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NEW YORK CORRECTION
COR

Last update: 2011-11-15


  • Article 1. Short Title; Definitions 1 - 2
  • Article 2. Department of Corrections and Community Supervision 5 - 29
  • Article 3. State Commission of Correction 40 - 48
  • Article 4. Establishment of Correctional Facilities, Commitments to Department and Custody of Inmates 70 - 79-B
  • Article 4-B. Alternate Correctional Facilities for the City of New York 86 - 89-L
  • Article 5. Coordinated Use of State and Local Correctional Institutions 90 - 95
  • Article 5-A. Interstate Corrections Compact 100 - 109
  • Article 6. Management of Correctional Facilities 112 - 149
  • Article 6-A. Work Release Program in New York City Correctional Institutions 150 - 160
  • Article 6-C. Sex Offender Registration Act 168 - 168-W
  • Article 7. Labor in Correctional Institutions 170 - 200
  • Article 8. Community Supervision 201 - 208
  • Article 11. Executive Clemency 261 - 266
  • Article 12. Local Conditional Release Commission 270 - 276
  • Article 13. Care of Property of Person Confined for Life 320 - 325
  • Article 14. Care of Property of Person Confined for Less than Life 350 - 361
  • Article 16. Provisions Relating to Mentally Ill Inmates 400 - 405
  • Article 20. Local Correctional Facilities 500 - 529
  • Article 22. Miscellaneous Provisions 600 - 623
  • Article 22-A. Prisoner Furloughs. Expiration Date: 09/01/2013. 630 - 634
  • Article 22-B. The Death Penalty 650 - 662
  • Article 23. Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law 700 - 706
  • Article 23-A. Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses 750 - 755
  • Article 24. Provisions Applicable to Sentences Imposed Under the The Revised Penal Plan 800 - 806
  • Article 26. Temporary Release Programs for State Correctional Institutions 851 - 861
  • Article 26-A. Shock Incarceration Program for State Correctional Inmates 865 - 867
  • Article 27. Work Release Program for County Jails 870 - 879
  • Article 35. Laws Repealed; When to Take Effect 1000 - 1001

Article 1
Short Title; Definitions

Section 1. Short title.

This chapter shall be known as the "Correction Law."

Section 2. Definitions.

When used in this chapter, unless otherwise expressly stated or the context or subject matter otherwise requires, the following terms have the following meanings:

1. "Department" means the state department of corrections and community supervision;

2. "Commissioner" means the state commissioner of corrections and community supervision;

3. "Commission" means the state commission of correction;

4. (a) "Correctional facility". Any place operated by the department and designated by the commissioner as a place for the confinement of persons under sentence of imprisonment or persons committed for failure to pay a fine. Except as provided in paragraph (b) of this subdivision, whenever reference has been or hereafter will be made in any statute, judgment, sentence, commitment, court order or otherwise to a state prison, state reformatory, reception center, diagnostic center or other institution or facility in the department, such reference shall be deemed to mean "correctional facility".

(b) The term "correctional facility" shall not, however, be deemed to mean or to include any place operated by the department for the care and confinement of persons who have been found to be mentally defective or mentally ill by a court and who are confined in such place pursuant to an order of a court based upon such finding.

(c) Whenever the term "institution" is used in this chapter or elsewhere in such context as to mean an institution in the department, such term shall be deemed to include correctional facilities and any other place operated by the department as a place for the confinement of persons.

5. "Reception center". A correctional facility for reception, classification and program-planning for purposes of confinement, treatment and transfer.

6. "Residential treatment facility". A correctional facility consisting of a community based residence in or near a community where employment, educational and training opportunities are readily available for persons who are on parole or conditional release and for persons who are or who will soon be eligible for release on parole who intend to reside in or near that community when released.

7. "Detention center". A correctional facility for the temporary detention of persons taken into custody upon violation of parole or upon violation of a condition of release, or of persons being transferred from other correctional facilities, or of persons who are assigned to other correctional facilities for confinement but whose presence is required in court or for some other purpose at a location that is distant from the institution of confinement.

8. "Correctional Camp". A correctional facility consisting of a camp maintained for the purpose of including conservation work in the program of inmates.

