial determination. 1. A determination that an offender

is a sexual predator, sexually violent offender, or predicate sex

offender as defined in subdivision seven of section one hundred

sixty-eight-a of this article shall be made prior to the discharge,

parole, release to post-release supervision or release of such offender

by the sentencing court applying the guidelines established in

subdivision five of section one hundred sixty-eight-l of this article

after receiving a recommendation from the board pursuant to section one

hundred sixty-eight-l of this article.

2. In addition, applying the guidelines established in subdivision

five of section one hundred sixty-eight-l of this article, the

sentencing court shall also make a determination with respect to the

level of notification, after receiving a recommendation from the board

pursuant to section one hundred sixty-eight-l of this article. Both

determinations of the sentencing court shall be made thirty calendar

days prior to discharge, parole or release.

3. No later than thirty days prior to the board's recommendation, the

sex offender shall be notified that his or her case is under review and

that he or she is permitted to submit to the board any information

relevant to the review. Upon receipt of the board's recommendation, the

sentencing court shall determine whether the sex offender was previously

found to be eligible for assigned counsel in the underlying case. Where

such a finding was previously made, the court shall assign counsel to

represent the offender, pursuant to article eighteen-B of the county

law. At least twenty days prior to the determination proceeding, the

sentencing court shall notify the district attorney, the sex offender

and the sex offender's counsel, in writing, of the date of the

determination proceeding and shall also provide the district attorney,

the sex offender and the sex offender's counsel with a copy of the

recommendation received from the board and any statement of the reasons

for the recommendation received from the board. This notice shall

include the following statement or a substantially similar statement:

"This proceeding is being held to determine whether you will be

classified as a level 3 offender (risk of repeat offense is high), a

level 2 offender (risk of repeat offense is moderate), or a level 1

offender (risk of repeat offense is low), or whether you will be

designated as a sexual predator, a sexually violent offender or a

predicate sex offender, which will determine how long you must register

as a sex offender and how much information can be provided to the public

concerning your registration. If you fail to appear at this proceeding,

without sufficient excuse, it shall be held in your absence. Failure to

appear may result in a longer period of registration or a higher level

of community notification because you are not present to offer evidence

or contest evidence offered by the district attorney." The written

notice to the sex offender shall also advise the offender that he or she

has a right to a hearing prior to the court's determination, and that he

or she has the right to be represented by counsel at the hearing. If

counsel has been assigned to represent the offender at the determination

proceeding, the notice shall also provide the name, address and

telephone number of the assigned counsel. Where counsel has not been

assigned, the notice shall advise the sex offender that counsel will be

appointed if he or she is financially unable to retain counsel, and a

returnable form shall be enclosed in the court's notice to the sex

offender on which the sex offender may apply for assignment of counsel.

If the sex offender applies for assignment of counsel and the court

finds that the offender is financially unable to retain counsel, the

court shall assign counsel to represent the sex offender pursuant to

article eighteen-B of the county law. If the district attorney seeks a

determination that differs from the recommendation submitted by the

board, at least ten days prior to the determination proceeding the

district attorney shall provide to the court and the sex offender a

statement setting forth the determinations sought by the district

attorney together with the reasons for seeking such determinations. The

court shall allow the sex offender to appear and be heard. The state

shall appear by the district attorney, or his or her designee, who shall

bear the burden of proving the facts supporting the determinations

sought by clear and convincing evidence. Where there is a dispute

between the parties concerning the determinations, the court shall

adjourn the hearing as necessary to permit the sex offender or the

district attorney to obtain materials relevant to the determinations

from the state board of examiners of sex offenders or any state or local

facility, hospital, institution, office, agency, department or division.

Such materials may be obtained by subpoena if not voluntarily provided

to the requesting party. In making the determinations the court shall

review any victim's statement and any relevant materials and evidence

submitted by the sex offender and the district attorney and the

recommendation and any materials submitted by the board, and may

consider reliable hearsay evidence submitted by either party, provided

that it is relevant to the determinations. Facts previously proven at

trial or elicited at the time of entry of a plea of guilty shall be

deemed established by clear and convincing evidence and shall not be

relitigated. The court shall render an order setting forth its

determinations and the findings of fact and conclusions of law on which

the determinations are based. A copy of the order shall be submitted by

the court to the division. Upon application of either party, the court

shall seal any portion of the court file or record which contains

material that is confidential under any state or federal statute. Either

party may appeal as of right from the order pursuant to the provisions

of articles fifty-five, fifty-six and fifty-seven of the civil practice

law and rules. Where counsel has been assigned to represent the sex

offender upon the ground that the sex offender is financially unable to

retain counsel, that assignment shall be continued throughout the

pendency of the appeal, and the person may appeal as a poor person

pursuant to article eighteen-B of the county law.

4. Upon determination that the risk of repeat offense and threat to

public safety is high, the sentencing court shall also notify the

division of such fact for the purposes of section one hundred

sixty-eight-q of this article.

5. Upon the reversal of a conviction of a sexual offense defined in

paragraphs (a) and (b) of subdivision two or three of section one

hundred sixty-eight-a of this article, the appellate court shall remand

the case to the lower court for entry of an order directing the

expungement of any records required to be kept herein.

6. If a sex offender, having been given notice, including the time and

place of the determination proceeding in accordance with this section,

fails to appear at this proceeding, without sufficient excuse, the court

shall conduct the hearing and make the determinations in the manner set

forth in subdivision three of this section.

Petition for relief or modification. 1. Any sex offender who

is classified as a level two risk, and who has not been designated a

sexual predator, or a sexually violent offender, or a predicate sex

offender, who is required to register or verify pursuant to this article

and who has been registered for a minimum period of thirty years may be

relieved of any further duty to register upon the granting of a petition

for relief by the sentencing court or by the court which made the

determination regarding duration of registration and level of

notification. The sex offender shall bear the burden of proving by clear

and convincing evidence that his or her risk of repeat offense and

threat to public safety is such that registration or verification is no

longer necessary. Such petition, if granted, shall not relieve the

petitioner of the duty to register pursuant to this article upon

conviction of any offense requiring registration in the future. Such a

petition shall not be considered more than once every two years. In the

event that the sex offender's petition for relief is granted, the

district attorney may appeal as of right from the order pursuant to the

provisions of articles fifty-five, fifty-six and fifty-seven of the

civil practice law and rules. Where counsel has been assigned to

represent the sex offender upon the ground that the sex offender is

financially unable to retain counsel, that assignment shall be continued

throughout the pendency of the appeal, and the person may appeal as a

poor person pursuant to article eighteen-B of the county law.

