Section 626. Board of correction  


Latest version.
  • a.  There  shall  be  a city board of
      correction to consist of nine members. Members shall be appointed for  a
      term  of  six  years. Vacancies shall be filled for the remainder of the
      unexpired term. Three members shall be appointed by the mayor, three  by
      the  council,  and  three  by the mayor on the nomination jointly by the
      presiding justices of the appellate division of the  supreme  court  for
      the first and second judicial departments. Appointments shall be made by
      the  three respective appointing authorities on a rotating basis to fill
      any vacancy occurring on or after the effective date  of  this  charter.
      Members  of  the  board  may  be reimbursed for expenses incurred in the
      performance of  their  duties.  The  chairman  of  the  board  shall  be
      designated  from  time  to  time  by  the  mayor from among its members.
      Members of the board may be removed by the mayor for cause and  after  a
      hearing at which they shall be entitled to representation by counsel.
        b.  The  board  shall  adopt  rules to govern its own proceedings. The
      board may appoint an executive director to serve at  its  pleasure  with
      such  duties  and  responsibilities  as  the board may assign, and other
      professional, clerical, and support personnel within appropriations  for
      such  purpose. The commissioner shall designate such of the department's
      stenographic, clerical and other assistance  to  the  board  as  may  be
      necessary  for the proper performance of its functions. The commissioner
      may attend meetings of the board but shall not be a member of it.
        c. The board, or by written designation of the board,  any  member  of
      it,  the executive director, or other employee, shall have the following
      powers and duties:
        1. The inspection and visitation at any time of all  institutions  and
      facilities under the jurisdiction of the department;
        2.  The inspection of all books, records, documents, and papers of the
      department;
        3. The preparation for submission to the mayor, the council,  and  the
      commissioner of proposals for capital planning and improvements; studies
      and   reports   concerned  with  the  development  of  the  department's
      correctional program planning; and studies  and  reports  in  regard  to
      methods  of  promoting  closer  cooperation of custodial, probation, and
      parole agencies of government and the courts; and
        4. The evaluation of departmental performance.
        d. The board, annually and at such other times as  it  may  determine,
      shall  submit  to  the mayor, the council, and the commissioner reports,
      findings and  recommendations  in  regard  to  the  matters  within  its
      jurisdiction.
        e.  The board shall establish minimum standards for the care, custody,
      correction, treatment, supervision, and discipline of all  persons  held
      or  confined  under  the  jurisdiction  of  the department; and it shall
      promulgate such minimum standards in rules and regulations after  giving
      the  mayor  and commissioner an opportunity to review and comment on the
      proposed standards, or amendments or additions to such standards.
        f. The board shall establish procedures for the hearing of grievances,
      complaints or requests for assistance (1) by or on behalf of any  person
      held  or confined under the jurisdiction of the department or (2) by any
      employee of the department. The board,  or  by  written  designation,  a
      member  of the board or the executive director, may conduct hearings, or
      study  or  investigate  any  matter  within  the  jurisdiction  of   the
      department, and the board may make recommendations and submit reports of
      its findings to the appropriate authorities.
        g.  Within  the  scope  of its authority pursuant to this section, the
      board may compel the attendance of witnesses, require the production  of
      books,  accounts,  papers  and other evidence, administer oaths, examine
      persons,  and  conduct  public  or   private   hearings,   studies   and
    
      investigations.  The  board  may  institute  proceedings  in  a court of
      appropriate  jurisdiction  to  enforce  its  subpoena  power  and  other
      authority pursuant to this section.