N.Y. PEN Law § 70.20 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.20
Place of imprisonment
Status: in_force

§ 70.20 Place of imprisonment.\n  * 1. (a) Indeterminate or determinate sentence. Except as provided in\nsubdivision four of this section, when an indeterminate or determinate\nsentence of imprisonment is imposed, the court shall commit the\ndefendant to the custody of the state department of corrections and\ncommunity supervision for the term of his or her sentence and until\nreleased in accordance with the law; provided, however, that a defendant\nsentenced pursuant to subdivision seven of section 70.06 shall be\ncommitted to the custody of the state department of corrections and\ncommunity supervision for immediate delivery to a reception center\noperated by the department.\n  (b) The court in committing a defendant who is not yet eighteen years\nof age to the department of corrections and community supervision shall\ninquire as to whether the parents or legal guardian of the defendant, if\npresent, will grant to the minor the capacity to consent to routine\nmedical, dental and mental health services and treatment.\n  (c) Notwithstanding paragraph (b) of this subdivision, where the court\ncommits a defendant who is not yet eighteen years of age to the custody\nof the department of corrections and community supervision in accordance\nwith this section and no medical consent has been obtained prior to said\ncommitment, the commitment order shall be deemed to grant the capacity\nto consent to routine medical, dental and mental health services and\ntreatment to the person so committed.\n  (d) Nothing in this subdivision shall preclude a parent or legal\nguardian of an incarcerated individual who is not yet eighteen years of\nage from making a motion on notice to the department of corrections and\ncommunity supervision pursuant to article twenty-two of the civil\npractice law and rules and section one hundred forty of the correction\nlaw, objecting to routine medical, dental or mental health services and\ntreatment being provided to such incarcerated individual under the\nprovisions of paragraph (b) of this subdivision.\n  (e) Nothing in this section shall require that consent be obtained\nfrom the parent or legal guardian, where no consent is necessary or\nwhere the defendant is authorized by law to consent on his or her own\nbehalf to any medical, dental, and mental health service or treatment.\n  * NB Effective until September 1, 2027\n  * 1. (a) Indeterminate sentence. Except as provided in subdivision\nfour of this section, when an indeterminate sentence of imprisonment is\nimposed, the court shall commit the defendant to the custody of the\nstate department of corrections and community supervision for the term\nof his or her sentence and until released in accordance with the law.\n  (b) The court in committing a defendant who is not yet eighteen years\nof age to the department of corrections and community supervision shall\ninquire as to whether the parents or legal guardian of the defendant, if\npresent, will grant to the minor the capacity to consent to routine\nmedical, dental and mental health services and treatment.\n  (c) Notwithstanding paragraph (b) of this subdivision, where the court\ncommits a defendant who is not yet eighteen years of age to the custody\nof the department of corrections and community supervision in accordance\nwith this section and no medical consent has been obtained prior to said\ncommitment, the commitment order shall be deemed to grant the capacity\nto consent to routine medical, dental and mental health services and\ntreatment to the person so committed.\n  (d) Nothing in this subdivision shall preclude a parent or legal\nguardian of an incarcerated individual who is not yet eighteen years of\nage from making a motion on notice to the department of corrections and\ncommunity supervision pursuant to article twenty-two of the civil\npractice law and rules and section one hundred forty of the correction\nlaw, objecting to routine medical, dental or mental health services and\ntreatment being provided to such incarcerated individual under the\nprovisions of paragraph (b) of this subdivision.\n  (e) Nothing in this section shall require that consent be obtained\nfrom the parent or legal guardian, where no consent is necessary or\nwhere the defendant is authorized by law to consent on his or her own\nbehalf to any medical, dental, and mental health service or treatment.\n  * NB Effective September 1, 2027\n  2. Definite sentence. Except as provided in subdivision four of this\nsection, when a definite sentence of imprisonment is imposed, the court\nshall commit the defendant to the county or regional correctional\ninstitution for the term of his sentence and until released in\naccordance with the law.\n  2-a. Sentence of life imprisonment without parole. When a sentence of\nlife imprisonment without parole is imposed, the court shall commit the\ndefendant to the custody of the state department of corrections and\ncommunity supervision for the remainder of the life of the defendant.\n  * 3. Undischarged imprisonment in other jurisdiction. When a defendant\nwho is subject to an undischarged term of imprisonment, imposed at a\nprevious time by a court of another jurisdiction, is sentenced to an\nadditional term or terms of imprisonment by a court of this state to run\nconcurrently with such undischarged term, as provided in subdivision\nfour of section 70.25, the return of the defendant to the custody of the\nappropriate official of the other jurisdiction shall be deemed a\ncommitment for such portion of the term or terms of the sentence imposed\nby the court of this state as shall not exceed the said undischarged\nterm. The defendant shall be committed to the custody of the state\ndepartment of corrections and community supervision if the additional\nterm or terms are indeterminate or determinate or to the appropriate\ncounty or regional correctional institution if the said term or terms\nare definite for such portion of the term or terms of the sentence\nimposed as shall exceed such undischarged term or until released in\naccordance with law. If such additional term or terms imposed shall run\nconsecutively to the said undischarged term, the defendant shall be\ncommitted as provided in subdivisions one and two of this section.