2. Any sex offender required to register or verify pursuant to this

article may petition the sentencing court or the court which made the

determination regarding the level of notification for an order modifying

the level of notification. The petition shall set forth the level of

notification sought, together with the reasons for seeking such

determination. The sex offender shall bear the burden of proving the

facts supporting the requested modification by clear and convincing

evidence. Such a petition shall not be considered more than annually. In

the event that the sex offender's petition to modify the level of

notification is granted, the district attorney may appeal as of right

from the order pursuant to the provisions of articles fifty-five,

fifty-six and fifty-seven of the civil practice law and rules. Where

counsel has been assigned to represent the sex offender upon the ground

that the sex offender is financially unable to retain counsel, that

assignment shall be continued throughout the pendency of the appeal, and

the person may appeal as a poor person pursuant to article eighteen-B of

the county law.

3. The district attorney may file a petition to modify the level of

notification for a sex offender with the sentencing court or with the

court which made the determination regarding the level of notification,

where the sex offender (a) has been convicted of a new crime, or there

has been a determination after a proceeding pursuant to section 410.70

of the criminal procedure law or section two hundred fifty-nine-i of the

executive law that the sex offender has violated one or more conditions

imposed as part of a sentence of a conditional discharge, probation,

parole or post-release supervision for a designated crime, and (b) the

conduct underlying the new crime or the violation is of a nature that

indicates an increased risk of a repeat sex offense. The petition shall

set forth the level of notification sought, together with the reasons

for seeking such determination. The district attorney shall bear the

burden of proving the facts supporting the requested modification, by

clear and convincing evidence. In the event that the district attorney's

petition is granted, the sex offender may appeal as of right from the

order, pursuant to the provisions of articles fifty-five, fifty-six and

fifty-seven of the civil practice law and rules. Where counsel has been

assigned to represent the offender upon the ground that he or she is

financially unable to retain counsel, that assignment shall be continued

throughout the pendency of the appeal, and the person may proceed as a

poor person, pursuant to article eighteen-B of the county law.

4. Upon receipt of a petition submitted pursuant to subdivision one,

two or three of this section, the court shall forward a copy of the

petition to the board and request an updated recommendation pertaining

to the sex offender and shall provide a copy of the petition to the

other party. The court shall also advise the sex offender that he or

she has the right to be represented by counsel at the hearing and

counsel will be appointed if he or she is financially unable to retain

counsel. A returnable form shall be enclosed in the court's notice to

the sex offender on which the sex offender may apply for assignment of

counsel. If the sex offender applies for assignment of counsel and the

court finds that the offender is financially unable to retain counsel,

the court shall assign counsel to represent the offender, pursuant to

article eighteen-B of the county law. Where the petition was filed by a

district attorney, at least thirty days prior to making an updated

recommendation the board shall notify the sex offender and his or her

counsel that the offender's case is under review and he or she is

permitted to submit to the board any information relevant to the review.

The board's updated recommendation on the sex offender shall be

confidential and shall not be available for public inspection. After

receiving an updated recommendation from the board concerning a sex

offender, the court shall, at least thirty days prior to ruling upon the

petition, provide a copy of the updated recommendation to the sex

offender, the sex offender's counsel and the district attorney and

notify them, in writing, of the date set by the court for a hearing on

the petition. After reviewing the recommendation received from the board

and any relevant materials and evidence submitted by the sex offender

and the district attorney, the court may grant or deny the petition. The

court may also consult with the victim prior to making a determination

on the petition. The court shall render an order setting forth its

determination, and the findings of fact and conclusions of law on which

the determination is based. If the petition is granted, it shall be the

obligation of the court to submit a copy of its order to the division.

Upon application of either party, the court shall seal any portion of

the court file or record which contains material that is confidential

under any state or federal statute.

Special telephone number. 1. Pursuant to section one hundred

sixty-eight-b of this article, the division shall also operate a

telephone number that members of the public may call free of charge and

inquire whether a named individual required to register pursuant to this

article is listed. The division shall ascertain whether a named person

reasonably appears to be a person so listed and provide the caller with

the relevant information according to risk as described in subdivision

six of section one hundred sixty-eight-l of this article. The division

shall decide whether the named person reasonably appears to be a person

listed, based upon information from the caller providing information

that shall include (a) an exact street address, including apartment

number, driver's license number or birth date, along with additional

information that may include social security number, hair color, eye

color, height, weight, distinctive markings, ethnicity; or (b) any

combination of the above listed characteristics if an exact birth date

or address is not available. If three of the characteristics provided

include ethnicity, hair color, and eye color, other identifying

characteristics shall be provided. Any information identifying the

victim by name, birth date, address or relation to the person listed by

the division shall be excluded by the division.

2. When the telephone number is called, a preamble shall be played

which shall provide the following information:

(a) notice that the caller's telephone number will be recorded;

(b) that there is no charge for use of the telephone number;

(c) notice that the caller is required to identify himself or herself

to the operator and provide current address and shall be maintained in a

written record;

(d) notice that the caller is required to be eighteen years of age or

older;

(e) a warning that it is illegal to use information obtained through

the telephone number to commit a crime against any person listed or to

engage in illegal discrimination or harassment against such person;

(f) notice that the caller is required to have the birth date,

driver's license or identification number, or address or other

identifying information regarding the person about whom information is

sought in order to achieve a positive identification of that person;

(g) a statement that the number is not a crime hotline and that any

suspected criminal activity should be reported to local authorities;

(h) a statement that an information package which will include a

description of the law and sex abuse and abduction prevention materials

is available upon request from the division. Such information package

shall include questions and answers regarding the most commonly asked

questions about the sex offender registration act, and current sex abuse

and abduction prevention material.