9. "Diagnostic and treatment center". A correctional facility operated for the purpose of providing intensive physical, mental and sociological diagnostic and treatment services including pre-parole diagnostic evaluation, where requested by the board of parole, and scientific study of the social and mental aspects of the causes of crime.

10. "General confinement facility". A correctional facility for confinement and treatment of persons under institutional programs oriented to education, vocational training and industry.

11. "Work release facility". A facility designated by the commissioner as an institution that may conduct a work release program.

12. "Superintendent". The chief administrative officer of a correctional facility. Whenever the term "warden" appears in this chapter in such context as to mean an officer of a state correctional facility, such reference shall be deemed to mean "superintendent".

13. "Infant" or "minor" means a person who has not attained the age of eighteen years.

* 14. "Community treatment facility." A residential chemical dependence facility approved as provided in section 32.01 of the mental hygiene law or pursuant to section 32.31 of such law used exclusively to provide substance abuse treatment services to persons eligible pursuant to section seventy-two-a of this chapter and who are otherwise eligible for temporary release pursuant to subdivision two of section eight hundred fifty-one of this chapter. These facilities shall be separate and distinct so as not to replace existing substance abuse treatment services.

* NB Expires September 1, 2013

15. "Shock incarceration correctional facility". A correctional facility designated by the commissioner as an institution that may conduct a shock incarceration program.

16. (a) "Local correctional facility." Any place operated by a county or the city of New York as a place for the confinement of persons duly committed to secure their attendance as witnesses in any criminal case, charged with crime and committed for trial or examination, awaiting the availability of a court, duly committed for any contempt or upon civil process, convicted of any offense and sentenced to imprisonment therein or awaiting transportation under sentence to imprisonment in a correctional facility, or pursuant to any other applicable provisions of law.

(b) Whenever the term "jail", "penitentiary" or "workhouse" is used in this chapter, such term shall be deemed to mean local correctional facility.

(c) Whenever the term "sheriff" is used in this chapter, such term shall be deemed to include the warden, superintendent, or other person in charge of a local correctional facility.

17. "Alcohol and substance abuse treatment facility." A correctional facility designed to house medium security inmates as defined by department rules and regulations and operated for the purpose of providing intensive alcohol and substance abuse treatment services. Such services shall ensure comprehensive treatment for alcoholism and substance abuse to inmates who have been identified by the commissioner or his or her designee as having had or presently having a history of alcoholism or substance abuse. Such services shall be provided in the facility in accordance with minimum standards promulgated by the department after consultation with the division of alcoholism and alcohol abuse and the division of substance abuse services.

* 18. "Alcohol and substance abuse treatment correctional annex." A medium security correctional facility consisting of one or more residential dormitories, which provide intensive alcohol and substance abuse treatment services to inmates who: (i) are otherwise eligible for temporary release, or (ii) stand convicted of a felony defined in article two hundred twenty or two hundred twenty-one of the penal law, and are within six months of being an eligible inmate as that term is defined in subdivision two of section eight hundred fifty-one of this chapter including such inmates who are participating in such program pursuant to subdivision six of section 60.04 of the penal law. Notwithstanding the foregoing provisions of this subdivision, any inmate to be enrolled in this program pursuant to subdivision six of section 60.04 of the penal law shall be governed by the same rules and regulations promulgated by the department, including without limitation those rules and regulations establishing requirements for completion and those rules and regulations governing discipline and removal from the program. No such period of court ordered corrections based drug abuse treatment pursuant to this subdivision shall be required to extend beyond the defendant's conditional release date. Such treatment services may be provided by one or more outside service providers pursuant to contractual agreements with the department, provided, however, that any such provider shall be required to continue to provide, either directly or through formal or informal agreement with other providers, alcohol and substance abuse treatment services to inmates who have successfully participated in such provider's incarcerative treatment services and who have been presumptively released, paroled, conditionally released or released to post release supervision under the supervision of the department and who are, as a condition of such release, required to participate in alcohol or substance abuse treatment. Such incarcerative services shall be provided in the facility in accordance with minimum standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. Such services to parolees shall be provided in accordance with standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. Notwithstanding any other provision of law, any person who has successfully completed no less than six months of intensive alcohol and substance abuse treatment services in one of the department's eight designated alcohol and substance abuse treatment correctional annexes having a combined total capacity of two thousand five hundred fifty beds may be transferred to a program operated by or at a residential treatment facility, provided however, that a person under a determinate sentence as a second felony drug offender for a class B felony offense defined in article two hundred twenty of the penal law, who was sentenced pursuant to section 70.70 of such law, shall not be eligible to be transferred to a program operated at a residential treatment facility until the time served under imprisonment for his or her determinate sentence, including any jail time credited pursuant to subdivision three of section 70.30 of the penal law, shall be at least nine months. The commissioner shall report annually to the temporary president of the senate and the speaker of the assembly commencing January first, two thousand twelve the number of inmates received by the department during the reporting period who are subject to a sentence which includes enrollment in substance abuse treatment in accordance with subdivision six of section 60.04 of the penal law, the number of such inmates who are not placed in such treatment program and the reasons for such occurrences.

