N.Y. Correction Law § 92: Effect of agreement for custody of definite sentence incarcerated individuals

* § 92. Effect of agreement for custody of definite sentence

incarcerated individuals. 1. After a copy of an agreement made under

section ninety-one of this article is filed with the secretary of state,

all commitments under sentences covered by the agreement by courts in

the county or city to which it applies shall be deemed to be to the

custody of the department and shall be so construed and interpreted

irrespective of the institution or agency to which the commitments are

made.

2. Any incarcerated individual who is serving a term of imprisonment

covered by the agreement imposed prior to the filing of such agreement,

and any incarcerated individual who is under consecutive definite

sentences of imprisonment with an aggregate term of the length covered

by the agreement, irrespective of whether one or more of such sentences

was imposed prior to the filing of the agreement, may be transferred to

the care of the department upon request of the head of the county or

city institution and approval of the commissioner.

3. Incarcerated individuals who are deemed committed to the custody of

the department under subdivision one of this section, or who may be

transferred to the care of the department under subdivision two of this

section, shall be dealt with in all respects in the same manner as

incarcerated individuals committed to the custody of the department.

4. In the event any such agreement is cancelled, incarcerated

individuals delivered to the department prior to the date of

cancellation shall continue to serve their sentences in the custody of

such department and the provisions of such agreement shall continue to

apply with respect to such incarcerated individuals. A copy of the

notice of cancellation shall be filed with the secretary of state and

with the clerks of courts in the manner provided in subdivision four of

section ninety-one of this article, and no incarcerated individuals

shall be delivered to the custody of the department under such agreement

after the date on which such cancellation becomes effective.

* NB Effective until September 1, 2027

* § 92. Effect of agreement for custody of definite sentence

incarcerated individuals. 1. After a copy of an agreement made under

section ninety-one of this article is filed with the secretary of state,

all commitments under sentences covered by the agreement by courts in

the county or city to which it applies shall be deemed to be to the

custody of the state department of corrections and community supervision

and shall be so construed and interpreted irrespective of the

institution or agency to which the commitments are made.

2. Any incarcerated individual who is serving a term of imprisonment

covered by the agreement imposed prior to the filing of such agreement,

and any incarcerated individual who is under consecutive definite

sentences of imprisonment with an aggregate term of the length covered

by the agreement, irrespective of whether one or more of such sentences

was imposed prior to the filing of the agreement, may be transferred to

the care of the state department of corrections and community

supervision upon request of the head of the county or city institution

and approval of the state commissioner of corrections and community

supervision.

3. Incarcerated individuals who are deemed committed to the custody of

the state department of corrections and community supervision under

subdivision one of this section, or who may be transferred to the care

of the state department of corrections and community supervision under

subdivision two of this section, shall be dealt with in all respects in

the same manner as incarcerated individuals committed to the custody of

the state department of corrections and community supervision.

4. In the event any such agreement is cancelled, incarcerated

individuals delivered to the state department of corrections and

community supervision prior to the date of cancellation shall continue

to serve their sentences in the custody of such department and the

provisions of such agreement shall continue to apply with respect to

such incarcerated individuals. A copy of the notice of cancellation

shall be filed with the secretary of state and with the clerks of courts

in the manner provided in subdivision four of section ninety-one of this

article, and no incarcerated individuals shall be delivered to the

custody of the state department of corrections and community supervision

under such agreement after the date on which such cancellation becomes

effective.

* NB Effective September 1, 2027