Create Prison Oversight Office

Section 1. The correction law is amended by adding a new article 3-A to read as follows:

ARTICLE 3-A

OFFICE OF THE CORRECTIONAL OMBUDSMAN Section 50. Definitions.

51. Office of the correctional ombudsman; organization.

52. Correctional oversight board.

53. Powers of the ombudsman.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02936-01-9

A. 2552 2

54. Additional functions, powers and duties of the office of the

ombudsman.

55. Additional duties of the department.

56. Obstructing an investigation by the correctional ombudsman.

§ 50. Definitions. For the purposes of this article, the following terms shall have the following meanings:

1. "Office" refers to the office of the correctional ombudsman.

2. "Ombudsman" refers to the commissioner of the office of the correctional ombudsman.

§ 51. Office of the correctional ombudsman; organization. 1. In order to achieve transparency, fairness, impartiality and accountability in our state correctional facilities, there shall be an independent office of the correctional ombudsman within the executive department. The ombudsman shall report to the correctional oversight board established pursuant to section fifty-two of this article, provided, however, that administrative matters of general application within the executive department shall be also applicable to the office.

(a) Following the initial appointment of the members of the correctional oversight board established pursuant to section fifty-two of this article, such board shall promptly nominate a full-time ombudsman and notify the governor of such nomination. Nothing in this paragraph shall prohibit the board from appointing an interim ombudsman if there is a vacancy.

(b) The governor, within thirty days after receiving written notice of any nomination of an ombudsman made pursuant to paragraph (a) of this subdivision, may approve or disapprove such nomination. If the governor approves such nomination, or fails to act on such nomination within such thirty day period, the nominee shall thereupon commence his or her term as ombudsman. If, within such thirty day period, the governor serves upon the chair of such board a written notice disapproving such nomination, the nominee shall not be authorized to serve as ombudsman provided, however, that such board may authorize an interim ombudsman appointed pursuant to paragraph (a) of this subdivision to serve or continue to serve as interim ombudsman until such time as an ombudsman is approved, or not timely disapproved, by the governor. Following any disapproval, the board shall have sixty days to submit another nominee, although such period may be extended, upon request of the board, by the governor. A person appointed as interim ombudsman may exercise all of the powers available to the ombudsman.

(c) The ombudsman may not have worked for the department within the last ten years and may not hold any public office or other employment. The ombudsman shall serve a six-year term and may only be removed for good cause shown, after notice and an opportunity to be heard, by a vote of two-thirds or more of the twelve members of the board.

§ 52. Correctional oversight board. 1. There is hereby created the correctional oversight board hereinafter referred to in this section as the "board". The purpose of such board shall be to monitor, study and make efforts to improve the transparency, fairness, impartiality and accountability in state correctional facilities and to appoint the ombudsman. No current employee of the department shall be appointed to or serve on such board. The board shall consist of twelve members who shall be appointed as follows:

(a) one shall be the state inspector general;

(b) two shall be appointed by the governor on the recommendation of the senate;

A. 2552 3

(c) two shall be appointed by the governor on the recommendation of the assembly;

(d) two shall be appointed by the governor from a list of at least six nominees submitted by non-profit agencies working in the fields of re-entry or prisoner advocacy;

(e) one shall be appointed by the governor and shall be a former state inmate;

(f) one shall be appointed by the governor and shall be a former employee of the department who is no longer in state service;

(g) one shall be an attorney appointed by the governor from a list of at least four nominees submitted by the state bar association;

(h) one shall be a medical professional appointed by the governor; and

(i) one shall be a mental health professional who works with the Justice Center for the Protection of People with Special Needs appointed by the governor.

2. All members of the board shall be appointed for terms of three years with such terms to commence on August first, and expire July thirty-first, provided, however, that the inspector general shall serve ex officio. Initial appointments must be made within sixty days of the effective date of this subdivision. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he or she is to succeed. Vacancies caused by expiration of a term or otherwise shall be filled promptly and in the same manner as original appointments. Any member may be reappointed for additional terms. A member of the board shall continue in such position upon the expiration of his or her term until such time as he or she is reappointed or his or her successor is appointed, as the case may be.

3. Membership on the board shall not constitute the holding of an office, and members of the board shall not be required to take and file oaths of office before serving on the board. The board shall not have the right to exercise any portion of the sovereign power of the state.

4. The board shall meet at least two times in each year. The first meeting of the board shall be held within thirty days of the appointment of the full board or within sixty days after the effective date of this subdivision, whichever occurs earlier. Special meetings may be called by the chair and shall be called by the chair upon the request of at least five members of the board. The board may establish its own procedures with respect to the conduct of its meetings and other affairs; provided, however, that the quorum and majority provisions of section forty-one of the general construction law shall govern all actions taken by the board.