2-a. (a) The division shall establish a program allowing non-profit

and not-for-profit youth services organizations to pre-register with the

division for use of the telephone number. Pre-registration shall include

the identification of up to two officials of the organization who may

call the telephone number and obtain information on behalf of the

organization. A pre-registered certificate issued under this subdivision

shall be valid for two years, unless earlier revoked by the division for

good cause shown. No fee shall be charged to an applicant for the

issuance of a pre-registered certificate pursuant to this subdivision.

(b) An organization granted a pre-registered certificate pursuant to

this subdivision may, upon calling the telephone number, inquire whether

multiple named individuals are listed on the sex offender registry.

Notwithstanding any per call limitation the division may place on calls

by private individuals, the division shall allow such pre-registered

organizations to inquire about up to twenty prospective coaches, leaders

or volunteers in each call to the telephone number.

(c) For purposes of this subdivision, "youth services organization"

shall mean a formalized program operated by a corporation pursuant to

subparagraph five of paragraph (a) of section one hundred two of the

not-for-profit corporation law that functions primarily to: (a) provide

children the opportunity to participate in adult-supervised sporting

activities; or (b) match children or groups of children with adult

volunteers for the purpose of providing children with positive role

models to enhance their development.

2-b. The division shall maintain a program allowing a transportation

network company (TNC), as defined in section one thousand six hundred

ninety-one of the vehicle and traffic law, to electronically submit

multiple names, and other necessary identifying information as required

by the division and in accordance with subdivision one of this section,

of applicants applying to be TNC drivers for the purpose of determining

whether such applicants are listed on the sex offender registry pursuant

to this article. The division shall respond to such inquiry

electronically, within four business days, and notify such TNC of any

such applicant who is listed on the registry pursuant to this article. A

TNC shall pre-register with the division before the electronic

submission of names and shall agree in writing that information obtained

by a TNC pursuant to this subdivision be used only for the purposes of

determining eligibility of an applicant for a TNC permit, pursuant to

sections one thousand six hundred ninety-six and one thousand six

hundred ninety-nine of the vehicle and traffic law, by designated

employees of such TNC and that such information shall not be distributed

or disclosed except as specifically authorized by law.

3. Whenever there is reasonable cause to believe that any person or

group of persons is engaged in a pattern or practice of misuse of the

telephone number, the attorney general, any district attorney or any

person aggrieved by the misuse of the number is authorized to bring a

civil action in the appropriate court requesting preventive relief,

including an application for a permanent or temporary injunction,

restraining order or other order against the person or group of persons

responsible for the pattern or practice of misuse. The foregoing

remedies shall be independent of any other remedies or procedures that

may be available to an aggrieved party under other provisions of law.

Such person or group of persons shall be subject to a fine of not less

than five hundred dollars and not more than one thousand dollars.

4. The division shall submit to the legislature an annual report on

the operation of the telephone number. The annual report shall include,

but not be limited to, all of the following:

(a) number of calls received;

(b) a detailed outline of the amount of money expended and the manner

in which it was expended for purposes of this section;

(c) number of calls that resulted in an affirmative response and the

number of calls that resulted in a negative response with regard to

whether a named individual was listed;

(d) number of persons listed; and

(e) a summary of the success of the telephone number program based

upon selected factors.

Subdirectory; internet posting. 1. The division shall

maintain a subdirectory of level two and three sex offenders. The

subdirectory shall include the exact address, address of the offender's

place of employment and photograph of the sex offender along with the

following information, if available: name, physical description, age and

distinctive markings. Background information including all of the sex

offender's crimes of conviction that require him or her to register

pursuant to this article, modus of operation, type of victim targeted,

the name and address of any institution of higher education at which the

sex offender is enrolled, attends, is employed or resides and a

description of special conditions imposed on the sex offender shall also

be included. The subdirectory shall have sex offender listings

categorized by county and zip code. Such subdirectory shall be made

available at all times on the internet via the division homepage. Any

person may apply to the division to receive automated e-mail

notifications whenever a new or updated subdirectory registration occurs

in a geographic area specified by such person. The division shall

furnish such service at no charge to such person, who shall request

e-mail notification by county and/or zip code on forms developed and

provided by the division. E-mail notification is limited to three

geographic areas per e-mail account.

2. Any person who uses information disclosed pursuant to this section

in violation of the law shall in addition to any other penalty or fine

imposed, be subject to a fine of not less than five hundred dollars and

not more than one thousand dollars. Unauthorized removal or duplication

of the subdirectory from the offices of local, village or city police

department shall be punishable by a fine not to exceed one thousand

dollars. In addition, the attorney general, any district attorney, or

any person aggrieved is authorized to bring a civil action in the

appropriate court requesting preventive relief, including an application

for a permanent or temporary injunction, restraining order, or other

order against the person or group of persons responsible for such

action. The foregoing remedies shall be independent of any other

remedies or procedures that may be available to an aggrieved party under

other provisions of law.

Immunity from liability. 1. No official, employee or agency,

whether public or private, shall be subject to any civil or criminal

liability for damages for any discretionary decision to release relevant

and necessary information pursuant to this section, unless it is shown

that such official, employee or agency acted with gross negligence or in

bad faith. The immunity provided under this section applies to the

release of relevant information to other employees or officials or to

the general public.

2. Nothing in this section shall be deemed to impose any civil or

criminal liability upon or to give rise to a cause of action against any

official, employee or agency, whether public or private, for failing to

release information as authorized in this section unless it is shown

that such official, employee or agency acted with gross negligence or in

bad faith.

Annual report. The division shall on or before February first

in each year file a report with the governor, and the legislature

detailing the program, compliance with provisions of this article and

effectiveness of the provisions of this article, together with any

recommendations to further enhance the intent of this article.