* NB Effective until September 1, 2013

* 18. "Alcohol and substance abuse treatment correctional annex." A medium security correctional facility consisting of one or more residential dormitories which provide intensive alcohol and substance abuse treatment services to inmates who: (i) are otherwise eligible for temporary release, or (ii) stand convicted of a felony defined in article two hundred twenty or two hundred twenty-one of the penal law, and are within six months of being an eligible inmate as that term is defined in subdivision two of section eight hundred fifty-one of this chapter including such inmates who are participating in such program pursuant to subdivision six of section 60.04 of the penal law. Notwithstanding the foregoing provisions of this subdivision, any inmate to be enrolled in this program pursuant to subdivision six of section 60.04 of the penal law shall be governed by the same rules and regulations promulgated by the department, including without limitation those rules and regulations establishing requirements for completion and those rules and regulations governing discipline and removal from the program. No such period of court ordered corrections based drug abuse treatment pursuant to this subdivision shall be required to extend beyond the defendant's conditional release date. Such treatment services may be provided by one or more outside service providers pursuant to contractual agreements with the department, provided, however, that any such provider shall be required to continue to provide, either directly or through formal or informal agreement with other providers, alcohol and substance abuse treatment services to inmates who have successfully participated in such provider's incarcerative treatment services and who have been presumptively released, paroled, conditionally released or released to post release supervision under the supervision of the department and who are, as a condition of such release, required to participate in alcohol or substance abuse treatment. Such incarcerative services shall be provided in the facility in accordance with minimum standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. Such services to parolees shall be provided in accordance with standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. The commissioner shall report annually to the majority leader of the senate and the speaker of the assembly commencing January first, two thousand twelve the number of inmates received by the department during the reporting period who are subject to a sentence which includes enrollment in substance abuse treatment in accordance with subdivision six of section 60.04 of the penal law, the number of such inmates who are not placed in such treatment program and the reasons for such occurrences.

* NB Effective September 1, 2013

19. "Vocational and skills training facility" means a correctional facility designated by the commissioner to provide a vocational and skills training program ("VAST") to inmates who need such service before they participate in a work release program. The VAST facility shall provide intensive assessment, counseling, job search assistance and where appropriate academic and vocational instruction to program participants. Such assistance may include an assessment of any inmate's education attainment level and skills aptitudes; career counseling and exploration; the development of a comprehensive instructional plan including identification of educational and training needs that may extend beyond the date of entry into work release; instructional programs including GED preparation or post-secondary instruction as appropriate; occupational skills training; life skills training; employment readiness including workplace behavior; and job search assistance. The department and the department of labor shall jointly develop activities providing career counseling, job search assistance, and job placement services for participants. Nothing contained in this section shall be deemed to modify the eligibility requirements provided by law applicable to inmates participating in a work release program.

