§ 47. Functions, powers and duties of the board.
404 words·~2 min read·
/ny/correction/state-commission-of-correction/47·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 47. Functions, powers and duties of the board. 1. The board shall
have the following functions, powers and duties:
(a)Investigate and review the cause and circumstances surrounding the
death of any incarcerated individual of a correctional facility.
(b)Visit and inspect any correctional facility wherein an
incarcerated individual has died.
(c)Cause the body of the deceased to undergo such examinations,
including an autopsy, as in the opinion of the board, are necessary to
determine the cause of death, irrespective of whether any such
examination or autopsy shall have previously been performed.
(d)Upon review of the cause of death and circumstances surrounding
the death of any incarcerated individual, the board shall submit its
report thereon to the commission and to the governor, the chair of the
assembly committee on correction and the chair of the senate committee
on crime victims, crime and correction and, where appropriate, make
recommendations to prevent the recurrence of such deaths to the
commission and the administrator of the appropriate correctional
facility. The report provided to the governor, the chair of the assembly
committee on correction and the chair of the senate committee on crime
victims, crime and correction shall not be redacted except as otherwise
required to protect confidential medical records and behavioral health
records in accordance with state and federal laws, rules, and
regulations.
(i)Investigate and report to the commission on the condition of
systems for the delivery of medical care to incarcerated individuals of
correctional facilities and where appropriate recommend such changes as
it shall deem necessary and proper to improve the quality and
availability of such medical care. Such report and recommendation shall
minimally consist of an annual report of the board to the commission.
(ii)The board shall be responsive to inquiries from the next of kin
and other person designated as a representative of any incarcerated
individual whose death takes place during custody in a state
correctional facility regarding the circumstances surrounding the death
of such incarcerated individual. Contact information for the next of kin
and designated representative shall be provided by the department to the
board from the emergency contact information previously provided by the
incarcerated individual to the department.
2. Every administrator of a correctional facility shall immediately
report to the board the death of an incarcerated individual of any such
facility in such manner and form as the board shall prescribe, together
with an autopsy report.