Section 621.
§ 621. Department; commissioner. There shall be a department of
correction the head of which shall be the commissioner of correction.
Section 623.
§ 623. Powers of commissioner. The commissioner shall have:
1. Charge and management of all institutions of the city, including
all hospital wards therein for the care and custody of felons,
misdemeanants, all prisoners under arrest awaiting arraignment who
require hospital care, including those requiring psychiatric observation
or treatment and violators of ordinances or local laws and for the
detention of witnesses who are unable to furnish security for their
appearance in criminal proceedings, except such places for the detention
of prisoners or persons charged with crime as are by law placed under
the charge of some other agency.
2. Sole power and authority concerning the care, custody and control
of all court pens for the detention of prisoners while in the criminal
courts of the city of New York, the family court of the state of New
York within the city of New York, the supreme court in the counties of
New York, Bronx, Kings, Queens and Richmond and of all vehicles employed
in the transportation of prisoners who have been sentenced, are awaiting
trial or are held for any other cause.
3. Charge and management of persons or any other institution of the
city placed under his jurisdiction by law.
4. All authority, except as otherwise provided by law, concerning the
care and custody of felons, misdemeanants and violators of local laws
held in the institutions under his charge.
5. All authority in relation to the custody and transportation of
persons held for any cause in criminal proceedings and all prisoners
under arrest awaiting arraignment who require hospital care, including
those requiring psychiatric observation or treatment, in any county
within the city.
6. General supervision and responsibility for the planning and
implementation of re-training, counseling and rehabilitative programs
for felons, misdemeanants and violators of local laws who have been
sentenced and are held in institutions under his charge.
Section 624.
§ 624. Cleaning and maintenance of buildings. The commissioner shall
maintain and operate buildings and structures under his jurisdiction.
The commissioner may construct such additions and repairs to buildings
under his jurisdiction as can be accomplished by the use of the labor of
persons under his care and custody and with materials in the possession
of the department.
Section 625.
§ 625. Labor of prisoners. Every inmate of an institution under the
authority of the commissioner shall be employed in some form of
industry, in farming operations or other employment, and products
thereof shall be utilized in the institutions under the commissioner or
in any other agency. Those persons held for trial may be employed in the
same manner as sentenced prisoners, provided they give their consent in
writing. Such inmates or prisoners held for trial may be detailed by the
commissioner to perform work or service on the grounds and buildings or
on any public improvement under the charge of any other agency.
Section 626.
§ 626. Board of correction. 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.
Section 627.
§ 627. Council members authorized to visit correctional facilities.
Any council member is authorized to inspect and visit at any time the
institutions and facilities under the jurisdiction of the department.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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