§ 46. Additional functions, powers and duties of the commission.
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§ 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, medical and substance use
disorder treatment and transition services records of incarcerated
individuals 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
chair 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. Commission members
and employees may conduct private interviews of correctional facility
officers and employees, who may be accompanied by counsel or a union
representative acting on such officer or employee's behalf. Commission
members and employees may also conduct private interviews of
incarcerated individuals, provided that participation in such interviews
shall be voluntary and the incarcerated individual may be accompanied by
counsel.
2. In the exercise of its functions, powers and duties, the
commission, any member, and any attorney employed by the commission 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. Notwithstanding any other
provision of law, a subpoena may be issued and enforced pursuant to this
subdivision for the medical records of an incarcerated individual of a
correctional facility, regardless of whether such medical records were
made during the course of the incarcerated individual's incarceration.
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, or in any case where a coroner, coroner's
physician or medical examiner shall fail to comply with the provisions
of subdivision six of section six hundred seventy-seven of the county
law, 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 of this
article or the laws relating to the construction, management and affairs
of any correctional facility or the care, treatment and discipline of
its incarcerated individuals, 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.