Persons authorized to visit correctional facilities

§ 146. Persons authorized to visit correctional facilities. 1. The\nfollowing persons shall be authorized to visit at pleasure all\ncorrectional facilities: The governor and lieutenant-governor,\ncommissioner of general services, secretary of state, comptroller and\nattorney-general, members of the commission of correction, members of\nthe legislature and their accompanying staff and any employee of the\ndepartment as requested by the member of the legislature if the member\nrequests to be so accompanied, provided that such request does not\nimpact upon the department's ability to supervise, manage and control\nits facilities as determined by the commissioner, judges of the court of\nappeals, supreme court and county judges, district attorneys and every\nclergyman or minister, as such terms are defined in section two of the\nreligious corporations law, having charge of a congregation in the\ncounty wherein any such facility is situated. No other person not\notherwise authorized by law shall be permitted to enter a correctional\nfacility except by authority of the commissioner of correction under\nsuch regulations as the commissioner shall prescribe.\n 2. Notwithstanding any other provision of law to the contrary, on each\nSeptember thirteenth anniversary date of the nineteen hundred\nseventy-one retaking of Attica correctional facility, in the absence of\nan emergency situation or other exigent circumstance, the commissioner\nshall ensure that any surviving state employees who were held as\nhostages and any immediate family members, as that term is defined in\nsubdivision four of section 120.40 of the penal law, of any of the state\nemployees who were held hostage for any period by rioting incarcerated\nindividuals during the period from September ninth through September\nthirteenth, nineteen hundred seventy-one, shall be afforded access to\nthe outside grounds of Attica correctional facility to conduct a private\ncommemorative ceremony in front of the Attica monument upon which are\ninscribed the names of employees who died as a result of the uprising\nand subsequent retaking.\n 3. a. Notwithstanding any other provision of law to the contrary, the\ncorrectional association shall be permitted to access, visit, inspect,\nand examine all state correctional facilities with twenty-four hours\nadvance notice to the department. For any visit that will include units\nor areas staffed by the office of mental health, such notice shall also\nbe provided to the office of mental health. Up to twelve people may\ncomprise the visiting party; provided, however, that only four people\nfrom the party may enter a special housing facility or unit at the same\ntime. Prior to the visitation authorized pursuant to this subdivision,\nthe correctional association shall provide to the department on, at\nleast, an annual basis a list of people who will be visiting the\nfacility or facilities, including names, dates of birth, driver's\nlicense numbers and their designation as an employee, board member, or\ndesignee in order for the department to perform prompt background\nchecks. The department may place restrictions on such visits and\ninspections when a facility is locked down or experiencing a facility\nwide emergency. In addition, the department may restrict access to a\nportion of a facility in an emergency situation for the duration of the\nemergency. For the purpose of this subdivision, an emergency shall be\ndetermined by the commissioner or the commissioner's designee and\ndefined as a significant risk to the safety or security of the facility,\nor the health, safety or security of staff or incarcerated individuals,\nor an event that significantly compromises the operations of the\nfacility.\n b. Upon twenty-four hours advance notice, at the commencement or\nconclusion of any visits to, or inspections and examinations of, state\ncorrectional facilities, the superintendent and executive team, to the\nextent practicable, shall meet with the correctional association. Upon\ntwenty-four hours advance notice, and with the consent of the party, the\ncorrectional association may meet privately, without representatives of\nthe central office present, with representatives of the office of mental\nhealth and any other entities or agencies that are providing services in\na facility, the incarcerated individual liaison committee and\nrepresentatives of the incarcerated individual grievance resolution\ncommittee or any other organization of incarcerated individuals\nrecognized by the department.\n c. During the course of any such visit, inspection or examination, and\nupon consent of the person being interviewed, the correctional\nassociation shall have the power to interview and converse publicly or\nconfidentially with any correctional employee or administrator, any\nincarcerated individual, and any other person providing, supervising, or\nmonitoring services in a correctional facility, whether or not employed\nby such facility. Such interviews shall not be restricted by the\ndepartment or the office of mental health or any other agency or\nattended by anyone on behalf of the department or the office of mental\nhealth or any other agency, nor shall there be any retaliation or\nadverse action taken by the department or other state agency against\nanyone who speaks with the correctional association. The department may\nnot limit the number of individuals the correctional association may\ninterview or the duration of the interviews, in any manner unreasonable\nunder the circumstances. During the course of any visit, inspection or\nexamination, the correctional association shall have the power to\nconduct private, confidential meetings reasonable in number under the\ncircumstances with incarcerated individuals in housing units and in\nattorney visiting rooms or other rooms in the facility in which their\nconversations will remain confidential. No department employee may\nattend or listen to any such meeting without the consent of the\ncorrectional association.\n d. The correctional association, on a quarterly basis, may request\nand, to the extent practicable, receive from the department in a form\nand manner prescribed by the department the following information and\nrecords:\n (i) individual-level records for all individuals admitted into custody\nduring the previous quarter, under custody at the end of the previous\nquarter, released from custody during the previous quarter, and on\nparole at the end of the previous quarter;\n (ii) departmental staffing levels at each facility at the end of the\nprevious quarter;\n (iii) under custody deaths at each facility during the previous\nquarter;\n (iv) report-level unusual incidents during the previous quarter;\n (v) the number and type of disciplinary hearings held at each facility\nduring the previous quarter, including charges and sanctions imposed;\n (vi) the number and type of grievances filed at each facility during\nthe previous quarter; and\n (vii) incarcerated individuals at each facility enrolled in\nprogramming and academic and vocational education during the previous\nquarter.\n e. The correctional association shall periodically, but not less than\nevery five years, conduct inspections of each state correctional\nfacility and issue reports and recommendations to the governor, the\nlegislature and the public about the conditions and issues at\ncorrectional facilities. When preparing such formal reports and\nrecommendations, the correctional association shall submit a tentative\ncopy of such report and recommendations to the commissioner. The\ncommissioner may submit a written response to such tentative report\nwithin sixty days of the receipt thereof. When the correctional\nassociation thereafter submits its final report and recommendations, it\nshall contain a complete copy of the response, if any, submitted to the\ntentative report and recommendations.\n f. The correctional association may send surveys or questionnaires to\npeople in custody or employees concerning conditions of confinement,\nworking conditions, or other subjects within the scope of their mission\nwithout prior approval of the department. People incarcerated shall be\npermitted to confidentially complete and return to the correctional\nassociation such surveys. The correctional association may also receive\nfree phone calls from incarcerated individuals through a hotline set up\nby the correctional association for individuals to use if they choose to\ncontact them, and the department shall not track or monitor such calls.\nPhysical mail received and sent to the correctional association is\ndefined as privileged correspondence, and any and all processing\ncontrols, allowances for limited free postage, and advances of\nincarcerated individual funds for postage shall apply to privileged\ncorrespondence received and sent to the correctional association. For\nthe purposes of this section, identical incoming blank surveys and\nquestionnaires shall not be defined as privileged correspondence.\n g. The access, visits, and inspection of state correctional facilities\nby the correctional association pursuant to this subdivision shall be\nundertaken solely in furtherance of the correctional association's\nlawful powers, duties and obligations, and information obtained pursuant\nto these powers shall be used solely in furtherance of the correctional\nassociation's mission. Employees, board members and designees shall be\nrequired to sign an acknowledgement of the foregoing as a condition of\nentry into a correctional facility pursuant to this subdivision.\n