Relates to the correction medical review board's access to autopsies

To clarify an existing statutory duty of coroners and medical examiners to promptly provide an inmate's autopsy and toxicology report to the Commission of Correction's Medical Review Board.

Summary of Provisions:

Section 1 of the proposal amends subdivision (5) of section 674 of the County Law to clarify that a coroner or medical examiner shall promptly perform, or cause to be performed, an autopsy and prepare an autopsy and toxicological report with respect to the death of any inmate, notwith- standing County Law section 670 or any other law.

Section 2 of the proposal amends subdivision (6) of section 677 of the County Law to clarify that a coroner or medical examiner shall promptly provide an inmate autopsy and toxicology report to the Commission of Correction's Medical Review Board and the Commissioner of the Department of Corrections and Community Supervision (DOCCS), notwithstanding County Law section 670 or any other law The proposal would similarly clarify the statutory entitlement of the Justice Center for the Protection of People with Special Needs to autopsies of OMH, OCFS, DOH and SED facili- ty residents.

Section 3 of the proposal amends subdivision (3) of section 46 of the correction law to allow the Commission of Correction to apply for an order of the Supreme Court where a coroner or medical examiner fails to provide the Commission with an inmate autopsy and toxicology report pursuant to the County Law.

Section 4 makes the proposal effective immediately.

Existing Law:

County Law § 674(5) requires a coroner or medical examiner to "promptly perform or cause to be performed an autopsy and to prepare an autopsy report which shall include a toxicological report and any report of any examination or inquiry with respect to any death occurring within his county to an inmate of a correctional facility, whether or not the death occurred inside such facility." Further, County Law § 677(6) provides that the coroner or medical examiner "shall promptly provide the chair- man of the Correction Medical Review Boardwith copies of any autopsy report, toxicological report or any report of examination or inquiry prepared with respect to any death occurring to an inmate." County Law 670 renders inapplicable the previous two sections, as well as the

remainder of County Law Article 17-A, where a county's charter, local law or administrative code conflicts with or limits any such provision of the County Law.

Prior Legislative History:

This is a new proposal.

Statement in Support:

In the wake of the Attica prison riots, Article 3 of the Correction Law was ratified in 1975 to restructure the Commission of Correction Gover- nor Hugh L. Carey's accompanying memorandum stated that the "purpose of these bills is to establish a full-time and vigorous watchdog organiza- tion to oversee the performance of the State and local correctional system," and that "(i)t is of utmost importance that there be some inde- pendent and effective oversight of the operations of this system to assure the public that its performance meets or exceeds acceptable stan- dards " McKinney's 1975 Session Laws of New York, p 1705.

Included in the reform was the formation of the Commission's Correction Medical Review Board (MRB), which was charged by the New York State Correction Law to investigate and review the cause and circumstances surrounding the death of any inmate of a correctional facility, Upon such review, the MRB is tasked with submitting a report to the Commis- sion, including appropriate recommendations to prevent the recurrence of such deaths. To effectuate this duty, the Commission and its MRB are entitled access to records and information otherwise held strictly confidential and privileged, including medical and mental health records, and records and information concerning HIV and AIDS.

Furthermore, Article 17-A of the County Law requires the coroner or medical examiner of a county to perform an autopsy and toxicology exam on each inmate who dies within the county, prepare an autopsy and toxi- cology report, and promptly provide such reports to the Chair of the MRB Inexplicably, County Law § 670 provides that, where a county's charter, local law or administrative code conflicts with or limits any provision of County Law Article 17-A, the County Law is rendered inapplicable Thus, county governments could theoretically negate their medical exam- iner's duty to perform an autopsy on a deceased inmate by passage of a local law. To date, MRB access to several inmate autopsies has been substantially delayed by local law enforcement under the guise of County Law § 670.

Failure to amend this statutory anomaly could result in an unnecessary risk to the local inmate population. Where the MRB has been denied prompt access to autopsy and toxicology reports, the resulting investi- gation, review and report of an inmate's demise is consequentially delayed, in some instances more than two years As the only entity over- seeing the healthcare delivery systems of local correctional facilities, the MRB may thus not identify a dangerous individual or systemic condi- tion that caused an inmate's death until an autopsy report is eventually

disclosed, leaving such condition to persist for the period the report is withheld.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

Immediately.