Penalty. Any sex offender required to register or to verify

pursuant to the provisions of this article who fails to register or

verify in the manner and within the time periods provided for in this

article shall be guilty of a class E felony upon conviction for the

first offense, and upon conviction for a second or subsequent offense

shall be guilty of a class D felony. Any sex offender who violates the

provisions of section one hundred sixty-eight-v of this article shall be

guilty of a class A misdemeanor upon conviction for the first offense,

and upon conviction for a second or subsequent offense shall be guilty

of a class D felony. Any such failure to register or verify may also be

the basis for revocation of parole pursuant to section two hundred

fifty-nine-i of the executive law or the basis for revocation of

probation pursuant to article four hundred ten of the criminal procedure

law.

Unauthorized release of information. The unauthorized

release of any information required by this article shall be a class B

misdemeanor.

Prohibition of employment on motor vehicles engaged in retail

sales of frozen desserts. No person required to maintain registration

under this article (sex offender registration act) shall operate, be

employed on or dispense goods for sale at retail on a motor vehicle

engaged in retail sales of frozen desserts as defined in subdivision

thirty-seven of section three hundred seventy-five of the vehicle and

traffic law.

Separability. If any section of this article, or part thereof

shall be adjudged by a court of competent jurisdiction to be invalid,

such judgment shall not affect, impair or invalidate the remainder or

any other section or part thereof.

Contracts prohibited. 1. The commissioner shall not, nor shall

any other authority whatsoever, make any contract by which the labor or

time of any incarcerated individual in any state or local correctional

facility in this state, or the product or profit of his or her work,

shall be contracted, let, farmed out, given or sold to any person, firm,

association or corporation; except that the incarcerated individuals in

said correctional institutions may work for, and the products of their

labor may be disposed of to, the state or any political subdivision

thereof, any public institution owned or managed and controlled by the

state, or any political subdivision thereof, provided that no

incarcerated individual shall be employed or assigned to engage in any

activity that involves obtaining access to, collecting or processing

social security account numbers of other individuals.

2. Notwithstanding any other provision of law, it shall be lawful for

an incarcerated individual of the department to work in an institution

of the department in the manufacture and production of goods, including

but not limited to, license plates, identification plates and insignia

for vehicles, and for the department to sell or otherwise dispose of for

profit such goods to the government of the United States or to any state

of the United States, or political subdivision thereof, or any public

corporation or eleemosynary association or corporation funded in whole

or in part by any federal, state or local funds.

3. Notwithstanding any other provision of law, an incarcerated

individual may be permitted to leave the institution under guard to

voluntarily perform work for a nonprofit organization. As used in this

section, the term "nonprofit organization" means an organization

operated exclusively for religious, charitable, or educational purposes,

no part of the net earnings of which inures to the benefit of any

private shareholder or individual.

Incarcerated individuals to be employed; products of labor of

incarcerated individuals. 1. The commissioner and the superintendents

and officials of all penitentiaries in the state may cause incarcerated

individuals in the state correctional facilities and such penitentiaries

who are physically capable thereof to be employed for not to exceed

eight hours of each day other than Sundays and public holidays.

Notwithstanding any other provision of this section, however, the

commissioner and superintendents of state correctional facilities may

employ incarcerated individuals on a volunteer basis on Sundays and

public holidays in specialized areas of the facility, including kitchen

areas, vehicular garages, rubbish pickup and grounds maintenance,

providing, however, that incarcerated individuals so employed shall be

allowed an alternative free day within the normal work week.

2. Such labor shall be either for the purpose of the production of

supplies for said institutions, or for the state, or any political

subdivision thereof, or for any public institution owned or managed and

controlled by the state, or any political subdivision thereof; or for

the purpose of industrial training and instruction, or partly for one,

and partly for the other of such purposes.

Labor of incarcerated individuals in state and local

correctional facilities. 1. The labor of incarcerated individuals in the

state correctional facilities, after the necessary labor for and

manufacture of all needed supplies for said institutions, shall be

primarily devoted to the state, the public buildings and institutions

thereof, and the manufacture of supplies for the state, and public

institutions thereof, and secondly to the political subdivisions of the

state, and public institutions thereof;

2. The labor of incarcerated individuals in local correctional

facilities after the necessary labor for and manufacture of all needed

supplies for the same, shall be primarily devoted to the counties,

respectively, in which said local correctional facilities are located,

and the towns, cities and villages therein, and to the manufacture of

supplies for the public institutions of the counties, or the political

subdivisions thereof, and secondly to the state and the public

institutions thereof;

3. However, for the purpose of distributing, marketing or sale of the

whole or any part of the product of any correctional facility in the

state, other than by said state correctional facilities, to the state or

to any political subdivisions thereof or to any public institutions

owned or managed and controlled by the state, or by any political

subdivisions thereof, or to any public corporation, authority, or

eleemosynary association funded in whole or in part by any federal,

state or local funds, the sheriff of any such local correctional

facility and the commissioner of corrections and community supervision

may enter into a contract or contracts which may determine the kinds and

qualities of articles to be produced by such institution and the method

of distribution and sale thereof by the commissioner of corrections and

community supervision or under his or her direction, either in separate

lots or in combination with the products of other such institutions and

with the products produced by incarcerated individuals in state

correctional facilities. Such contracts may fix and determine any and

all terms and conditions for the disposition of such products and the

disposition of proceeds of sale thereof and any and all other terms and

conditions as may be agreed upon, not inconsistent with the

constitution. However, no such contract shall be for a period of more

than one year and any prices fixed by such contract shall be the prices

established pursuant to section one hundred eighty-six of this article

for like articles or shall be approved by the department of corrections

and community supervision and the director of the budget on presentation

to them of a copy of such contract or proposed contract, and provided

further that any distribution or diversification of industries provided

for by such contract shall be in accordance with the rules and

regulations established by the department of corrections and community

supervision or shall be approved by such department on presentation to

it of a copy of such contract or proposed contract.

4. No product manufactured in whole or in part by incarcerated

individuals in any correctional facility of the state or of a political

subdivision thereof, shall be sold, or otherwise disposed of for profit,

by any officer, or administrative body, of such institution, or by any

officer, or administrative body of the state, or of a political

subdivision thereof, except to the state itself or to a political

subdivision thereof, the government of the United States or to any state

of the United States, or to an officer or administrative body of the

state, or of a political subdivision thereof, or to or for a public

institution owned or managed and controlled by the state or by any

political subdivision thereof, or to a public corporation, authority, or

eleemosynary association funded in whole or in part by federal, state or

local funds. In no case shall said products be purchased for the purpose

of resale or for their disposition for profit in a manner not herein

provided for in the first instance.

