N.Y. Correction Law § 500-c: Custody and control of prisoners

* § 500-c. Custody and control of prisoners. 1. Except as provided in

subdivision two of this section, the sheriff of each county shall have

custody of the county jail of such county.

2. In the counties within the city of New York, the city commissioner

of correction shall have custody of the correctional facilities within

the jurisdiction of the New York city department of correction. In the

county of Westchester, the county commissioner of correction shall have

custody of all county correctional facilities.

3. Whenever a person is committed to the custody of the sheriff, such

commitment shall be deemed to be to the custody of the person designated

in subdivisions one and two of this section hereinafter referred to as

the chief administrative officer.

4. The chief administrative officer shall receive and safely keep in

the county jail of his county each person lawfully committed to his

custody pursuant to the provisions of sections five hundred-a and five

hundred four of this article and any other applicable provisions of law.

Such officer shall not be held personally liable for receiving or

detaining any person under and in accordance with a commitment issued by

a judicial officer; nor shall he, without lawful authority, let any such

person out of jail.

5. All persons confined in a county jail or penitentiary shall, as far

as practicable, be allowed to converse with their counsel, or religious

advisor, under such reasonable regulations and restrictions as the chief

administrative officer may fix. The chief administrative officer may

prevent all other conversation by any prisoner in the jail when he shall

deem it necessary and proper.

6. Notwithstanding any other provision of law, in the county of

Onondaga all of the provisions of this section shall equally apply in

any case where the sheriff is holding a person under arrest, for

arraignment, prior to commitment, as if such person had been judicially

committed to the custody of the sheriff and such person may be held in

the Onondaga county jail.

7. A sheriff, the New York city commissioner of correction, or the

Westchester county commissioner of correction, as the case may be, shall

maintain an institutional fund account on behalf of every lawfully

sentenced incarcerated individual or prisoner in his or her custody and

shall for the benefit of the person make deposits into said accounts of

any prisoner funds. As used in this section, the term "prisoner funds"

means (i) funds in the possession of the prisoner at the time of

admission into the institution; (ii) funds earned by a prisoner as

provided in section one hundred eighty-seven of this chapter; and (iii)

any other funds received by or on behalf of the prisoner and deposited

with such sheriff or municipal official in accordance with the written

procedures established by the commission. Whenever the total value of

unencumbered funds in a prisoner's account exceeds ten thousand dollars,

such sheriff or official shall give written notice to the office of

victim services.

8. A sheriff, the New York city commissioner of correction, or the

Westchester county commissioner of correction, as the case may be, shall

provide written notice to all incarcerated individuals serving a

definite sentence for a specified crime defined in paragraph (e) of

subdivision one of section six hundred thirty-two-a of the executive law

who may be subject to any requirement to report to the office of victim

services any funds of a convicted person as defined in section six

hundred thirty-two-a of the executive law, the procedures for such

reporting and any potential penalty for a failure to comply.

9. Notwithstanding any other provision of law, in the county of Erie

all of the provisions of this section shall equally apply in any case

where the sheriff is holding a person under arrest for arraignment,

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Erie

county holding center or the Erie county correctional facility.

10. Notwithstanding any other provision of law, in the county of Yates

all of the provisions of this section shall equally apply in any case

where the sheriff is holding a person under arrest for arraignment,

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Yates

county jail.

** 11. Notwithstanding any other provision of law, in the county of

Cortland, all of the provisions of this section shall equally apply in

any case where the sheriff is holding a person under arrest for

arraignment, prior to commitment, as if such person had been judicially

committed to the custody of the sheriff.

** NB There are 2 sb 11's

** 11. Notwithstanding any other provision of law, in the county of

Putnam, all of the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment,

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Putnam

county jail.

** NB There are 2 sb 11's

12. Notwithstanding any other provision of law, in the county of

Warren all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Warren

county jail.

** 13. Notwithstanding any other provision of law, in the county of

Niagara, all of the provisions of this section shall equally apply in

any case where the sheriff is holding a person under arrest for

arraignment, prior to commitment, as if such person had been judicially

committed to the custody of the sheriff and such person may be held in

the Niagara county jail.

** NB There are 2 sb 13's

** 13. Notwithstanding any other provision of law, in the county of

Genesee all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Genesee

county jail.

