N.Y. Comp. Codes R. & Regs. tit. 9 § 177.17

Current through Register Vol. 46, No. 53, December 31, 2024

Section 177.17 - The independent review board

The Independent Review Board shall consist of at least nine, but not more than 15 persons who are not employed by the division and who are knowledgeable in the areas of juvenile justice and youth rights. Each board member shall be appointed by the director of the division for a term of three years, which term may be renewed once, and shall serve at the pleasure of the director of the division. At least one member shall be a former resident or parent of a resident; at least one member shall be a psychologist or other clinician; at least one member shall be an individual knowledgeable of juvenile legal rights matters; at least one member shall be a judge of the Family Court; and at least one member shall be knowledgeable of the criminal justice system. When funds are available, the members of the board shall be compensated for their ordinary and reasonable expenses incurred in the conduct of their duties in accordance with the prevailing State rates as approved by the Department of Audit and Control. The board shall review the ombudsman reports and meet at least bimonthly with the ombudsmen, the ombudsman director, the director of the division, and other appropriate personnel to discuss the reports. The board is an advisory body and has no administrative duties. It shall advise the director of the division on matters pertaining to the office of the ombudsman and on matters related to complaint and grievance resolution. The board shall have the authority to:

(a) request the office of the ombudsman and/or the director of the division to conduct investigations;

(b) make inquiries at the request of the director of the division, or, on its own motion, into matters affecting the legal rights of youth;

(c) convene meetings and communicate freely with the ombudsmen and the office of the ombudsman;

(d) evaluate the effectiveness of the office of the ombudsman and make necessary inquiries to that end; and

(e) visit division facilities and grounds and inspect records of the division. Laws and regulations governing the confidentiality of records must be adhered to, and counsel's office should be notified concerning the records to be inspected. During any such visit to facilities or inspection of records, the board members may speak with youth and employees.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 177.17