5. The commissioner shall be authorized to enter into agreements to

sell food and drink products made at the food production center of the

department to food kitchens, homeless shelters and other eleemosynary

organizations funded in whole or in part by federal, state or local

funds and to counties for governmental purposes. All proceeds from such

sales shall be deposited into an account which shall only be used for

the continued operation of the food production center. The charge for

these products, included in the agreements between the commissioner and

these eleemosynary organizations, shall not exceed the costs associated

with the production and transportation of the products for sale. The

commissioner may, in his or her discretion, and by whatever means he or

she deems appropriate, notify such organizations of the availability of

such products for sale.

6. Notwithstanding any other provision of law, an incarcerated

individual may be permitted to leave the institution under guard to

voluntarily perform work for a nonprofit organization. As used in this

section, the term "nonprofit organization" means an organization

operated exclusively for religious, charitable, or educational purposes,

no part of the net earnings of which inures to the benefit of any

private shareholder or individual.

7. A violation of any of the foregoing provisions shall constitute

sufficient cause for the removal of such officer or board of

administration by the duly constituted authority having jurisdiction.

Participation in work release and other community activities.

Nothing contained in this article shall be construed or applied so as to

prohibit private employment of incarcerated individuals in the community

under a work release program, or a residential treatment facility

program formulated pursuant to any provision of this chapter.

Classification of industries; report concerning industries. 1.

It shall be the duty of the commissioner to distribute, among the

correctional institutions under his jurisdiction, the labor and

industries assigned to said institutions, due regard being had to the

location and convenience of the prisons, and of the other institutions

to be supplied, the machinery now therein and the number of prisoners,

in order to secure the best service and distribution of the labor, and

to employ the prisoners, so far as practicable, in occupations in which

they will be most likely to obtain employment after their discharge from

imprisonment. The commissioner shall change or dispose of the present

plants and machinery in said institutions now used in industries which

shall be discontinued, and which can not be used in the industries

hereafter to be carried on in said prisons, due effort to be made by

full notice to probable purchasers, in case of sales of industries or

machinery, to obtain the best price possible for the property sold, and

good will of the business to be discontinued.

2. The commissioner shall submit reports, quarterly, to the senate

finance committee, the assembly ways and means committee, and the

director of the budget, regarding industries under his jurisdiction.

Such reports shall include, but not be limited to, the following:

(a) all materials, machinery or other property procured, and the cost

thereof;

(b) all other expenditures and the nature thereof;

(c) all receipts and the nature thereof;

(d) all inventory on hand at the opening and closing of the quarter;

(e) recommendations regarding the continuance of the program.

Articles manufactured to be furnished to the state or

subdivisions thereof. 1. The commissioner is authorized and directed to

cause to be manufactured or prepared by the incarcerated individuals in

the state correctional facilities, such articles as are needed and used

therein, and also, such articles as are required by the state or

political subdivisions thereof, and in the buildings, offices and public

institutions owned or managed and controlled by the state, including

articles and materials to be used in the erection of the buildings, and

including material for the construction, improvement or repair of

highways, streets and roads.

2. All such articles manufactured or prepared in the state

correctional facilities, or by incarcerated individuals, and not

required for use therein, shall be of the styles, patterns, designs and

qualities fixed by the department of corrections and community

supervision, except where the same have been or may be fixed by the

office of general services in the executive department. Such articles

may be furnished to the state, or to any political subdivision thereof,

or for or to any public institution owned or managed and controlled by

the state, or any political subdivision thereof, government of the

United States or to any state of the United States or subdivision

thereof or to any public corporation, authority, or eleemosynary

association funded in whole or in part by any federal, state or local

funds, at and for such prices as shall be fixed and determined as

hereinafter provided, upon the requisitions of the proper officials

thereof. No article so manufactured or prepared shall be purchased from

any other source, for the state or public institutions of the state, or

the political subdivisions thereof, or public benefit corporations,

authorities or commissions, unless the commissioner of corrections and

community supervision shall certify that the same can not be furnished

upon such requisition, and no claim therefor shall be audited or paid

without such certificate.

Estimates of articles required to be furnished. On or before

July first in each year, the proper officials of the state, and the

political subdivisions thereof, and of the institutions of the state, or

political subdivisions thereof, shall report to the department of

corrections and community supervision estimates for the ensuing year of

the amount of supplies of different kinds required to be purchased by

them that can be furnished by the correctional facilities in the state.

The commissioner of corrections and community supervision is authorized

to make regulations for said reports, to provide for the manner in which

requisitions shall be made for supplies, and to provide for the proper

diversification of the industries in the correctional facilities.

Prices of labor performed and articles manufactured in

correctional facilities. 1. The commissioner shall establish the prices

at which all services performed, and all articles manufactured in the

correctional facilities in this state, and furnished to the state, or

the political subdivisions thereof, or to the public institutions

thereof, or to public benefit corporations, authorities or commissions.

However, prices for goods or services furnished by the local

correctional facilities to or for the county in which they are located,

or the political subdivisions thereof, shall be fixed by the board of

supervisors of such counties, except the counties located within New

York city, in which the prices shall be fixed by the commissioner. It

shall also be the duty of such boards, respectively, to classify the

buildings, offices and institutions owned or managed and controlled by

the state, and the political subdivisions thereof, and to fix and

determine the styles, patterns, designs and qualities of the articles to

be manufactured for such buildings, offices and public institutions,

except where the same have been fixed or their specifications approved

by the office of general services in the executive department. So far as

practicable, all supplies used in such buildings, offices and public

institutions shall be uniform for each class, and of the styles,

patterns, designs and qualities that can be manufactured in the

correctional facilities in this state.

