N.Y. Civil Rights Law § 79-a: Consequence of sentence to imprisonment for life

§ 79-a. Consequence of sentence to imprisonment for life. 1. Except

as provided in subdivisions two and three, a person sentenced to

imprisonment for life is thereafter deemed civilly dead; provided, that

such a person may marry while on community supervision, or after he or

she has been discharged from community supervision, if otherwise capable

of contracting a valid marriage. A marriage contracted pursuant to this

section by a person while he or she is on community supervision, without

prior written approval of the commissioner of corrections and community

supervision, shall be ground for revocation of the community

supervision. This section shall not be deemed to impair the validity of

a marriage between a person sentenced to imprisonment for life and his

or her spouse.

2. A sentence to imprisonment for life shall not be deemed to suspend

the right or capacity of any person so sentenced to commence, prosecute

or defend an action or proceeding in any court within this state or

before a body or officer exercising judicial, quasi-judicial or

administrative functions within this state; provided, however, that

where at the time of the commencement and during the prosecution or

defense of such action or proceeding such person is an incarcerated

individual of a state correctional institution, he or she shall not

appear at any place other than within the institution for any purpose

related to such action or proceeding unless upon a subpoena issued by

the court before whom such action or proceeding is pending or, where

such action or proceeding is pending before a body or officer, before a

judge to whom a petition for habeas corpus could be made under

subdivision (b) of section seven thousand two of the civil practice law

and rules upon motion of any party and upon a determination that such

person's appearance is essential to the proper and just disposition of

the action or proceeding. Unless the court orders otherwise, a motion

for such subpoena shall be made on at least two days' notice to the

commissioner of corrections and community supervision.

3. (a) Except as provided in paragraph (b) of this subdivision, the

state shall not be liable for any expense of or related to any such

action or proceeding, including but not limited to the expense of or

related to transporting the incarcerated individual to, or lodging or

guarding him or her at any place other than in a state correctional

institution. The department of corrections and community supervision

shall not be required to perform any services related to such action or

proceeding, including but not limited to transporting the incarcerated

individual to or lodging or guarding him or her at any place other than

a state correctional institution unless and until the department has

received payment for such services.

(b) Where the incarcerated individual is permitted in accordance with

any other law to proceed with the action or proceeding as a poor person

the expense of transporting the incarcerated individual to, or lodging

or guarding him or her at any place other than in a state correctional

institution or any other expense relating thereto shall be a state

charge; provided, however, that where an incarcerated individual has

been granted such permission and a recovery by judgment or by settlement

is had in his or her favor, the court may direct him or her to pay out

of the recovery all or part of any sum expended by the state.

4. This section shall not apply to a person sentenced to imprisonment

for an indeterminate term, having a minimum of one day and a maximum of

his natural life.

Nothing in this section shall be deemed to preclude the issuance of a

certificate of relief from disabilities or a certificate of good conduct

pursuant to article twenty-three of the correction law to a person who

previously has been sentenced to imprisonment for life.