\n  * NB Effective until September 1, 2027\n  * 3. Undischarged imprisonment in other jurisdiction. When a defendant\nwho is subject to an undischarged term of imprisonment, imposed at a\nprevious time by a court of another jurisdiction, is sentenced to an\nadditional term or terms of imprisonment by a court of this state to run\nconcurrently with such undischarged term, as provided in subdivision\nfour of section 70.25, the return of the defendant to the custody of the\nappropriate official of the other jurisdiction shall be deemed a\ncommitment for such portion of the term or terms of the sentence imposed\nby the court of this state as shall not exceed the said undischarged\nterm. The defendant shall be committed to the custody of the state\ndepartment of corrections and community supervision if the additional\nterm or terms are indeterminate or to the appropriate county or regional\ncorrectional institution if the said term or terms are definite for such\nportion of the term or terms of the sentence imposed as shall exceed\nsuch undischarged term or until released in accordance with law. If such\nadditional term or terms imposed shall run consecutively to the said\nundischarged term, the defendant shall be committed as provided in\nsubdivisions one and two of this section.\n  * NB Effective September 1, 2027\n  4. (a) Notwithstanding any other provision of law to the contrary, a\njuvenile offender, adolescent offender, or a juvenile offender or\nadolescent offender who is adjudicated a youthful offender, who is given\nan indeterminate, determinate or a definite sentence, and who is under\nthe age of twenty-one at the time of sentencing, shall be committed to\nthe custody of the commissioner of the office of children and family\nservices who shall arrange for the confinement of such offender in\nsecure facilities of the office; provided, however if an adolescent\noffender who committed a crime on or after the youth's sixteenth\nbirthday receives a definite sentence not exceeding one year, the judge\nmay order that the adolescent offender serve such sentence in a\nspecialized secure juvenile detention facility for older youth certified\nby the office of children and family services in conjunction with the\nstate commission of correction and operated pursuant to section two\nhundred eighteen-a of the county law. The release or transfer of such\njuvenile offenders or adolescent offenders from the office of children\nand family services shall be governed by section five hundred eight of\nthe executive law.\n  (a-2) Notwithstanding any other provision of law to the contrary, a\nperson sixteen years of age who commits a vehicle and traffic law\noffense that does not constitute an adolescent offender offense on or\nafter October first, two thousand eighteen and a person seventeen years\nof age who commits such an offense on or after October first, two\nthousand nineteen who is sentenced to a term of imprisonment who is\nunder the age of twenty-one at the time he or she is sentenced shall be\ncommitted to a specialized secure detention facility for older youth\ncertified by the office of children and family services in conjunction\nwith the state commission of correction.\n  (b) The court in committing a juvenile offender and youthful offender\nto the custody of the office of children and family services shall\ninquire as to whether the parents or legal guardian of the youth, if\npresent, will consent for the office of children and family services to\nprovide routine medical, dental and mental health services and\ntreatment.\n  (c) Notwithstanding paragraph (b) of this subdivision, where the court\ncommits an offender to the custody of the office of children and family\nservices in accordance with this section and no medical consent has been\nobtained prior to said commitment, the commitment order shall be deemed\nto grant consent for the office of children and family services to\nprovide for routine medical, dental and mental health services and\ntreatment to the offender so committed.\n  (d) Nothing in this subdivision shall preclude a parent or legal\nguardian of an offender who is not yet eighteen years of age from making\na motion on notice to the office of children and family services\npursuant to article twenty-two of the civil practice law and rules\nobjecting to routine medical, dental or mental health services and\ntreatment being provided to such offender under the provisions of\nparagraph (b) of this subdivision.\n  (e) Nothing in this section shall require that consent be obtained\nfrom the parent or legal guardian, where no consent is necessary or\nwhere the offender is authorized by law to consent on his or her own\nbehalf to any medical, dental and mental health service or treatment.\n  5. Subject to regulations of the department of health, routine\nmedical, dental and mental health services and treatment is defined for\nthe purposes of this section to mean any routine diagnosis or treatment,\nincluding without limitation the administration of medications or\nnutrition, the extraction of bodily fluids for analysis, and dental care\nperformed with a local anesthetic. Routine mental health treatment shall\nnot include psychiatric administration of medication unless it is part\nof an ongoing mental health plan or unless it is otherwise authorized by\nlaw.\n