2. The prices established by the commissioner shall be based upon

costs as determined pursuant to this subdivision, but shall not exceed a

reasonable fair market price determined at or within ninety days before

the time of sale. Fair market price as used herein means the price at

which a vendor of the same or similar product or service who is

regularly engaged in the business of selling such product or service

offers to sell such a product or service under similar terms in the same

market. However, the price established by the commissioner for license

plates sold to the New York state department of motor vehicles shall in

no event exceed an amount approved by the director of the budget.

First instance appropriations to the department of corrections and

community supervision for correctional industries shall be reimbursed

pursuant to an agreement with the director of the budget. In the absence

of a first instance appropriation, costs shall be determined in

accordance with an agreement between the commissioner of corrections and

community supervision and the director of the budget. Any such agreement

shall include, among other provisions deemed necessary by the budget

director for the purposes of enabling programmatic overview and fiscal

controls, one or more methodologies for the determination of costs

attributable to correctional industries or to any product manufactured

in the institutions of the department or distributed, marketed or sold

by the commissioner pursuant to this section, section one hundred

seventy-seven of this article or section one hundred seventy-five of the

state finance law.

3. A purchaser of any such product or services may, at any time prior

to or within thirty days of the time of sale, appeal the purchase price

on the basis that it unreasonably exceeds fair market price. Such appeal

shall be raised in a form to be provided for by the commissioner

pursuant to rule and shall include a verified statement setting forth

the basis of an alternative fair market price determined according to

the standards for establishing prices set forth in subdivision two of

this section.

An appeal brought by such a purchaser as to the reasonableness of the

fair market price established pursuant to subdivision two of this

section shall be decided by majority vote of a three-member price review

board consisting of the director of the budget, the commissioner and the

commissioner of the office of general services or their representatives.

All hearings before such price review board shall be governed by the

rules to be adopted and prescribed by such board. The hearings of such

board may, in the discretion of a majority of its members, be open to

the public, but shall not be bound by the technical rules of evidence.

The price review board shall permit the parties to such an appeal to

present such evidence, in person or through their attorneys, as the

board may deem necessary for its determination. A stenographic record

shall be kept of any proceeding before such board and the decision of

the board shall be in writing and state the reasons for such decision.

The decision of such board as to the reasonableness of the price

established by the commissioner shall be conclusive on all parties. If

the board finds that a price unreasonably exceeds the fair market price,

it may adjust the sales price with respect to such purchaser. Prices so

adjusted shall otherwise apply prospectively to purchases made

subsequent to such adjustment until such time as new prices are

established pursuant to subdivision two of this section. In the event

that payment has been made, upon such adjustment of price, any excess

paid to the state shall be refunded to such purchaser on a voucher

signed by the commissioner within amounts available therefor or at the

option of the purchaser, the commissioner may credit such excess amount

toward any future purchase.

4. The state or the political subdivisions thereof, or public

institutions thereof, or public benefit corporations, authorities or

commissions shall purchase the products manufactured in correctional

institutions in this state in accordance with their needs and at prices

established pursuant to this section.

Earnings of incarcerated individuals. 1. Every incarcerated

individual confined in a state correctional facility, subject to the

rules and regulations of the department of corrections and community

supervision, and every incarcerated individual confined in a local

correctional facility, in the discretion of the sheriff thereof, may

receive compensation for work performed during his or her imprisonment.

Such compensation shall be graded by the department of corrections and

community supervision with regard to incarcerated individuals employed

in prison industries, based upon the work performed by such prisoners

for prisoners confined in state correctional facilities, and by the

sheriffs in all local correctional facilities for incarcerated

individuals confined therein.

2. The department of corrections and community supervision shall adopt

rules, subject to the approval of the director of the budget, for

establishing in all of the state correctional facilities a system of

compensation for the incarcerated individuals confined therein. Such

rules shall provide for the payment of compensation to each incarcerated

individual, who shall meet the requirements established by the

department of corrections and community supervision, based upon the work

performed by such incarcerated individuals.

3. The department shall prepare graded wage schedules for incarcerated

individuals, which schedules shall be based upon classifications

according to the value of work performed by each. Such schedules need

not be uniform in all institutions. The rules of the department shall

also provide for the establishment of a credit system for each

incarcerated individual and the manner in which such earnings shall be

paid to the incarcerated individual or his or her dependents or held in

trust for him or her until his or her release.

4. Any compensation paid to an incarcerated individual under this

article shall be based on the work performed by such incarcerated

individual. Compensation may be paid from moneys appropriated to the

department and available to facilities for nonpersonal service.

Disposition of moneys paid to prisoner for his labor. The

amount of such compensation to the credit of any prisoner may be drawn

by the prisoner during his imprisonment, only upon approval of the

commissioner to aid dependent relatives of such prisoner, or for such

other purposes as the commissioner may approve. Such disbursement to aid

a dependent relative of a prisoner may be made without the consent of

such prisoner upon the certificate of the commissioner of welfare, or

other officer performing the duties of a commissioner of welfare, of the

community in which such dependent is located. Any balance to the credit

of any prisoner at the time of his conditional release as provided by

this chapter shall be subject to the draft of the prisoner in such

amounts and at such times as the commissioner shall approve; provided,

however, that at the date of absolute discharge of any prisoner the

balance as aforesaid shall be paid to such prisoner.

Monthly statement of receipts and expenditures for industries.

The warden of each of the state prisons shall, on the first of each

month, make a full detailed statement of all materials, machinery or

other property procured, and of the cost thereof, and of the

expenditures made during the last preceding month for manufacturing

purposes, together with a statement of all materials then on hand to be

manufactured, or in process of manufacture, or manufactured, and of

machinery, fixtures or other appurtenances for the purpose of carrying

on the labor of the prisoners, and the amount and kinds of work done,

and the earnings realized, and the total amount of moneys coming into

his or her hands as such warden during such last preceding month as the

proceeds of the labor of the prisoners at such prison, which statement

shall be verified by the oath of such warden to be just and true, and

shall be by him or her forwarded to the department.

Disposition of machinery on discontinuance of industry.

