N.Y. Laws » CHAPTER Correction / ARTICLE State Commission of Correction
New York Consolidated Laws

N.Y. Correction Law § 46 (2026)

Additional functions, powers and duties of the commission

✓ current as of May 2026
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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.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1976–2021 · leading case: New York City Health & Hospitals Corp. v. New York State Comm'n of Corr., 969 N.E.2d 765 (NY 2012).
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New York City Health & Hospitals Corp. v. New York State Comm'n of Corr., 969 N.E.2d 765 (NY 2012). · cites it 3× “the Commission, the Chairman of which “may request and receive” from any state or local agency or public authority the “information and data” (Correction Law § 44 [4]) necessary to the performance of its duties, has used its broad power “to issue and enforce” subpoenas and to…”
Albro v. Cnty. of Onondaga, NY, 627 F. Supp. 1280 (N.D.N.Y. 1986). · cites it 2× “850, § 1 was not approved by the voters of the State in the general election held in November, 1981 thereby preventing N.Y. Correct. Law § 46 (subd. 5) (McKinney Supp.”
Matter of Disability Rights N.Y. v. New York State Commn. of Corr., 2021 NY Slip Op 03098 (N.Y. App. Div. 2021). “Respondent also has the corresponding authority to commence judicial enforcement actions to ensure that a correctional facility complies with applicable laws regarding management of the facility and/or the care, treatment and discipline of inmates ( see Correction Law § 46 [4]).…”
State Comm'n of Corr. v. Ruffo, 157 A.D.2d 987 (N.Y. App. Div. 1990). “Petitioner contends that it never intended to restrict itself to relief under Correction Law § 46 (4) and that the nature of the proceeding is a CPLR article 78 proceeding to force respondents to conform to the mandate of the law, that is, to provide recreation for inmates as…”
Lucas v. Wasser, 425 F. Supp. 955 (S.D.N.Y. 1976). · cites it 4× “” N.Y. Correction Law § 46 (2) (McKinney 1968), as amended, N.”
Law Enf't Officers Union v. State, 170 Misc. 2d 143 (N.Y. Sup. Ct. 1996). “minimum standards for the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all persons confined in correctional facilities” (Correction Law § 45 [6] [emphasis added]; McNulty v Chinlund, 62 AD2d 682, 687 [3d Dept 1978]) and…”
New York State Comm'n of Correc v. Howard, Timothy B. (N.Y. App. Div. 2011). · cites it 4× “The judgment granted the petition pursuant to Correction Law § 46 (4) to compel respondent to comply with various regulations.”
New York State Comm'n of Corr. v. Howard, 81 A.D.3d 1434 (N.Y. App. Div. 2011). · cites it 3× “The judgment granted the petition pursuant to Correction Law § 46 (4) to compel respondent to comply with various regulations.”
State Comm'n of Corr. v. Nassau Cnty. Med. Ctr., 137 A.D.2d 127 (N.Y. App. Div. 1988). “To fulfill this mandate, petitioner and each individual member is authorized to "issue and enforce a * * * subpoena duces tecum * * * pursuant to civil practice law and rules” (Correction Law § 46 [2]). There can be little dispute that McNulty, as *129 a member of petitioner and…”
In re an Investigation by the New York State Comm'n, 134 Misc. 2d 218 (N.Y. Sup. Ct. 1986). “Felix Wroblewski to produce all medical records in his possession pertaining to decedent Herbert Kaminsky, pursuant to Correction Law § 46 (4) and § 47. The decedent Herbert Kaminsky, at the time of his death, *219 was an inmate of the Green Haven Correctional Facility.”
Spence v. McMahon, 144 A.D.2d 724 (N.Y. App. Div. 1988). · cites it 2× “Despite service upon him of a subpoena to appear and testify before respondents regarding the incident under investigation (see, Correction Law § 46 [2]), petitioner did not appear.”
New York City Health & Hospitals Corp. v. New York State Comm'n of Corr., 76 A.D.2d 453 (N.Y. App. Div. 2010). “In the exercise of its duties, the Commission is authorized to issue and enforce subpoenas in accordance with the CPLR (see Correction Law § 46 [2]). This case arises from the Commission’s investigation into the death of inmate Carlos Frazier.”
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