** NB There are 2 sb 13's

14. Notwithstanding any other provision of law, in the county of

Allegany all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Allegany

county correctional facility.

15. Notwithstanding any other provision of law, in the county of

Seneca all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Seneca

county correctional facility.

** 16. Notwithstanding any other provision of law, in the county of

Montgomery all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Montgomery

county correctional facility.

** NB There are 2 sb 16's

** 16. Notwithstanding any other provision of law, in the county of

Chautauqua all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Chautauqua

county correctional facility.

** NB There are 2 sb 16's

17. Notwithstanding any other provision of law, in the county of

Ontario all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Ontario

county correctional facility.

18. Notwithstanding any other provision of law, in the county of

Albany, all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Albany

county correctional facility.

19. Notwithstanding any other provision of law, in the county of

Jefferson, all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Jefferson

county correctional facility.

** 20. Notwithstanding any other provision of law, in the county of

Livingston all provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Livingston

county correctional facility.

** NB There are 2 sb 20's

** 20. Notwithstanding any other provision of law, in the county of

Schenectady all the provisions of this section shall equally apply in

any case where the sheriff is holding a person under arrest for

arraignment prior to commitment, as if such person had been judicially

committed to the custody of the sheriff and such person may be held in

the Schenectady county correctional facility.

** NB There are 2 sb 20's

** 21. Notwithstanding any other provision of law, in the county of

Washington all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Washington

county correctional facility.

** NB There are 3 sb 21's

** 21. Notwithstanding any other provision of law, in the county of

Fulton all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Fulton

county correctional facility.

** NB There are 3 sb 21's

** 21. Notwithstanding any other provision of law, in the county of

Orleans all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Orleans

county jail.

** NB There are 3 sb 21's

22. Notwithstanding any other provision of law, in the county of Essex

all the provisions of this section shall equally apply in any case where

the sheriff is holding a person under arrest for arraignment prior to

commitment, as if such person had been judicially committed to the

custody of the sheriff and such person may be held in the Essex county

correctional facility.

23. Notwithstanding any other provision of law, in the county of

Oneida, all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Oneida

county correctional facility.

24. Notwithstanding any other provision of law, in the county of

Otsego all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Otsego

county jail.

** 25. Notwithstanding any other provision of law, in the county of

Steuben, all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person has been judicially committed to

the custody of the sheriff and such person may be held in the Steuben

county correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of

Wayne, all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Wayne

county correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of

Tioga all the provisions of this section shall equally apply in any case

where the sheriff is holding a person under arrest for arraignment prior

to commitment, as if such person had been judicially committed to the

custody of the sheriff and such person may be held in the Tioga county

correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of

Broome all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under arrest for arraignment

prior to commitment, as if such person had been judicially committed to

the custody of the sheriff and such person may be held in the Broome

county correctional facility.

** NB There are 4 sb 25's

26. Notwithstanding any other provision of law, where the chief

administrator of the courts establishes an off-hours arraignment part in

a county in accordance with paragraph (w) of subdivision one of section

two hundred twelve of the judiciary law, all the provisions of this

section shall equally apply in any case where the sheriff is holding a

person who is eighteen years of age or older and under arrest for

arraignment prior to commitment, as if such person had been judicially

committed to the custody of the sheriff and such person may be held in

such county correctional facility.

27. Notwithstanding any other provision of law, in the county of

Madison all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under the authority and

jurisdiction of the Oneida Indian Nation court pursuant to a

county-tribal detention agreement between the county of Madison, the

Madison county sheriff and the Oneida Indian Nation pursuant to section

eight hundred fifty-four of the county law, as if such person had been

judicially committed to the custody of the sheriff and such person may

be held in the Madison county correctional facility.

28. Notwithstanding any other provision of law, in the county of

Oneida all the provisions of this section shall equally apply in any

case where the sheriff is holding a person under the authority and

jurisdiction of the Oneida Indian Nation court pursuant to a

county-tribal detention agreement between the county of Oneida, the

Oneida county sheriff and the Oneida Indian Nation pursuant to section

eight hundred fifty-three of the county law, as if such person had been

judicially committed to the custody of the sheriff and such person may

be held in the Oneida county correctional facility.

* NB Repealed September 1, 2027