5. The members of the board shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their functions hereunder.

6. No member of the board shall be disqualified from holding any public office or employment outside of the department, nor shall he or she forfeit any such office or employment, by reason of his or her appointment pursuant to this section, notwithstanding the provisions of any other general, special or local law, ordinance or city charter.

7. The board shall make recommendations to the ombudsman for the improvement of the department's policies and consult with and advise the office of the correctional ombudsman in carrying out the duties and responsibilities of such office. The ombudsman shall report to the board fully on the activities of the office and shall seek board approval on all major decisions or policy changes, including any stand-

A. 2552 4

ards or protocols adopted by the ombudsman for the inspection and monitoring of correctional facilities or the resolution of complaints received by the office.

8. Each member of the board shall tour a correctional facility with the ombudsman at least annually.

§ 53. Powers of the ombudsman. 1. The ombudsman shall have the authority to hire and retain counsel to provide confidential advice or to represent the ombudsman if the attorney general has a conflict in representing the ombudsman in any litigation.

2. The office of the ombudsman shall not be located in the same building or buildings as the department but shall be wholly independent of the department except that the department shall provide it with office space, equipment and furnishings within any department facility as needed to carry out its functions and duties.

3. The ombudsman may appoint such assistants, officers, investigators, monitors, employees and consultants as he or she shall determine necessary, prescribe their duties and powers, provide them with appropriate training, fix their compensation and provide for reimbursement of their expenses within the amounts appropriated therefor except that the ombudsman shall not hire any person known to be directly or indirectly involved in an open internal affairs investigation conducted by any federal, state or local agency or who is a named defendant in a pending federal or state lawsuit or criminal proceeding relating to his or her prior work for a state, local or federal correctional or law enforcement agency. The ombudsman may appoint a representative to carry out any of his or her duties under this article except that the ombudsman must attend meetings with the correctional oversight board.

4. The ombudsman may create, abolish, transfer and consolidate bureaus and other units within the office as he or she may determine necessary for the efficient operation of the office, subject to the approval of the director of the budget.

5. The ombudsman may request and shall receive from any department, division, bureau, commission or any other agency of the state or political subdivision thereof or any public authority such assistance, information and data as will enable the office to carry out its functions, powers and duties.

6. The ombudsman shall be responsible for the contemporaneous public oversight of internal affairs and the disciplinary process of the department of corrections and community supervision. The ombudsman shall have discretion to provide oversight of any department investigation relating to the well-being, treatment, discipline, safety or any other matter concerning inmates or persons under community supervision as needed, including personnel investigations.

7. The ombudsman may review specific policies, practices, programs and procedures of the department that raise a significant correctional issue relevant to the well-being, treatment, discipline, safety, rehabilitation or any other matter concerning inmates or persons under community supervision. The ombudsman is authorized to inspect, investigate or examine all aspects of the department's operations and conditions, including, but not limited to, staff recruitment, training, supervision, discipline, inmate deaths, medical and mental health care, use of force, inmate violence, conditions of confinement, inmate disciplinary process, inmate grievance process, substance-abuse treatment, educational, vocational and other programming and re-entry planning. During the course of a review the ombudsman shall identify areas of full and partial compliance or noncompliance with departmental policies and procedures, specify

A. 2552 5

deficiencies in the completion and documentation of processes and recommend corrective actions, including, but not limited to, additional training, additional policies or changes in policies, as well as any other findings or recommendations he or she deems appropriate.

8. The ombudsman may place such members of his or her staff as he or she deems appropriate as monitors in any correctional facility which, in the judgment of the ombudsman, presents an imminent danger to the health safety or security of inmates or employees of such correctional facility or the public.

9. The ombudsman shall accept, with the approval of the governor, as agent of the state any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys so received may be expended by the ombudsman to effectuate any purpose of this article, subject to the same limitations as to approval of expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article.

10. The ombudsman may enter into contracts with any person, firm, corporation, municipality, or governmental agency.

11. The ombudsman shall adopt, amend or rescind such rules and regulations, in accordance with applicable state law, as may be necessary or convenient to the performance of the functions, powers and duties of the office.

12. The ombudsman shall do all other things necessary or convenient to carry out its functions, powers and duties expressly set forth in this article.

13. When exigent circumstances of unsafe or life threatening situations arise involving inmates, staff, people on community supervision or other individuals, the ombudsman shall notify the governor, temporary president of the senate and speaker of the assembly and commence an immediate review of such circumstances. Upon completion of a review, the ombudsman shall prepare a complete written report which shall be disclosed with the underlying materials that the ombudsman deems appropriate to the commissioner, the requesting entity and any appropriate law enforcement agency.