20. "Drug treatment campus" means a facility operated by the department to provide a program of intensive drug treatment services for individuals sentenced to parole supervision sentences pursuant to section 410.91 of the criminal procedure law or for certain parole violators. All such treatment services shall be provided by, or with the approval of and pursuant to a plan developed in conjunction with, the office of alcoholism and substance abuse services, and which plan shall include but not be limited to provision for an appropriate continuum of care that includes a needs assessment and treatment services for individuals while at this facility and upon discharge from such facility, including an enhanced aftercare program. Notwithstanding the foregoing, in the event that a person sentenced to parole supervision pursuant to section 410.91 of the criminal procedure law requires a degree of medical care or mental health care that cannot be provided at a drug treatment campus, the department, in writing, shall notify the person, provide a proposal describing a proposed alternative-to-the-drug-treatment-campus program, and notify him or her that he or she may object in writing to placement in such alternative-to-the-drug-treatment-campus program. If the person objects in writing to placement in such alternative-to-the-drug-treatment-campus program, the department shall notify the sentencing court, provide such proposal to the court, and arrange for the person's prompt appearance before the court. The court shall provide the proposal and notice of a court appearance to the prosecutor, the person and the appropriate defense attorney. After considering the proposal and any submissions by the parties, and after a reasonable opportunity for the prosecutor, the person and counsel to be heard, the court may modify its sentencing order accordingly, notwithstanding the provisions of section 430.10 of the criminal procedure law. A person who successfully completes an alternative-to-the-drug-treatment-campus program within the department shall be treated in the same manner as a person who has successfully completed the drug treatment campus program, as set forth herein and in section 410.91 of the criminal procedure law.

21. "Residential mental health treatment unit" means housing for inmates with serious mental illness that is operated jointly by the department and the office of mental health and is therapeutic in nature. Such units shall not be operated as disciplinary housing units, and decisions about treatment and conditions of confinement shall be made based upon a clinical assessment of the therapeutic needs of the inmate and maintenance of adequate safety and security on the unit. Such units shall include, but not be limited to, the residential mental health unit model, the behavioral health unit model, the intermediate care program and the intensive intermediate care program. The models shall be defined in regulations promulgated by the department in consultation with the commissioner of mental health consistent with this subdivision and section four hundred one of this chapter. Inmates placed in a residential mental health treatment unit shall be offered at least four hours a day of structured out-of-cell therapeutic programming and/or mental health treatment, except on weekends or holidays, in addition to exercise, and may be provided with additional out-of-cell activities as are consistent with their mental health needs; provided, however, that the department may maintain no more than thirty-eight behavioral health unit beds in which the number of hours of out-of-cell structured therapeutic programming and/or mental health treatment offered to inmates on a daily basis, except on weekends or holidays, may be limited to only two hours. Out-of-cell therapeutic programming and/or mental health treatment need not be provided to an inmate for a brief orientation period following his or her arrival at a residential mental health treatment unit. The length of such orientation period shall be determined by a mental health clinician but in no event shall be longer than five business days.

22. "Mental health clinician" means a psychiatrist, psychologist, social worker or nurse practitioner who is licensed by the department of education and employed by the office of mental health.

23. "Segregated confinement" means the disciplinary confinement of an inmate in a special housing unit or in a separate keeplock housing unit. Special housing units and separate keeplock units are housing units that consist of cells grouped so as to provide separation from the general population, and may be used to house inmates confined pursuant to the disciplinary procedures described in regulations.

24. "Joint case management committee" means a committee composed of staff from the department and the office of mental health. Such a committee shall be established at each level one and level two facility. Each committee shall consist of at least two clinical staff of the office of mental health and two officials of the department. The purpose of such committee shall be to review, monitor and coordinate the behavior and treatment plan of any inmate who is placed in segregated confinement or a residential mental health treatment unit and who is receiving services from the office of mental health.

25. "Joint central office review committee" means a committee comprised of central office personnel from the department and the office of mental health as designated by the respective commissioners.

26. "Treatment team" means a team consisting of an equal number of individuals from the department and the office of mental health who are assigned to a residential mental health treatment unit and who will review and determine each inmate's appropriateness for movement through the various program phases, when applicable. The treatment team shall also review, monitor and coordinate the treatment plans for all inmate participants.

27. "Level one facility" means a correctional facility at which staff from the office of mental health are assigned on a full-time basis and able to provide treatment to inmates with a major mental disorder. The array of available specialized services include: residential crisis treatment, residential day treatment, medication monitoring by psychiatric nursing staff, and potential commitment to the central New York Psychiatric Center.

28. "Level two facility" means a correctional facility at which staff from the office of mental health are assigned on a full-time basis and able to provide treatment to inmates with a major mental disorder, but such disorder is not as acute as that of inmates who require placement at a level one facility.

29. "Level three facility" means a correctional facility at which staff from the office of mental health are assigned on a part-time basis and able to provide treatment and medication to inmates who either have a moderate mental disorder, or who are in remission from a disorder, and who are determined by staff of the office of mental health to be able to function adequately in the facility with such level of staffing.

