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a. The uniformed force of the department of correction shall consist of the following ranks:
1. Correction officers.
2. Captains.
3. Assistant deputy wardens.
4. Deputy wardens.
5. Wardens.
b. 1. The composition of the uniformed force as established by this section shall be altered only by the creation therein of new positions or ranks the appointments to which shall be made only from a list promulgated as the result of a promotion examination. In such examination only members of the uniformed force shall be eligible to compete.
2. The duty of maintaining the custody and supervision of persons detained or confined by the department of correction shall be performed solely by members of the uniformed force and shall not be delegated, transferred or assigned in whole or in part to private persons or entities.
3. Nothing in this subdivision shall limit in any way persons who are or will be employed by or under contract with the department of correction from maintaining incidental supervision and custody of an incarcerated individual, where the primary duties and responsibilities of such persons and contractors consist of administering or providing programs and services to persons detained or confined in any of its facilities; nor shall anything in this subdivision be construed to limit or affect the existing authority of the mayor and commissioner to appoint non-uniformed persons, whose duties include overall security of the department of correction, to positions of authority.
c. The uniforms to be worn by the members of the force shall be prescribed by the commissioner of correction.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. A correction officer of the department of correction shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a correction officer, as determined by the department.
b. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a correction officer by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a correction officer.
c. Nothing in this section shall be construed to require payment of salary to a correction officer who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
d. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
e. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or restricted duty.
a. The commissioner of correction may establish a commissary in any institution under the commissioner's jurisdiction for the use and benefit of the incarcerated individuals and employees thereof. All moneys received from the sales of such commissaries shall be paid over semi-monthly to the commissioner of finance without deduction. Except as otherwise provided in this subdivision, the provisions of section 12-114 of the code shall apply to every officer or employee who receives such moneys in the performance of his or her duties in any such commissary. The accounts of the commissaries shall be subject to supervision, examination and audit by the comptroller and all other powers of the comptroller in accordance with the provisions of the charter and code.
b. All moneys received from the sales from such commissaries shall be kept in a separate and distinct fund to be known as the commissary fund. Such fund shall be used for:
1. The purchase of all merchandise for resale in such commissaries;
2. The purchase of supplies, materials, and equipment for such commissaries;
3. The furnishing of work or labor to be done for such commissaries; and
4. All other costs and expenses of operating such commissaries other than the salaries of officers and employees employed in such commissaries.
c. Any surplus remaining in the commissary fund after deducting all items described in subdivision b hereof shall be used for the general welfare of the incarcerated individuals of the institutions under the jurisdiction of the department of correction. In the event such fund at any time exceeds one hundred thousand dollars, the excess shall be transferred to the general fund.
d. All expenditures for items described in paragraph one of subdivision b of this section shall be made upon vouchers issued by the commissioner of correction and subject to audit by the comptroller. All other expenditures described in subdivision b and subdivision c of this section shall be made by the commissioner in accordance with schedules approved by the mayor or of the director of the budget acting in accordance with a delegation of power from the mayor. All supplies, materials, equipment and merchandise to be furnished and all work or labor to be done, the cost of which is payable from the commissary fund, shall be furnished or provided in accordance with the provisions of chapter one of title six of the charter and of the code.
e. The salaries of the employees of such commissaries shall be fixed by the mayor.
f. Any officer or employee, whose duties in connection with the commissary fund involve possession of or control over funds, shall execute a bond to the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
The chief officer of any institution under the charge of the commissioner of correction shall make his or her requisitions in writing upon the commissioner for all articles such officer deems necessary to be used in such institution. Such officer shall keep an accurate account thereof.
The chief officer of any institution under the charge of the commissioner of correction shall report once in each week to the commissioner of correction. Such report shall set forth:
1. The number of persons who have been received, discharged or transferred.
2. The number who have become sick or who have died.
3. The number remaining in the institution under the charge of such chief officer.
4. The discipline which has been maintained.
5. The quantity and kind of labor performed.
6. Such other information as the commissioner of correction requires.
The commissioner of correction shall keep and preserve a proper record of all persons who shall come under the commissioner's care or custody, and of the disposition of each, with full particulars as to the name, age, sex, color, nativity and religious faith, together with a statement of the cause and length of detention. Except as otherwise provided by law, the records kept pursuant to this section shall be public and shall be open to public inspection.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
A correction officer or correction officers from the department of correction shall at all times direct and guard all incarcerated individuals of any of the institutions in the department of correction who are performing work for any other agency.
(Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
The establishment of a fund to be known as "manufacturing fund, department of correction," is authorized. The comptroller is directed to place in such fund all moneys received or realized through the sale of articles manufactured by the department of correction. The comptroller is authorized to charge against such fund any voucher received from the department of correction for the purchase of materials, supplies, equipment, repairs, replacements and royalties on manufacturing industry machines to be used in its manufacturing industries. The comptroller is further directed to transfer to the general fund of the city at the end of each calendar year any sums remaining in such manufacturing fund in excess of seventy-five thousand dollars of the unencumbered balance.
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