N.Y. Penal Law § 70.20: Place of imprisonment

§ 70.20 Place of imprisonment.

* 1. (a) Indeterminate or determinate sentence. Except as provided in

subdivision four of this section, when an indeterminate or determinate

sentence of imprisonment is imposed, the court shall commit the

defendant to the custody of the state department of corrections and

community supervision for the term of his or her sentence and until

released in accordance with the law; provided, however, that a defendant

sentenced pursuant to subdivision seven of section 70.06 shall be

committed to the custody of the state department of corrections and

community supervision for immediate delivery to a reception center

operated by the department.

(b) The court in committing a defendant who is not yet eighteen years

of age to the department of corrections and community supervision shall

inquire as to whether the parents or legal guardian of the defendant, if

present, will grant to the minor the capacity to consent to routine

medical, dental and mental health services and treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court

commits a defendant who is not yet eighteen years of age to the custody

of the department of corrections and community supervision in accordance

with this section and no medical consent has been obtained prior to said

commitment, the commitment order shall be deemed to grant the capacity

to consent to routine medical, dental and mental health services and

treatment to the person so committed.

(d) Nothing in this subdivision shall preclude a parent or legal

guardian of an incarcerated individual who is not yet eighteen years of

age from making a motion on notice to the department of corrections and

community supervision pursuant to article twenty-two of the civil

practice law and rules and section one hundred forty of the correction

law, objecting to routine medical, dental or mental health services and

treatment being provided to such incarcerated individual under the

provisions of paragraph (b) of this subdivision.

(e) Nothing in this section shall require that consent be obtained

from the parent or legal guardian, where no consent is necessary or

where the defendant is authorized by law to consent on his or her own

behalf to any medical, dental, and mental health service or treatment.

* NB Effective until September 1, 2027

* 1. (a) Indeterminate sentence. Except as provided in subdivision

four of this section, when an indeterminate sentence of imprisonment is

imposed, the court shall commit the defendant to the custody of the

state department of corrections and community supervision for the term

of his or her sentence and until released in accordance with the law.

(b) The court in committing a defendant who is not yet eighteen years

of age to the department of corrections and community supervision shall

inquire as to whether the parents or legal guardian of the defendant, if

present, will grant to the minor the capacity to consent to routine

medical, dental and mental health services and treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court

commits a defendant who is not yet eighteen years of age to the custody

of the department of corrections and community supervision in accordance

with this section and no medical consent has been obtained prior to said

commitment, the commitment order shall be deemed to grant the capacity

to consent to routine medical, dental and mental health services and

treatment to the person so committed.

(d) Nothing in this subdivision shall preclude a parent or legal

guardian of an incarcerated individual who is not yet eighteen years of

age from making a motion on notice to the department of corrections and

community supervision pursuant to article twenty-two of the civil

practice law and rules and section one hundred forty of the correction

law, objecting to routine medical, dental or mental health services and

treatment being provided to such incarcerated individual under the

provisions of paragraph (b) of this subdivision.

(e) Nothing in this section shall require that consent be obtained

from the parent or legal guardian, where no consent is necessary or

where the defendant is authorized by law to consent on his or her own

behalf to any medical, dental, and mental health service or treatment.

* NB Effective September 1, 2027

2. Definite sentence. Except as provided in subdivision four of this

section, when a definite sentence of imprisonment is imposed, the court

shall commit the defendant to the county or regional correctional

institution for the term of his sentence and until released in

accordance with the law.

2-a. Sentence of life imprisonment without parole. When a sentence of

life imprisonment without parole is imposed, the court shall commit the

defendant to the custody of the state department of corrections and

community supervision for the remainder of the life of the defendant.

* 3. Undischarged imprisonment in other jurisdiction. When a defendant

who is subject to an undischarged term of imprisonment, imposed at a

previous time by a court of another jurisdiction, is sentenced to an

additional term or terms of imprisonment by a court of this state to run

concurrently with such undischarged term, as provided in subdivision

four of section 70.25, the return of the defendant to the custody of the

appropriate official of the other jurisdiction shall be deemed a

commitment for such portion of the term or terms of the sentence imposed

by the court of this state as shall not exceed the said undischarged

term. The defendant shall be committed to the custody of the state

department of corrections and community supervision if the additional

term or terms are indeterminate or determinate or to the appropriate

county or regional correctional institution if the said term or terms

are definite for such portion of the term or terms of the sentence

imposed as shall exceed such undischarged term or until released in

accordance with law. If such additional term or terms imposed shall run

consecutively to the said undischarged term, the defendant shall be

committed as provided in subdivisions one and two of this section.