30. "Level four facility" means a correctional facility at which staff from the office of mental health are assigned on a part-time basis and able to provide treatment to inmates who may require limited intervention, excluding psychiatric medications.

31. "Community supervision" means the supervision of individuals released into the community on temporary release, presumptive release, parole, conditional release, post release supervision or medical parole.

Article 2
Department of Corrections and Community Supervision

Section 5. Department of corrections and community supervision; commissioner.

Department of corrections and community supervision; commissioner. 1. There shall be in the state government a department of corrections and community supervision. The head of the department shall be the commissioner of corrections and community supervision, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor by whom he was appointed and until his successor is appointed and has qualified.

2. The commissioner of corrections and community supervision shall be the chief executive officer of the department.

3. The principal office of the department of corrections and community supervision shall be in the county of Albany.

4. The commissioner is hereby authorized and empowered to convert the sentence of a person serving an indeterminate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, to a determinate sentence of imprisonment equal to two-thirds of the maximum or aggregate maximum term imposed where such conversion is necessary to make such person eligible for transfer either to federal custody or to foreign countries under treaties that provide for the voluntary transfer of such persons on the execution of penal sentences entered into by the government of the United States with foreign countries.

5. The commissioner upon request, may in his or her discretion, authorize the purchase and presentation of a flag of the state of New York to the person designated to dispose of the remains of a deceased correction officer or parole officer.

6. The commissioner shall have the discretion to enter into agreements with the commissioner of mental health for the provision of security services relating to article ten of the mental hygiene law.

Section 7. Organization of department of corrections and community supervision; officers and employees; delegation by commissioner.

1. The commissioner of corrections and community supervision may, from time to time, create, abolish, transfer and consolidate divisions, bureaus and other units within the department not expressly established by law as he or she may determine necessary for the efficient operation of the department, subject to the approval of the director of the budget.

2. The commissioner of corrections and community supervision may appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his or her duties and may prescribe their powers and duties and fix their compensation within the amounts appropriated therefor.

3. The commissioner may by order filed in the department of corrections and community supervision delegate any of his or her powers to or direct any of his or her duties to be performed by a deputy commissioner or a head of a division or bureau of such department.

4. The commissioner shall not appoint any person as a correction officer or parole officer, unless such person has attained his twenty-first birthday.

(*) Section 8. Testing of certain applicants for employment.

1. Any applicant for employment with the department as a correction officer at a facility of the department, shall be tested in accordance with the requirements of this section.

2. The department is hereby authorized to conduct, or to enter into agreements necessary for conducting tests for psychological screening of applicants covered by this section. Any such tests shall consist of at least three independent psychological instruments and shall meet the level of the art for psychological instruments to be used in a validation study developed for selection of such applicants. Such psychological instruments shall be used in testing and selection of applicants for positions referred to in subdivision one of this section. Persons who have been determined by a psychologist licensed under the laws of this state as suffering from psychotic disorders, serious character disorders, or other disorders which could hinder performance on the job may be deemed ineligible for appointment; provided, however, that other components of the employee selection process may be taken into consideration in reaching the determination as to whether a candidate is deemed eligible or ineligible for certification to a list of eligible candidates. The department's testing program shall include a component consisting of criteria related validity studies or other validity studies acceptable under relevant federal law governing equal employment.

3. The commissioner or his or her designee shall advise those candidates who have been deemed ineligible for appointment through psychological screening and shall notify such persons of their right to appeal their disqualification. A person so deemed may apply to the commissioner for a review of the findings within thirty days of the date of notification. The commissioner shall refer the matter to an independent advisory board to review any recommendation. A copy of the advisory board's recommendations shall be promptly forwarded to the parties and to the commissioner. If the advisory board's recommendation is rejected by the commissioner, wholly or in part, the commissioner shall state his or her reasons for such rejection in writing.

