Section 45. 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.  Except  in  circumstances  involving  health,  safety  or  alleged
  violations  of  established  standards  of  the  commission,  visit, and
  inspect correctional facilities consistent with a schedule determined by
  the chairman of the  commission,  taking  into  consideration  available
  resources,  workload  and  staffing, and appraise the management of such
  correctional facilities with  specific  attention  to  matters  such  as
  safety, security, health of inmates, sanitary conditions, rehabilitative
  programs,  disturbance and fire prevention and control preparedness, and
  adherence to laws and regulations governing the rights of inmates.
    4.  Establish  procedures  to  assure   effective   investigation   of
  grievances  of,  and conditions affecting, inmates 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 of the department of correctional services.
    5.  Ascertain  and  recommend  such  system  of  employing  inmates of
  correctional facilities as may, in the opinion of  said  commission,  be
  for  the  best  interest  of  the  public and of said inmates and not in
  conflict with the provisions of the constitution or laws  of  the  state
  relating to the employment of inmates.
    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 inmates 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.
    * 9.  For  the  purpose  of  providing  for  adequate  care,  custody,
  correction,  treatment,  supervision,  discipline and other correctional
  programs for  all  persons  confined  in  correctional  facilities,  the
  commission shall establish, maintain and operate a correctional training
  program  for  such  personnel employed by correctional facilities as the
  commission shall deem necessary. Such program  shall  be  satisfactorily
  completed  by  such personnel prior to their undertaking their duties or
  within one year following the date of their appointment or at such times
  as the commission may prescribe; provided, however, the  commission  may
  exempt  from such requirement (i) personnel employed by any correctional
  facility which, in the opinion of the commission, maintains and operates
  a basic correctional training program of a standard equal to  or  higher
  than  that  established,  maintained and operated by the commission, and
  (ii) such personnel employed by any correctional institution as  of  the
  effective  date  of  this section who, in the opinion of the commission,
  possess sufficient qualifications for  the  care,  custody,  correction,
  treatment,   supervision   and   discipline   of   persons  confined  in
  correctional facilities. The cost of such program shall be borne by  the
  commission  within  the  amount  available  therefor  by  appropriation;
  provided, however, that the salary  and  actual  expenses  of  personnel
  engaged  in  such  program  shall  be borne by the correctional facility
  employing them.
    * NB Repealed October 4, 2009
    * 9-a. For the  purpose  of  providing  for  adequate  care,  custody,
  correction,  treatment,  supervision,  discipline and other correctional
  programs for all persons confined in local correctional facilities,  the
  commission  shall promulgate rules and regulations for the certification
  of part-time local correctional officers employed by local  correctional
  facilities  who have satisfactorily completed an in-service correctional
  training program sponsored  by  the  local  correctional  facility.  The
  program  shall  include  the  same  instruction  which is given to local
  correctional officers who attend training sessions which  are  sponsored
  by the commission.
    * NB Repealed October 4, 2009
    10. Approve or reject plans and specifications for the construction or
  improvement  of  correctional facilities that directly affect the health
  of inmates 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.