NY Corr L § 500-C (2021)
2021 New York Laws COR - Correction Article 20 - Local Correctional Facilities 500-C - Custody and Control of Prisoners.

* §  500-c. Custody and control of prisoners. 1. Except as provided in   subdivision two of this section, the sheriff of each county  shall  have   custody of the county jail of such county.2.  In the counties within the city of New York, the city commissioner   of correction shall have custody of the correctional  facilities  within   the  jurisdiction  of the New York city department of correction. In the   county of Westchester, the county commissioner of correction shall  have   custody of all county correctional facilities.3.  Whenever a person is committed to the custody of the sheriff, such   commitment shall be deemed to be to the custody of the person designated   in subdivisions one and two of this section hereinafter referred  to  as   the chief administrative officer.4.  The  chief administrative officer shall receive and safely keep in   the county jail of his county each  person  lawfully  committed  to  his   custody  pursuant  to the provisions of sections five hundred-a and five   hundred four of this article and any other applicable provisions of law.   Such officer shall not  be  held  personally  liable  for  receiving  or   detaining any person under and in accordance with a commitment issued by   a judicial officer; nor shall he, without lawful authority, let any such   person out of jail.5. All persons confined in a county jail or penitentiary shall, as far   as  practicable, be allowed to converse with their counsel, or religious   advisor, under such reasonable regulations and restrictions as the chief   administrative officer may fix. The  chief  administrative  officer  may   prevent all other conversation by any prisoner in the jail when he shall   deem it necessary and proper.6.  Notwithstanding  any  other  provision  of  law,  in the county of   Onondaga all of the provisions of this section shall  equally  apply  in   any  case  where  the  sheriff  is  holding  a  person under arrest, for   arraignment, prior to commitment, as if such person had been  judicially   committed  to  the custody of the sheriff and such person may be held in   the Onondaga county jail.7. A sheriff, the New York city commissioner  of  correction,  or  the   Westchester county commissioner of correction, as the case may be, shall   maintain  an  institutional  fund  account  on  behalf of every lawfully   sentenced incarcerated individual or prisoner in his or her custody  and   shall  for the benefit of the person make deposits into said accounts of   any prisoner funds. As used in this section, the term  "prisoner  funds"   means  (i)  funds  in  the  possession  of  the  prisoner at the time of   admission into the institution; (ii)  funds  earned  by  a  prisoner  as   provided  in section one hundred eighty-seven of this chapter; and (iii)   any other funds received by or on behalf of the prisoner  and  deposited   with  such  sheriff or municipal official in accordance with the written   procedures established by the commission. Whenever the  total  value  of   unencumbered funds in a prisoner's account exceeds ten thousand dollars,   such  sheriff  or  official  shall  give written notice to the office of   victim services.8. A sheriff, the New York city commissioner  of  correction,  or  the   Westchester county commissioner of correction, as the case may be, shall   provide  written  notice  to  all  incarcerated  individuals  serving  a   definite sentence for a specified crime  defined  in  paragraph  (e)  of   subdivision one of section six hundred thirty-two-a of the executive law   who  may be subject to any requirement to report to the office of victim   services any funds of a convicted  person  as  defined  in  section  six   hundred  thirty-two-a  of  the  executive  law,  the procedures for such   reporting and any potential penalty for a failure to comply.9. Notwithstanding any other provision of law, in the county  of  Erie   all  of  the  provisions of this section shall equally apply in any case    where the sheriff is holding a  person  under  arrest  for  arraignment,   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person  may  be  held  in  the  Erie   county holding center or the Erie county correctional facility.10. Notwithstanding any other provision of law, in the county of Yates   all  of  the  provisions of this section shall equally apply in any case   where the sheriff is holding a  person  under  arrest  for  arraignment,   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may  be  held  in  the  Yates   county jail.** 11.  Notwithstanding  any  other provision of law, in the county of   Cortland, all of the provisions of this section shall equally  apply  in   any  case  where  the  sheriff  is  holding  a  person  under arrest for   arraignment, prior to commitment, as if such person had been  judicially   committed to the custody of the sheriff.** NB There are 2 sb 11's** 11.  Notwithstanding  any  other provision of law, in the county of   Putnam, all of the provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for arraignment,   prior to commitment, as if such person had been judicially committed  to   the  custody  of  the  sheriff and such person may be held in the Putnam   county jail.** NB There are 2 sb 11's12. Notwithstanding any other provision  of  law,  in  the  county  of   Warren  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be  held  in  the  Warren   county jail.** 13.  Notwithstanding  any  other provision of law, in the county of   Niagara, all of the provisions of this section shall  equally  apply  in   any  case  where  the  sheriff  is  holding  a  person  under arrest for   arraignment, prior to commitment, as if such person had been  judicially   committed  to  the custody of the sheriff and such person may be held in   the Niagara county jail.** NB There are 2 sb 13's** 13. Notwithstanding any other provision of law, in  the  county  of   Genesee  all  the  provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be held  in  the  Genesee   county jail.** NB There are 2 sb 13's14.  