N.Y. Correction Law § 601: Delivery of commitment with incarcerated individual; payment of fees for transportation

§ 601. Delivery of commitment with incarcerated individual; payment of

fees for transportation. * (a) Whenever an incarcerated individual

shall be delivered to the superintendent of a state correctional

facility pursuant to an indeterminate or determinate sentence, the

officer so delivering such incarcerated individual shall deliver to such

superintendent, the sentence and commitment or certificate of

conviction, or a certified copy thereof, and a copy of any order of

protection pursuant to section 380.65 of the criminal procedure law

received by such officer from the clerk of the court by which such

incarcerated individual shall have been sentenced, a copy of the report

of the probation officer's investigation and report or a detailed

statement covering the facts relative to the crime and previous history

certified by the district attorney, a copy of the incarcerated

individual's fingerprint records, a detailed summary of available

medical records, psychiatric records and reports relating to assaults,

or other violent acts, attempts at suicide or escape by the incarcerated

individual while in the custody of the local correctional facility; any

such medical or psychiatric records in the possession of a health care

provider other than the local correctional facility shall be summarized

in detail and forwarded by such health care provider to the medical

director of the appropriate state correctional facility upon request;

the superintendent shall present to such officer a certificate of the

delivery of such incarcerated individual, and the fees of such officer

for transporting such incarcerated individual shall be paid from the

treasury upon the audit and warrant of the comptroller. The sentence and

commitment or certificate of conviction shall be deemed to grant

authorization to the department of corrections and community supervision

to request a certified copy or certified transcript of birth on behalf

of an incarcerated individual, when such request is made pursuant to

subdivision four of section four thousand one hundred seventy-four of

the public health law or section four thousand one hundred seventy-nine

of such law. Whenever an incarcerated individual of the state is

delivered to a local facility, the superintendent shall forward

summaries of such records to the local facility with the incarcerated

individual. The department of corrections and community supervision

shall notify the incarcerated individual when a birth certificate has

been ordered and received. Upon such individual's release from a

correctional facility, the certified copy or certified transcript of

birth shall be provided to the individual.

* NB Effective until September 1, 2027

* (a) Whenever an incarcerated individual shall be delivered to the

superintendent of a state correctional facility pursuant to an

indeterminate or determinate sentence, the officer so delivering such

incarcerated individual shall deliver to such superintendent, the

sentence and commitment or certificate of conviction, or a certified

copy thereof, and a copy of any order of protection pursuant to section

380.65 of the criminal procedure law received by such officer from the

clerk of the court by which such incarcerated individual shall have been

sentenced, a copy of the report of the probation officer's investigation

and report or a detailed statement covering the facts relative to the

crime and previous history certified by the district attorney, a copy of

the incarcerated individual's fingerprint records, a detailed summary of

available medical records, psychiatric records and reports relating to

assaults, or other violent acts, attempts at suicide or escape by the

incarcerated individual while in the custody of the local correctional

facility; any such medical or psychiatric records in the possession of a

health care provider other than the local correctional facility shall be

summarized in detail and forwarded by such health care provider to the

medical director of the appropriate state correctional facility upon

request; the superintendent shall present to such officer a certificate

of the delivery of such incarcerated individual, and the fees of such

officer for transporting such incarcerated individual shall be paid from

the treasury upon the audit and warrant of the comptroller. Whenever an

incarcerated individual of the state is delivered to a local facility,

the superintendent shall forward summaries of such records to the local

facility with the incarcerated individual.

* NB Effective September 1, 2027

* (b) Whenever an incarcerated individual is sentenced by a court of

this state to an indeterminate sentence, but the incarcerated individual

is immediately returned to a correctional facility under the

jurisdiction of the United States or of a sister state, the clerk of the

court shall immediately send to the commissioner of the department a

certified copy of the sentence, a copy of the probation report and a

copy of the fingerprint records of the incarcerated individual.

* NB Effective until September 1, 2027

* (b) Whenever an incarcerated individual is sentenced by a court of

this state to an indeterminate or determinate sentence, but the

incarcerated individual is immediately returned to a correctional

facility under the jurisdiction of the United States or of a sister

state, the clerk of the court shall immediately send to the commissioner

of the department a certified copy of the sentence, a copy of the

probation report and a copy of the fingerprint records of the

incarcerated individual.

* NB Effective September 1, 2027

(c) In order to comply with section five hundred-b of this chapter, to

afford appropriate precautions for the personal safety and welfare of

persons in custody, and to foster the safety, security and good order of

the local correctional facility, a sheriff upon the lawful commitment of

a person to his custody may request, and a sheriff to whom such request

is made shall deliver, such information in his possession or summaries

thereof as specified in subdivision (a) of this section with the

exception of medical and psychiatric records which would be forwarded

pursuant to subdivision (d) of this section.

(d) Any medical or psychiatric records in the possession of a health

care provider shall be summarized in detail and forwarded by such health

care provider to the medical director of the receiving local

correctional facility upon the request of such sheriff or medical

director. Requests for such information shall be made when the

information is necessary for the timely and effective medical evaluation

or treatment.

(e) A copy of any order of protection issued by any court against such

incarcerated individual pursuant to article five hundred thirty of the

criminal procedure law or article eight of the family court act at the

time of sentencing or which thereafter be issued shall accompany any

commitment.

(f) Information, however received, pursuant to subdivisions (c) and

(d) of this section which is confidential as required by law shall be

kept confidential by the party receiving such information and any

limitation on the release of such information imposed by law upon the

party furnishing the information shall also apply to the party receiving

such information. Any disclosure of confidential material made pursuant

to this section shall be limited to that information which is necessary

in light of the reason for disclosure.

(g) The state commission of correction shall promulgate a rule and

regulation which prescribes the manner in which confidential material

shall be transmitted between local correctional facilities.