N.Y. COR Law § 92 — New York Code / Act COR / Article 5 / Section 92
Effect of agreement for custody of definite sentence incarcerated individuals
Status: in_force

* § 92. Effect of agreement for custody of definite sentence\nincarcerated individuals. 1. After a copy of an agreement made under\nsection ninety-one of this article is filed with the secretary of state,\nall commitments under sentences covered by the agreement by courts in\nthe county or city to which it applies shall be deemed to be to the\ncustody of the department and shall be so construed and interpreted\nirrespective of the institution or agency to which the commitments are\nmade.\n  2. Any incarcerated individual who is serving a term of imprisonment\ncovered by the agreement imposed prior to the filing of such agreement,\nand any incarcerated individual who is under consecutive definite\nsentences of imprisonment with an aggregate term of the length covered\nby the agreement, irrespective of whether one or more of such sentences\nwas imposed prior to the filing of the agreement, may be transferred to\nthe care of the department upon request of the head of the county or\ncity institution and approval of the commissioner.\n  3. Incarcerated individuals who are deemed committed to the custody of\nthe department under subdivision one of this section, or who may be\ntransferred to the care of the department under subdivision two of this\nsection, shall be dealt with in all respects in the same manner as\nincarcerated individuals committed to the custody of the department.\n  4. In the event any such agreement is cancelled, incarcerated\nindividuals delivered to the department prior to the date of\ncancellation shall continue to serve their sentences in the custody of\nsuch department and the provisions of such agreement shall continue to\napply with respect to such incarcerated individuals. A copy of the\nnotice of cancellation shall be filed with the secretary of state and\nwith the clerks of courts in the manner provided in subdivision four of\nsection ninety-one of this article, and no incarcerated individuals\nshall be delivered to the custody of the department under such agreement\nafter the date on which such cancellation becomes effective.\n  * NB Effective until September 1, 2027\n  * § 92. Effect of agreement for custody of definite sentence\nincarcerated individuals. 1. After a copy of an agreement made under\nsection ninety-one of this article is filed with the secretary of state,\nall commitments under sentences covered by the agreement by courts in\nthe county or city to which it applies shall be deemed to be to the\ncustody of the state department of corrections and community supervision\nand shall be so construed and interpreted irrespective of the\ninstitution or agency to which the commitments are made.\n  2. Any incarcerated individual who is serving a term of imprisonment\ncovered by the agreement imposed prior to the filing of such agreement,\nand any incarcerated individual who is under consecutive definite\nsentences of imprisonment with an aggregate term of the length covered\nby the agreement, irrespective of whether one or more of such sentences\nwas imposed prior to the filing of the agreement, may be transferred to\nthe care of the state department of corrections and community\nsupervision upon request of the head of the county or city institution\nand approval of the state commissioner of corrections and community\nsupervision.\n  3. Incarcerated individuals who are deemed committed to the custody of\nthe state department of corrections and community supervision under\nsubdivision one of this section, or who may be transferred to the care\nof the state department of corrections and community supervision under\nsubdivision two of this section, shall be dealt with in all respects in\nthe same manner as incarcerated individuals committed to the custody of\nthe state department of corrections and community supervision.\n  4. In the event any such agreement is cancelled, incarcerated\nindividuals delivered to the state department of corrections and\ncommunity supervision prior to the date of cancellation shall continue\nto serve their sentences in the custody of such department and the\nprovisions of such agreement shall continue to apply with respect to\nsuch incarcerated individuals. A copy of the notice of cancellation\nshall be filed with the secretary of state and with the clerks of courts\nin the manner provided in subdivision four of section ninety-one of this\narticle, and no incarcerated individuals shall be delivered to the\ncustody of the state department of corrections and community supervision\nunder such agreement after the date on which such cancellation becomes\neffective.\n  * NB Effective September 1, 2027\n