Whenever any trade or industry is discontinued at any state correctional

institution and it appears to the satisfaction of the commissioner, that

such trade or industry will not again be put in operation in any state

correctional institution, he must report that fact to the comptroller,

and at the same time furnish the comptroller with a schedule of the

machinery, tools, apparatus and other appurtenances belonging to such

trade or industry or used in connection therewith, and an estimate of

the value of same, and also the quantity and value of the stock and

manufactured product of such trade or industry then on hand, and the

commissioner shall, with the approval of the comptroller, sell and

dispose of all such unused and unnecessary machinery, tools, apparatus,

stock and manufactured product. Said property shall be sold as provided

in section one hundred seventy-eight of the state finance law. Any

moneys received from such sale as aforesaid, after deducting all

necessary and actual expenses, shall be deposited in the treasury to the

credit of the correctional industry fund.

Violations of institutional labor regulations. Any contract

made by the commissioner of correction or warden of any prison, or by

any officer or any other authority whatsoever, of any prison,

reformatory, penitentiary or other correctional institution of this

state, in violation of, or contrary to, the provisions of this article,

shall be null and void. It shall be the duty of any such officer or

authorities to furnish to the attorney-general, upon demand therefor, a

true copy, if in writing, and if not, in substance, of any contract made

by such officer or authorities, relating in any way to the system of

labor adopted, or to the employment of prisoners in any of said prisons,

reformatories, penitentiaries or other correctional institutions.

Whenever the attorney-general shall be satisfied that any contract made

as aforesaid is contrary to or in violation of this article, or that any

of the officers or authorities aforesaid have entered into or are

engaged in any contract or arrangement for the labor of prisoners, or

relating to the system adopted or continued in said institutions, which

contract or arrangement is contrary to or in violation of law as

aforesaid, if he shall be of the opinion that the facts require such

action, he is hereby authorized to bring an action in the supreme court

in the name of the people of the state of New York, in any county which

he may select, for the purpose of testing the validity of any contract

or arrangement made by any of the officers herein named, relating in any

way to the system of labor adopted, or the employment of prisoners in

any of said prisons, reformatories, penitentiaries or other correctional

institutions, or to determine the validity of any act or thing done by

any officer herein mentioned, which act or thing shall be alleged to

have been in violation of this article. Any party to such contract,

agreement or arrangement as aforesaid, or interested in the

determination of such action, shall be made defendant, and pending the

trial or hearing of the facts alleged, or of any issue made as

aforesaid, the court shall, upon notice of the attorney-general, and

upon a petition duly verified showing the making of any contract or

arrangement in violation of the provisions of this article, or the doing

of any act or thing by any of the parties defendant, in violation of

this article, grant an injunction order, restraining the parties named

in said order from the further prosecution of the business complained

of, or from the further performance of the contract or arrangement

claimed to have been entered into as aforesaid, and to restrain and

enjoin such officer from the further continuance of any act alleged to

be in violation of this article. And any disobedience of such injunction

order shall be punishable as provided by article nineteen of the

judiciary law. And upon any trial had, judgment shall follow the

findings of fact made by the court or jury, as in other cases, and with

costs, in the discretion of the court.

Occupational therapy. Nothing in this article contained shall

be deemed to apply to occupational therapy in any penal or correctional

institution, or to prohibit the sale of the products resulting

therefrom. Such sale and the disposition of the proceeds thereof shall

be governed by rules and regulations of the head of the department or

other like governmental authority having jurisdiction. For the purpose

of this section, occupational therapy is defined as any activity in the

nature of individual art or handicraft, prescribed, guided or supervised

for the purpose of contributing to the welfare or rehabilitation of any

incarcerated individual or incarcerated individuals of such

institutions.

Incarcerated individual occupational therapy fund. 1. The

commissioner of corrections and community supervision may authorize the

superintendent or director of any correctional institution to establish

an incarcerated individual occupational therapy fund for the receipt of

proceeds from a product sold, as authorized by section one hundred

ninety-seven of this article, by one or more incarcerated individuals as

incident to an avocational or vocational project approved by the

commissioner, including but not limited to, art, music, drama,

handicraft, or sports.

2. Pursuant to rules, regulations or directions of the commissioner,

moneys of the fund may: (a) be made available to the superintendent or

director to be used for the general benefit of the incarcerated

individuals of the correctional institution wherein the product was

produced, including but not limited to, furnishing materials and

supplies to an incarcerated individual or incarcerated individuals for

an avocational or vocational project and the transporting of a product

thereof for sale, display or otherwise and for recreational activities;

or (b) be disbursed as follows: (i) an amount equal to the proceeds from

the sale of a product produced by one incarcerated individual may be

deposited to the account of such incarcerated individual pursuant to

section one hundred sixteen of this chapter; or (ii) an amount equal to

the proceeds from the sale of a product produced by two or more

incarcerated individuals may be divided equally among such incarcerated

individuals and deposited to their respective accounts pursuant to

section one hundred sixteen of this chapter.

3. In determining the amount of the proceeds from a sale of a product

that may be deposited to the account of an incarcerated individual, the

commissioner may provide for the deduction from the sum of the proceeds

the reasonable expenses of the department of corrections and community

supervision incident to the sale, including but not limited to, the

value of materials and supplies for the production of the product

supplied without financial charge to the incarcerated individual and the

expenses of transporting the product for sale or display or otherwise.

* § 199. Establishment of inmate employment list. 1. The department of

correctional services shall maintain a list of inmates who are eligible

for consideration for release on parole or otherwise within twelve

months. Such list shall be amended every other month in order to add

newly eligible inmates and to remove from the list inmates who have been

discharged from the custody of the department. Inmates shall be included

in such list only upon their own written request. The list shall be

known as the "inmate-employment list" and it shall contain the names of

inmates, their home towns, the vocational and educational training

programs completed by the inmates while incarcerated, jobs held by the

inmates while incarcerated, the institution at which the inmate is

lodged, and other information the department feels would be useful to

prospective employers of such inmates upon their release. Such list

shall be provided, upon written request, to approved prospective

employers who have first submitted information required by the

department. The department shall permit approved prospective employers

to visit facilities operated by the department in order to interview

inmates whose names appear on the employment lists for the purpose of

possible employment upon the inmate's release. Approved prospective

employers wishing to interview inmates must notify the department in

writing. If the department is unable to permit job interviews on the

date requested by the approved prospective employer, it shall provide an

alternative date.