* NB Effective until September 1, 2027

* 3. Undischarged imprisonment in other jurisdiction. When a defendant

who is subject to an undischarged term of imprisonment, imposed at a

previous time by a court of another jurisdiction, is sentenced to an

additional term or terms of imprisonment by a court of this state to run

concurrently with such undischarged term, as provided in subdivision

four of section 70.25, the return of the defendant to the custody of the

appropriate official of the other jurisdiction shall be deemed a

commitment for such portion of the term or terms of the sentence imposed

by the court of this state as shall not exceed the said undischarged

term. The defendant shall be committed to the custody of the state

department of corrections and community supervision if the additional

term or terms are indeterminate or to the appropriate county or regional

correctional institution if the said term or terms are definite for such

portion of the term or terms of the sentence imposed as shall exceed

such undischarged term or until released in accordance with law. If such

additional term or terms imposed shall run consecutively to the said

undischarged term, the defendant shall be committed as provided in

subdivisions one and two of this section.

* NB Effective September 1, 2027

4. (a) Notwithstanding any other provision of law to the contrary, a

juvenile offender, adolescent offender, or a juvenile offender or

adolescent offender who is adjudicated a youthful offender, who is given

an indeterminate, determinate or a definite sentence, and who is under

the age of twenty-one at the time of sentencing, shall be committed to

the custody of the commissioner of the office of children and family

services who shall arrange for the confinement of such offender in

secure facilities of the office; provided, however if an adolescent

offender who committed a crime on or after the youth's sixteenth

birthday receives a definite sentence not exceeding one year, the judge

may order that the adolescent offender serve such sentence in a

specialized secure juvenile detention facility for older youth certified

by the office of children and family services in conjunction with the

state commission of correction and operated pursuant to section two

hundred eighteen-a of the county law. The release or transfer of such

juvenile offenders or adolescent offenders from the office of children

and family services shall be governed by section five hundred eight of

the executive law.

(a-2) Notwithstanding any other provision of law to the contrary, a

person sixteen years of age who commits a vehicle and traffic law

offense that does not constitute an adolescent offender offense on or

after October first, two thousand eighteen and a person seventeen years

of age who commits such an offense on or after October first, two

thousand nineteen who is sentenced to a term of imprisonment who is

under the age of twenty-one at the time he or she is sentenced shall be

committed to a specialized secure detention facility for older youth

certified by the office of children and family services in conjunction

with the state commission of correction.

(b) The court in committing a juvenile offender and youthful offender

to the custody of the office of children and family services shall

inquire as to whether the parents or legal guardian of the youth, if

present, will consent for the office of children and family services to

provide routine medical, dental and mental health services and

treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court

commits an offender to the custody of the office of children and family

services in accordance with this section and no medical consent has been

obtained prior to said commitment, the commitment order shall be deemed

to grant consent for the office of children and family services to

provide for routine medical, dental and mental health services and

treatment to the offender so committed.

(d) Nothing in this subdivision shall preclude a parent or legal

guardian of an offender who is not yet eighteen years of age from making

a motion on notice to the office of children and family services

pursuant to article twenty-two of the civil practice law and rules

objecting to routine medical, dental or mental health services and

treatment being provided to such offender under the provisions of

paragraph (b) of this subdivision.

(e) Nothing in this section shall require that consent be obtained

from the parent or legal guardian, where no consent is necessary or

where the offender is authorized by law to consent on his or her own

behalf to any medical, dental and mental health service or treatment.

5. Subject to regulations of the department of health, routine

medical, dental and mental health services and treatment is defined for

the purposes of this section to mean any routine diagnosis or treatment,

including without limitation the administration of medications or

nutrition, the extraction of bodily fluids for analysis, and dental care

performed with a local anesthetic. Routine mental health treatment shall

not include psychiatric administration of medication unless it is part

of an ongoing mental health plan or unless it is otherwise authorized by

law.