4. The advisory board shall consist of three members who shall be selected by the president of the civil service commission. The membership of the board shall consist of: A psychologist and a psychiatrist, both of whom shall be licensed under the laws of this state, and a third member who shall be a representative of the department of civil service. The department of civil service shall maintain a list of alternate board members comprised of psychologists and psychiatrists, licensed under the laws of this state, and representatives nominated by the president of the civil service commission, who shall sit on the advisory board in the event a designated member is unable to serve, provided, however, that at all times the advisory board must be comprised of a psychiatrist, a psychologist and a representative of the department of civil service. Each of the members of the advisory board and their alternates so selected shall serve at the pleasure of the president of the civil service commission. Each of the members and alternates so selected shall be reimbursed for services and actual costs at a per diem rate not to exceed nine hundred dollars for the psychiatrist, seven hundred dollars for the psychologist and six hundred dollars for the representative of the civil service department; provided, however, that if any member of or alternate to the advisory board is an employee of the state of New York, then such representative shall only receive reimbursement for actual costs incurred.

5. The commissioner or his or her designee shall advise the department of civil service of those persons who have been determined under this section as being eligible for appointment from any list of eligible candidates.

6. Notwithstanding any other provision of law, the results of the tests administered pursuant to this section shall be used solely for the qualification of a candidate for correction officer and the validation of the psychological instruments utilized. For all other purposes, the results of the examination shall be confidential and the records sealed by the department of corrections and community supervision, and not be available to any other agency or person except by authorization of the applicant or, upon written notice by order of a court of this state or the United States.

7. Prior to March first of each year, the commissioner of the department of corrections and community supervision will report to the governor, president of the senate and speaker of the assembly on the conduct of the psychological testing program and the results of such program in improving the quality of correction officer candidates.

* NB Expires September 1, 2013

Section 9. Access to inmate information via the internet.

Notwithstanding any provision of law to the contrary, any information relating to the conviction of a person, except for a person convicted of an offense that would make such person ineligible for merit time under section eight hundred three of this chapter or an offense for which registration as a sex offender is required as set forth in subdivision two or three of section one hundred sixty-eight-a of this chapter, that is posted on a website maintained by or for the department, under article six of the public officers law, may be posted on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision; provided, however, that in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision arising from the most recent commitment to the department.

Section 10. Parole officers.

1. Employees in the department who perform the duties of supervising inmates released on community supervision shall be parole officers.

2. No person shall be eligible for the position of parole officer who is under twenty-one years of age or who does not possess a baccalaureate degree conferred by a post-secondary institution accredited by an accrediting agency recognized by the United States office of education, or who is not fit physically, mentally and morally. Parole officer selection shall be based on definite qualifications as to character, ability and training with an emphasis on capacity and ability to provide a balanced approach to influencing human behavior and to use judgment in the enforcement of the rules and regulations of community supervision. Parole officers shall be persons likely to exercise a strong and helpful influence upon persons placed under their supervision while retaining the goal of protecting society.

3. The commissioner, acting in cooperation with the civil service commission, shall establish standards, preliminary requisites and requisites to govern the selection and appointment of parole officers.

4. A parole or warrant officer, in performing or in attempting to perform an arrest pursuant to and in conformance with the provisions of article one hundred forty of the criminal procedure law, shall be deemed to have performed such actions, relating to such arrest, in the course of employment in the department for purposes of disability or death from any injuries arising therefrom. The provisions of this subdivision shall apply whether or not such parole or warrant officer was on duty for the department at the time of performing such actions or performed such actions outside of his or her regular or usual duties within the department.

Section 15-B. Education.

The present director of vocational education shall be the director of education with the powers and duties of the director of education and hereafter shall be appointed by the commissioner. The director of education, at any time appointed, shall be a person whose education, training and experience shall cover fields of penology and of professional education. The educational qualifications shall include the satisfactory completion of three years of graduate work in education, penology, and allied fields. The head of the division of education shall have the direct supervision of all educational work in the department of corrections and community supervision and shall have full authority to visit and inspect all institutions of the department to observe, study, organize, and develop the educational activities of such institutions in harmony with the general educational program of the department. He or she shall be responsible to the commissioner and deputy commissioner designated by the commissioner.

Section 15-C. Enacted without section heading.

The commissioner, with the approval of the governor, may accept as agent of the state any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys so received may be expended by the department to develop and promote programs for the study and treatment of crime and delinquency, education and training of inmates, staff improvement, research and evaluation, improvement of facilities, or any other lawful purpose, subject to the same limitations as to approval of expenditures and audit as are prescribed for state moneys appropriated for the purpose of this article.

