N.Y. Correction Law § 91: Agreements for custody of definite sentence incarcerated individuals

* § 91. Agreements for custody of definite sentence incarcerated

individuals. 1. The commissioner may enter into an agreement with any

county or with the city of New York to provide for custody by the

department of persons who receive definite sentences of imprisonment

with terms in excess of ninety days who otherwise would serve such

sentences in the jail, workhouse, penitentiary or other local

correctional institution maintained by such locality; provided, however,

that a person committed to the custody of the department pursuant to an

agreement established by this section, except a person committed

pursuant to an agreement with the city of New York, shall be delivered

to a reception center designated by the commissioner for an initial

processing period which shall be no longer than seven days, and

thereafter, shall be transferred to a general confinement correctional

facility located in the same county or in a county adjacent to the

county where such person would otherwise be committed to a local

correctional facility. In the event, however, that exigent circumstances

related to health, safety or security arise which require the immediate

transfer of an incarcerated individual to a different facility not

within the county or adjacent county, then the department shall, as soon

thereafter as practicable, arrange for such incarcerated individual to

be returned to the jurisdiction of the county from which he or she was

committed.

2. Any such agreement, except one that is made with the city of New

York, may be made with the sheriff, warden, superintendent, local

commissioner of correction or other person in charge of such county

institution and shall be subject to the approval of the chief executive

officer of the county. An agreement made with the city of New York may

be made with the commissioner of correction of that city and shall be

subject to the approval of the mayor.

3. An agreement made under this section shall require the locality to

pay the cost of treatment, maintenance and custody furnished by the

department, and the costs incurred under subdivision two or three of

section one hundred twenty-five of this chapter relating to the

provision of clothing, money and transportation upon release or

discharge of incarcerated individuals delivered to the department

pursuant to the agreement, and shall contain at least the following

provisions:

(a) A provision specifying the minimum length of the term of

imprisonment of persons who may be received by the department under the

agreement, which may be any term in excess of ninety days agreed to by

the parties and which need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the

department or to any of its institutions during the pendency of such

agreement for delivery of incarcerated individuals to the department by

officers of the locality, and that the provisions of section six hundred

two of this chapter or of any similar law shall not apply for delivery

of incarcerated individuals during such time;

(c) Designation of the correctional facility or facilities to which

persons under sentences covered by the agreement are to be delivered;

(d) A provision requiring the department to provide transitional

services upon the release of persons committed to the custody of the

department pursuant to an agreement established by this section;

(e) Any other provision the commissioner may deem necessary or

appropriate; and

(f) A provision giving either party the right to cancel the agreement

by giving the other party notice in writing, with cancellation to become

effective on such date as may be specified in such notice.

4. Notwithstanding any other provision of law, the commissioner shall

be authorized to grant, withhold, cause to be forfeited, or cancel time

allowances as provided in and in compliance with section eight hundred

four of this chapter.

5. A copy of such agreement shall be filed with the secretary of state

and with the clerk of each court having jurisdiction to impose sentences

covered by the agreement in the county or city to which it applies.

* NB Effective until September 1, 2027

* § 91. Agreements for custody of definite sentence incarcerated

individuals. 1. The state commissioner of corrections and community

supervision may enter into an agreement with any county or with the city

of New York to provide for custody by the state department of

corrections and community supervision of persons who receive definite

sentences of imprisonment with terms in excess of ninety days who

otherwise would serve such sentences in the jail, workhouse,

penitentiary or other local correctional institution maintained by such

locality.

2. Any such agreement, except one that is made with the city of New

York, may be made with the sheriff, warden, superintendent, local

commissioner of correction or other person in charge of such county

institution and shall be subject to the approval of the chief executive

officer of the county. An agreement made with the city of New York may

be made with the commissioner of correction of that city and shall be

subject to the approval of the mayor.

3. An agreement made under this section shall not require the locality

to pay the cost of treatment, maintenance and custody furnished by the

state department of corrections and community supervision and shall

contain at least the following provisions:

(a) A provision specifying the minimum length of the term of

imprisonment of persons who may be received by the state department of

corrections and community supervision under the agreement, which may be

any term in excess of ninety days agreed to by the parties and which

need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the

state department of corrections and community supervision or to any of

its institutions during the pendency of such agreement for delivery of

incarcerated individuals to the state department of corrections and

community supervision by officers of the locality, and that the

provisions of section six hundred two of this chapter or of any similar

law shall not apply for delivery of incarcerated individuals during such

time;

(c) A provision that no charge shall be made to or shall be payable by

the state during the pendency of such agreement for the expense of

maintaining parole violators pursuant to section two hundred

fifty-nine-i of the executive law, for the expense of maintaining coram

nobis prisoners pursuant to section six hundred one-b of this chapter,

or for the expense of maintaining felony prisoners pursuant to section

six hundred one-c of this chapter;

(d) A provision, approved by the state comptroller, for reimbursement

of the state department of corrections and community supervision by the

locality for expenses incurred under subdivision two or three of section

one hundred twenty-five of this chapter relating to clothing, money and

transportation furnished upon release or discharge of incarcerated

individuals delivered to the state department of corrections and

community supervision pursuant to the agreement;

(e) Designation of the correctional facility or facilities to which

persons under sentences covered by the agreement are to be delivered;

(f) Any other provision the state commissioner of corrections and

community supervision may deem necessary or appropriate; and

(g) A provision giving either party the right to cancel the agreement

by giving the other party notice in writing, with cancellation to become

effective on such date as may be specified in such notice.

4. A copy of such agreement shall be filed with the secretary of state

and with the clerk of each court having jurisdiction to impose sentences

covered by the agreement in the county or city to which it applies.

* NB Effective September 1, 2027