2023 New York Laws › CVR - Civil Rights › Article 7 - Miscellaneous Rights and Immunities › 79-A - Consequence of Sentence to Imprisonment for Life.

§  79-a.  Consequence of sentence to imprisonment for life.  1. Except
as provided in  subdivisions  two  and  three,  a  person  sentenced  to
imprisonment  for life is thereafter deemed civilly dead; provided, that
such a person may marry while on community supervision, or after  he  or
she has been discharged from community supervision, if otherwise capable
of  contracting a valid marriage. A marriage contracted pursuant to this
section by a person while he or she is on community supervision, without
prior written approval of the commissioner of corrections and  community
supervision,   shall   be   ground   for  revocation  of  the  community
supervision. This section shall not be deemed to impair the validity  of
a  marriage  between a person sentenced to imprisonment for life and his
or her spouse.
2. A sentence to imprisonment for life shall not be deemed to  suspend
the  right or capacity of any person so sentenced to commence, prosecute
or defend an action or proceeding in any  court  within  this  state  or
before   a  body  or  officer  exercising  judicial,  quasi-judicial  or
administrative functions within  this  state;  provided,  however,  that
where  at  the  time  of  the commencement and during the prosecution or
defense of such action or proceeding  such  person  is  an  incarcerated
individual  of  a  state  correctional  institution, he or she shall not
appear at any place other than within the institution  for  any  purpose
related  to  such  action or proceeding unless upon a subpoena issued by
the court before whom such action or proceeding  is  pending  or,  where
such  action or proceeding is pending before a body or officer, before a
judge to  whom  a  petition  for  habeas  corpus  could  be  made  under
subdivision  (b) of section seven thousand two of the civil practice law
and rules upon motion of any party and upon a  determination  that  such
person's  appearance  is essential to the proper and just disposition of
the action or proceeding. Unless the court orders  otherwise,  a  motion
for  such  subpoena  shall  be  made on at least two days' notice to the
commissioner of corrections and community supervision.
3. (a) Except as provided in paragraph (b) of  this  subdivision,  the
state  shall  not  be  liable  for any expense of or related to any such
action or proceeding, including but not limited to  the  expense  of  or
related  to  transporting  the incarcerated individual to, or lodging or
guarding him or her at any place other  than  in  a  state  correctional
institution.  The  department  of  corrections and community supervision
shall not be required to perform any services related to such action  or
proceeding,  including  but not limited to transporting the incarcerated
individual to or lodging or guarding him or her at any place other  than
a  state  correctional  institution  unless and until the department has
received payment for such services.
(b) Where the incarcerated individual is permitted in accordance  with
any  other law to proceed with the action or proceeding as a poor person
the expense of transporting the incarcerated individual to,  or  lodging
or  guarding  him or her at any place other than in a state correctional
institution or any other expense  relating  thereto  shall  be  a  state
charge;  provided,  however,  that  where an incarcerated individual has
been granted such permission and a recovery by judgment or by settlement
is had in his or her favor, the court may direct him or her to  pay  out
of the recovery all or part of any sum expended by the state.
4.  This section shall not apply to a person sentenced to imprisonment
for an indeterminate term, having a minimum of one day and a maximum  of
his natural life.
Nothing  in this section shall be deemed to preclude the issuance of a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law to a  person  who
previously has been sentenced to imprisonment for life.