Notwithstanding  any  other  provision  of  law, in the county of   Allegany all the provisions of this section shall equally apply  in  any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person had been judicially committed  to   the  custody  of the sheriff and such person may be held in the Allegany   county correctional facility.15. Notwithstanding any other provision  of  law,  in  the  county  of   Seneca  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be  held  in  the  Seneca   county correctional facility.** 16.  Notwithstanding  any  other provision of law, in the county of   Montgomery all the provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment    prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be held in the Montgomery   county correctional facility.** NB There are 2 sb 16's** 16.  Notwithstanding  any  other provision of law, in the county of   Chautauqua all the provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person has been judicially committed to   the custody of the sheriff and such person may be held in the Chautauqua   county correctional facility.** NB There are 2 sb 16's17. Notwithstanding any other provision  of  law,  in  the  county  of   Ontario  all  the  provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person has been judicially committed to   the custody of the sheriff and such person may be held  in  the  Ontario   county correctional facility.18.  Notwithstanding  any  other  provision  of  law, in the county of   Albany, all the provisions of this section shall equally  apply  in  any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person has been judicially committed  to   the  custody  of  the  sheriff and such person may be held in the Albany   county correctional facility.19. Notwithstanding any other provision  of  law,  in  the  county  of   Jefferson, all the provisions of this section shall equally apply in any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person has been judicially committed  to   the  custody of the sheriff and such person may be held in the Jefferson   county correctional facility.** 20. Notwithstanding any other provision of law, in  the  county  of   Livingston  all  provisions  of  this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be held in the Livingston   county correctional facility.** NB There are 2 sb 20's** 20. Notwithstanding any other provision of law, in  the  county  of   Schenectady  all  the  provisions of this section shall equally apply in   any case where  the  sheriff  is  holding  a  person  under  arrest  for   arraignment  prior  to commitment, as if such person had been judicially   committed to the custody of the sheriff and such person may be  held  in   the Schenectady county correctional facility.** NB There are 2 sb 20's** 21.  Notwithstanding  any  other provision of law, in the county of   Washington all the provisions of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be held in the Washington   county correctional facility.** NB There are 3 sb 21's** 21. Notwithstanding any other provision of law, in  the  county  of   Fulton  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be  held  in  the  Fulton   county correctional facility.** NB There are 3 sb 21's ** 21.  Notwithstanding  any  other provision of law, in the county of   Orleans all the provisions of this section shall equally  apply  in  any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person had been judicially committed  to   the  custody  of  the sheriff and such person may be held in the Orleans   county jail.** NB There are 3 sb 21's22. Notwithstanding any other provision of law, in the county of Essex   all the provisions of this section shall equally apply in any case where   the sheriff is holding a person under arrest for  arraignment  prior  to   commitment,  as  if  such  person  had  been judicially committed to the   custody of the sheriff and such person may be held in the  Essex  county   correctional facility.23.  Notwithstanding  any  other  provision  of  law, in the county of   Oneida, all the provisions of this section shall equally  apply  in  any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person has been judicially committed  to   the  custody  of  the  sheriff and such person may be held in the Oneida   county correctional facility.24. Notwithstanding any other provision  of  law,  in  the  county  of   Otsego  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be  held  in  the  Otsego   county jail.** 25.  Notwithstanding  any  other provision of law, in the county of   Steuben, all the provisions of this section shall equally apply  in  any   case  where the sheriff is holding a person under arrest for arraignment   prior to commitment, as if such person has been judicially committed  to   the  custody  of  the sheriff and such person may be held in the Steuben   county correctional facility.** NB There are 4 sb 25's** 25. Notwithstanding any other provision of law, in  the  county  of   Wayne,  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may  be  held  in  the  Wayne   county correctional facility.** NB There are 4 sb 25's** 25.  Notwithstanding  any  other provision of law, in the county of   Tioga all the provisions of this section shall equally apply in any case   where the sheriff is holding a person under arrest for arraignment prior   to commitment, as if such person had been judicially  committed  to  the   custody  of  the sheriff and such person may be held in the Tioga county   correctional facility.** NB There are 4 sb 25's** 25. Notwithstanding any other provision of law, in  the  county  of   Broome  all  the  provisions  of this section shall equally apply in any   case where the sheriff is holding a person under arrest for  arraignment   prior  to commitment, as if such person had been judicially committed to   the custody of the sheriff and such person may be  held  in  the  Broome   county correctional facility.** NB There are 4 sb 25's26.  Notwithstanding  any  other  provision  of  law,  where the chief   administrator of the courts establishes an off-hours arraignment part in   a county in accordance with paragraph (w) of subdivision one of  section   two  hundred  twelve  of  the  judiciary law, all the provisions of this   section shall equally apply in any case where the sheriff is  holding  a    person  who  is  eighteen  years  of  age  or older and under arrest for   arraignment prior to commitment, as if such person had  been  judicially   committed  to  the custody of the sheriff and such person may be held in   such county correctional facility.* NB Repealed September 1, 2023