NY Corr L § 92 (2021)
2021 New York Laws COR - Correction Article 5 - Coordinated Use of State and Local Correctional Institutions 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, 2023* §   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, 2023