Section 16. Expense of autopsy; state charge.

The reasonable expense of any inquiry, autopsy, examination or report prepared thereon conducted by a coroner, coroner's physician or medical examiner as required by law with respect to any death occurring to an inmate of an institution operated by the department shall, to the extent not otherwise reimbursed by the state, be a state charge. Reimbursement of such expense shall be made on vouchers submitted annually and certified by the chief fiscal officer of the county or city as the case may be on the audit and warrant of the comptroller.

Section 18. Superintendents of correctional facilities.

1. Each correctional facility shall have a superintendent who shall be appointed by the commissioner. Each such superintendent shall be in the non-competitive-confidential class but shall be appointed from employees of the department who have at least three years of experience in correctional work in the department and (i) who have a permanent civil service appointment of salary grade twenty-seven or higher or who have a salary equivalent to a salary grade of twenty-seven or higher for correctional facilities with an inmate population capacity of four hundred or more inmates, or (ii) who have a permanent civil service appointment of salary grade twenty-three or higher or who have a salary equivalent to a salary grade of twenty-three or higher for correctional facilities with an inmate population capacity of fewer than four hundred inmates; provided that for correctional facilities of either capacity, the employee shall be appointed superintendent at the hiring rate set forth in section nineteen of this article or such other rate as may be appropriate, subject to the approval of the director of the budget; provided that in no event shall the salary upon appointment exceed the job rate. Such superintendents shall serve at the pleasure of the commissioner and shall have such other qualifications as may be prescribed by the commissioner, based on differences in duties, levels of responsibility, size and character of the correctional facility, knowledge, skills and abilities required, and other factors affecting the position.

2. Subject to the rules and statutory powers of the commissioner, or rules approved by him or her, the superintendent of a correctional facility shall have the supervision and management thereof.

3. Subject to the direction of the commissioner, and of the deputy and assistant commissioners in their respective fields of supervision, the superintendent of a correctional facility shall direct the work and define the duties of all officers and subordinates of the facility.

Section 19. Salary and emoluments of superintendents.

1. This section shall apply to each superintendent of a correctional facility appointed on or after August ninth, nineteen hundred seventy-five and any superintendent heretofore appointed who elects to be covered by the provisions thereof by filing such election with the commissioner.

a. The salary schedule for superintendents of a correctional facility with an inmate population capacity of four hundred or more inmates shall be as follows: Effective April first, two thousand eleven: Hiring Rate Job Rate $105,913 $144,535 Effective April first, two thousand fourteen: Hiring Rate Job Rate $108,031 $147,426 Effective April first, two thousand fifteen: Hiring Rate Job Rate $110,192 $150,375

b. The salary schedule for superintendents of correctional facilities with an inmate population capacity of fewer than four hundred inmates shall be as follows: Effective April first, two thousand eleven: Hiring Rate Job Rate $82,363 $104,081 Effective April first, two thousand fourteen: Hiring Rate Job Rate $84,010 $106,163 Effective April first, two thousand fifteen: Hiring Rate Job Rate $85,690 $108,286

2. Employees to whom the provisions of this section apply whose basic annual salary is less than the job rate herein specified may receive periodic performance advancement payments based on periodic evaluations of work performance in accordance with rules and regulations promulgated by the director of the budget; provided, however, that in no event may such a payment result in a basic annual salary in excess of the job rate of such grade. Such payments shall be part of the employee's basic annual salary. Payments pursuant to this subdivision shall commence no earlier than July first, nineteen hundred seventy-nine.

3. Employees to whom the provisions of this section apply whose basic annual salary at the time of the performance award evaluation equals or exceeds the job rate of the salary schedule of their positions may receive performance award payments in accordance with rules and regulations promulgated by the director of the budget. Such payments shall be lump sum payments and shall be in addition to and shall not be part of the employee's basic annual salary; provided, however, that any amounts payable pursuant to this subdivision shall be included as compensation for retirement purposes.

4. The salary herein provided shall be in lieu of all other compensation or emolument, benefit of entitlement of office of the office of superintendent except as may be necessarily incidental to the discharge of the duties of such office or provided by law.

Section 20. Library.

A library shall be provided in the department containing the leading books on parole, probation and other correctional activities, together with reports and other documents on correlated topics of criminology and social work.