Section 46. 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, 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  chairman 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.
    2. In the exercise of its functions, powers and duties, the commission
  and any member 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.
    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, 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 or the laws
  relating to the construction, management and affairs of any correctional
  facility or the care, treatment and discipline of its inmates, 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.