Section 42. Citizen's policy and complaint review council; organization; functions, powers and duties  


Latest version.
  • (a)  1.  There  shall  be  within  the  commission  a  citizen's  policy  and complaint review council. It shall
      consist of nine persons to 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 Indochina at any time
      from  the  first  day  of  January,  nineteen hundred sixty-three, to an
      including the seventh day of May, nineteen hundred seventy-five who  was
      discharged  therefrom under other than dishonorable conditions, 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 inmate 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. One person so appointed shall  be
      a  former employee of the division for youth who has directly supervised
      youth in a secure  residential  center  operated  by  the  division.  In
      addition,  the  governor  shall  designate  one of the full-time members
      other than the chairman of the commission as chairman of the council  to
      serve as such at the pleasure of the governor.
        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
      member whom he is to succeed. 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 chairman shall receive no
      compensation for their services but each member other than the  chairman
      shall  be  entitled  to receive his or her actual and necessary expenses
      incurred in the performance of his or her duties.
        5. No appointed member of the council shall qualify or enter upon  the
      duties  of  his  office,  or  remain  therein, while he is an officer or
      employee of the department of correctional services or any  correctional
      facility   or  is  in  a  position  where  he  exercises  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 chairman 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;
        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 chairman of the council.