NY Corr L § 71 (2021)
2021 New York Laws COR - Correction Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals 71 - Persons Received Into the Custody of the Department.

§ 71. Persons received into the custody of the department.   1.  * Persons  committed  to  the  custody  of the department under an indeterminate or determinate sentence of imprisonment shall be delivered to correctional facilities designated as reception centers in the  rules and  regulations  of  the department. The commissioner may designate any correctional facility as a reception center  subject,  however,  to  the following criteria:   * NB Effective until September 1, 2023   * Persons  committed  to  the  custody  of  the  department  under  an indeterminate  or  a  reformatory  sentence  of  imprisonment  shall  be delivered  to correctional facilities designated as reception centers in the rules and  regulations  of  the  department.  The  commissioner  may designate  any  correctional  facility  as  a  reception center subject, however, to the following criteria:   * NB Effective September 1, 2023  (a) Males and females shall not be received at the  same  correctional facility;  (b)  Males under the age of twenty-one at the time sentence is imposed shall not be received at the same correctional facility as males who are twenty-one or over at the time sentence is imposed.   1-a. The commissioner  shall  ensure  that  each  general  confinement facility law library has information on international offender transfers sufficient  to  inform those persons who are citizens of a treaty nation of the existence of such treaties and of the means by which such persons may initiate a request for return to the person's country of citizenship for service of the sentence  imposed.  Such  law  libraries  shall  also contain the most recent annual Amnesty International Report published by Amnesty  International  describing  the  conditions  of  prisons in each treaty nation and, to the extent practicable, other materials describing such prison conditions published by the United  Nations,  United  States Department  of  State or human rights organizations. In addition, to the extent practicable, such law libraries shall contain information  either listing each foreign country's provisions for the reduction of the terms of  confinement  for  penal  sentences  as  well  as the availability of incarcerated individual programs or, shall contain a list  of  officials in the United States Department of Justice or the embassy of the foreign country to whom an incarcerated individual may write for information. To the  extent practicable, newly received incarcerated individuals who are identified as foreign nationals of treaty nations shall, as part of  the reception  process, be advised of the existence of such treaties and the possibility of the initiation of a transfer request.   1-b. The commissioner shall promulgate rules and  regulations  setting forth the procedures by which an incarcerated individual may apply to be considered  for  transfer  to a foreign nation. The commissioner, or his designee, shall  retain  sole  and  absolute  authority  to  approve  or disapprove   an  incarcerated  individual's  application  for  transfer. Nothing herein  shall  be  construed  to  confer  upon  an  incarcerated individual   a   right   to  be  a  transferred  to  a  foreign  nation. Notwithstanding any other law, rule or regulation to  the  contrary,  no inmate   application   for   transfer  shall  be  processed  unless  the incarcerated individual has first indicated his willingness  and  desire in  writing,  on a form prescribed by the commissioner, to be considered for transfer to the foreign nation. Such form shall also contain a  copy of  the  incarcerated  individual's  most  recent legal date computation printout  indicating  the  term  or  aggregate  term  of  the   sentence originally  imposed  and  the  release  dates  resulting therefrom. If a request for transfer is approved by the commissioner  or  his  designee, facility  staff  shall  assist  in the preparation and submission of all  materials and forms necessary to effectuate  the  person's  request  for transfer  to  the  United  States  Department of Justice for purposes of finalization of the transfer process, including verification proceedings before a United States District Court Judge, United States magistrate or other  appointed  United  States  official  to  assure  and document the incarcerated individual's voluntary request for transfer.   1-c. For purposes of this section, the term "treaty  nation"  means  a foreign country under treaty that provides for the voluntary transfer of persons  on  the  execution  of  penal  sentences  entered  into  by the government of the United States with foreign countries.   2. Persons returned to the custody of  the  department  as  parole  or conditional   release  violators  shall  be  delivered  to  institutions designated in the rules and regulations of the department.   3. Persons who are committed, transferred, certified to or  placed  in the  care  or  custody  of  the department as mental defectives shall be delivered to a special institution maintained for the  care,  treatment, training  and  custody  of  mental defectives in accordance with article seventeen of this chapter.   4. Persons who are committed, transferred, certified to or  placed  in the  care  or  custody  of  the  department  while mentally ill shall be delivered to a special institution maintained for  the  care,  treatment and  custody  of  the mentally ill in accordance with article sixteen of this chapter.   5. The commissioner of correction shall file copies of written  orders with  the  clerk  of each court having jurisdiction to commit persons to the custody of the department  designating  the  institutions  to  which persons  committed  by such court shall be delivered. Such orders may be amended or superseded by the commissioner from  time  to  time  and  any change  shall  become effective immediately upon receipt by the clerk of the court.   6. A commitment to a specified institution in the  department,  rather than  to  the  custody  of  the  department, which is valid in all other respects shall not be void  for  such  reason  but  shall  be  deemed  a commitment  to the custody of the department and the person so committed shall be conveyed to  the  proper  institution  as  prescribed  by  this section.   7.   Whenever  the  department  receives  information  that  a  person committed to the  department  is  a  social  services  recipient  and  a certificate  of  conviction and the term of the sentence imposed has not previously  been  delivered  by  the  sentencing  court  to  the   local commissioner  of  social  services  pursuant  to  section  380.80 of the criminal procedure law, the department shall deliver the certificate  of conviction  and  provide  notification  of  the  sentence imposed to the commissioner of social services. Such  commissioner  shall  deliver  the certificate  of  conviction  and  the  term  of  sentence imposed to the appropriate local commissioner of social services.   8. (a) In each year in which the federal decennial census is taken but in which the United States bureau of the census  does  not  implement  a policy   of   reporting  incarcerated  persons  at  each  such  person's residential  address  prior  to   incarceration,   the   department   of corrections  and  community supervision shall by September first of that same year deliver to the legislative task force on demographic  research and  reapportionment  the  following  information  for each incarcerated person subject to the jurisdiction of the department and located in this state on the date for which the decennial census reports population:  (i) A unique identifier, not including the name, for each such person;  (ii) The street address of the correctional  facility  in  which  such person was incarcerated at the time of such report;  (iii)  The  residential  address of such person prior to incarceration (if any); and  (iv) Any additional information as the task force may specify pursuant to law.  (b)   The  department  shall  provide  the  information  specified  in paragraph (a) of this subdivision in such form as the  legislative  task force on demographic research and reapportionment shall specify.