2. For the purposes of this section only the term "approved

prospective employers" shall mean those individuals or corporations who

have stated an interest in employing former inmates and have supplied

the information requested by the department, which shall be reviewed by

the commissioner of correctional services prior to designating them as

approved prospective employers.

* NB Expired June 1, 1980

Department programs and incentive allowances. 1. For the

purpose of this section the term "incentive allowance" means monies

allowed an incarcerated individual of a state correctional institution

for the efficient and willing performance of duties assigned or progress

and achievement in educational, career and industrial training programs.

2. In lieu of the system of labor in correctional institutions

established by this article, the commissioner may, in order to

facilitate an incarcerated individual's eventual reintegration into

society, establish for the incarcerated individuals in one or more state

correctional institutions a system of educational, career and industrial

training programs, and of incentive allowances for each such program.

3. For each institution wherein such system is established the

commissioner shall prepare, and may at times revise, graded incentive

allowance schedules for the incarcerated individuals within each such

program based upon the levels of performance and achievement by an

incarcerated individual in a program to which he or she has been

assigned. Upon the approval of the director of the budget such schedules

or revisions thereof may be promulgated.

4. The commissioner shall also provide for the establishment of a

credit system for each incarcerated individual and the manner in which

incentive allowances shall be paid to the incarcerated individual or his

or her dependents or held in trust for him or her until his or her

release. The amount of incentive allowed to the credit of any

incarcerated individual shall be disposed of as provided by section one

hundred eighty-nine of this article.

5. Incentive allowances may be paid from monies provided to the

department and available to the facilities for non-personal services or

from the correctional industry training and career education fund.

6. Except as otherwise provided by this section, those provisions of

law dealing with labor in state correctional institutions shall apply to

industrial training in state correctional institutions including the

disposition of services rendered and products produced incidental to

such industrial training.

Authority and responsibility for community supervision. 1. The

department shall have responsibility for the preparation of reports and

other data required by the state board of parole in the exercise of its

independent decision making functions.

2. In accordance with the provisions of this chapter, the department

shall supervise incarcerated individuals released to community

supervision, except that the department may consent to the supervision

of a released incarcerated individual by the United States parole

commission pursuant to the witness security act of nineteen hundred

eighty-four.

3. To facilitate the supervision of all incarcerated individuals

released to community supervision, the commissioner shall consider the

implementation of a program of graduated sanctions, including but not

limited to the utilization of a risk and needs assessment instrument

that would be administered to all incarcerated individuals eligible for

community supervision. Such a program would include various components

including approaches that concentrate supervision on new releases,

alternatives to incarceration for technical parole violators and the use

of enhanced technologies.

4. The department shall conduct such investigations as may be

necessary in connection with alleged violations of community

supervision.

5. The department shall assist incarcerated individuals eligible for

community supervision and individuals who are on community supervision

to secure employment, educational or vocational training, and housing.

Any program the department requires a person on community supervision to

take as a condition of such supervision shall not unreasonably interfere

with such person's employment, educational or vocational training

schedule unless such program is a residential treatment program.

6. The department shall have the duty to provide written notice to

incarcerated individuals prior to release to community supervision or

pursuant to subdivision six of section 410.91 of the criminal procedure

law of any requirement to report to the office of victim services any

funds of a convicted person as defined in section six hundred

thirty-two-a of the executive law, the procedure for such reporting and

any potential penalty for a failure to comply.

7. The department shall encourage apprenticeship training of such

persons through the assistance and cooperation of industrial, commercial

and labor organizations.

8. The department may establish a community supervision transition

program, which is hereby defined as community-based residential

facilities designed to aid community supervision violators to develop an

increased capacity for adjustment to community living. Presumptive

releasees, parolees, conditional releasees and those under post-release

supervision who have either (a) been found pursuant to article twelve-B

of the executive law to have violated one or more conditions of release

in an important respect, or (b) allegedly violated one or more of such

conditions upon a finding of probable cause at a preliminary hearing or

upon the waiver thereof may be placed in a community supervision

transition facility. Placement in such a facility upon a finding of

probable cause or the waiver thereof shall not preclude the conduct of a

revocation hearing, nor, absent a waiver, operate to deny the releasee's

right to such revocation hearing.

10. The department shall have the power to grant and revoke

certificates of relief from disabilities and certificates of good

conduct as provided for by law.

11. In any case where a person is entitled to jail time credit under

the provisions of paragraph (c) of subdivision three of section 70.40 of

the penal law, to certify to the person in charge of the institution in

which such person's sentence is being served the amount of such credit.

12. The department shall supervise all persons who are released and

subject to a regimen of strict and intensive supervision and treatment

pursuant to article ten of the mental hygiene law. The department shall

issue and periodically update rules and regulations concerning the

supervision of such persons in consultation with the office of sex

offender management in the division of criminal justice services and the

office of mental health.

13. The department shall perform such other functions as are necessary

and proper in furtherance of the objective of maintaining an effective,

efficient and fair system of community supervision.

14. The commissioner shall promulgate such regulations as are

necessary and proper for the efficient performance of the functions set

forth in this article. He or she shall have the authority to contract

with public or private agencies for the performance of the functions set

forth in this section as are necessary or appropriate to promote the

efficient performance of such responsibilities, except the functions

defined in subdivisions one, two, four, ten and twelve of this section.

15. The commissioner shall provide an annual report to the temporary

president of the senate, the speaker of the assembly, the minority

leader of the senate and minority leader of the assembly, commencing

January first, two thousand twelve. Such report shall include but not be

limited to the number of persons: released to community supervision and

the release type; supervised on community supervision during the

preceding year; whose community supervision was revoked; returned to

incarceration for conviction of a new felony committed while on

community supervision; transferred out of state pursuant to the

Interstate Compact for Adult Supervision. In addition, the commissioner

shall provide other available information regarding community

supervision to the temporary president of the senate, the speaker of the

assembly, the minority leader of the senate and minority leader of the

assembly upon request.