N.Y. Correction Law § 71: Persons received into the custody of the department

§ 71. Persons received into the custody of the department.

1. * Persons committed to the custody of the department under an

indeterminate or determinate sentence of imprisonment shall be delivered

to correctional facilities designated as reception centers in the rules

and regulations of the department. The commissioner may designate any

correctional facility as a reception center subject, however, to the

following criteria:

* NB Effective until September 1, 2027

* Persons committed to the custody of the department under an

indeterminate or a reformatory sentence of imprisonment shall be

delivered to correctional facilities designated as reception centers in

the rules and regulations of the department. The commissioner may

designate any correctional facility as a reception center subject,

however, to the following criteria:

* NB Effective September 1, 2027

(a) Males and females shall not be received at the same correctional

facility;

(b) Males under the age of twenty-one at the time sentence is imposed

shall not be received at the same correctional facility as males who are

twenty-one or over at the time sentence is imposed.

1-a. The commissioner shall ensure that each general confinement

facility law library has information on international offender transfers

sufficient to inform those persons who are citizens of a treaty nation

of the existence of such treaties and of the means by which such persons

may initiate a request for return to the person's country of citizenship

for service of the sentence imposed. Such law libraries shall also

contain the most recent annual Amnesty International Report published by

Amnesty International describing the conditions of prisons in each

treaty nation and, to the extent practicable, other materials describing

such prison conditions published by the United Nations, United States

Department of State or human rights organizations. In addition, to the

extent practicable, such law libraries shall contain information either

listing each foreign country's provisions for the reduction of the terms

of confinement for penal sentences as well as the availability of

incarcerated individual programs or, shall contain a list of officials

in the United States Department of Justice or the embassy of the foreign

country to whom an incarcerated individual may write for information. To

the extent practicable, newly received incarcerated individuals who are

identified as foreign nationals of treaty nations shall, as part of the

reception process, be advised of the existence of such treaties and the

possibility of the initiation of a transfer request.

1-b. The commissioner shall promulgate rules and regulations setting

forth the procedures by which an incarcerated individual may apply to be

considered for transfer to a foreign nation. The commissioner, or his

designee, shall retain sole and absolute authority to approve or

disapprove an incarcerated individual's application for transfer.

Nothing herein shall be construed to confer upon an incarcerated

individual a right to be transferred to a foreign nation.

Notwithstanding any other law, rule or regulation to the contrary, no

incarcerated individual application for transfer shall be processed

unless the incarcerated individual has first indicated his willingness

and desire in writing, on a form prescribed by the commissioner, to be

considered for transfer to the foreign nation. Such form shall also

contain a copy of the incarcerated individual's most recent legal date

computation printout indicating the term or aggregate term of the

sentence originally imposed and the release dates resulting therefrom.

If a request for transfer is approved by the commissioner or his

designee, facility staff shall assist in the preparation and submission

of all materials and forms necessary to effectuate the person's request

for transfer to the United States Department of Justice for purposes of

finalization of the transfer process, including verification proceedings

before a United States District Court Judge, United States magistrate or

other appointed United States official to assure and document the

incarcerated individual's voluntary request for transfer.

1-c. For purposes of this section, the term "treaty nation" means a

foreign country under treaty that provides for the voluntary transfer of

persons on the execution of penal sentences entered into by the

government of the United States with foreign countries.

2. Persons returned to the custody of the department as parole or

conditional release violators shall be delivered to institutions

designated in the rules and regulations of the department.

3. Persons who are committed, transferred, certified to or placed in

the care or custody of the department as mental defectives shall be

delivered to a special institution maintained for the care, treatment,

training and custody of mental defectives in accordance with article

seventeen of this chapter.

4. Persons who are committed, transferred, certified to or placed in

the care or custody of the department while mentally ill shall be

delivered to a special institution maintained for the care, treatment

and custody of the mentally ill in accordance with article sixteen of

this chapter.

5. The commissioner of correction shall file copies of written orders

with the clerk of each court having jurisdiction to commit persons to

the custody of the department designating the institutions to which

persons committed by such court shall be delivered. Such orders may be

amended or superseded by the commissioner from time to time and any

change shall become effective immediately upon receipt by the clerk of

the court.

6. A commitment to a specified institution in the department, rather

than to the custody of the department, which is valid in all other

respects shall not be void for such reason but shall be deemed a

commitment to the custody of the department and the person so committed

shall be conveyed to the proper institution as prescribed by this

section.

7. Whenever the department receives information that a person

committed to the department is a social services recipient and a

certificate of conviction and the term of the sentence imposed has not

previously been delivered by the sentencing court to the local

commissioner of social services pursuant to section 380.80 of the

criminal procedure law, the department shall deliver the certificate of

conviction and provide notification of the sentence imposed to the

commissioner of social services. Such commissioner shall deliver the

certificate of conviction and the term of sentence imposed to the

appropriate local commissioner of social services.

7-a. Whenever the department receives information that a person

committed to the department is a medicare part B recipient, the

department shall provide to such person information regarding

termination of medicare part B coverage for the duration of

incarceration.

8. (a) In each year in which the federal decennial census is taken but

in which the United States bureau of the census does not implement a

policy of reporting incarcerated persons at each such person's

residential address prior to incarceration, the department of

corrections and community supervision shall by September first of that

same year deliver to the legislative task force on demographic research

and reapportionment the following information for each incarcerated

person subject to the jurisdiction of the department and located in this

state on the date for which the decennial census reports population:

(i) A unique identifier, not including the name, for each such person;

(ii) The street address of the correctional facility in which such

person was incarcerated at the time of such report;

(iii) The residential address of such person prior to incarceration

(if any); and

(iv) Any additional information as the task force may specify pursuant

to law.

(b) The department shall provide the information specified in

paragraph (a) of this subdivision in such form as the legislative task

force on demographic research and reapportionment shall specify.