2023 New York Laws › COR - Correction › Article 22 - Miscellaneous Provisions › 601 - Delivery of Commitment With Incarcerated Individual; Payment of Fees for Transportation.

§ 601. Delivery of commitment with incarcerated individual; payment of
fees  for  transportation.    * (a)  Whenever an incarcerated individual
shall be  delivered  to  the  superintendent  of  a  state  correctional
facility  pursuant  to  an  indeterminate  or  determinate sentence, the
officer so delivering such incarcerated individual shall deliver to such
superintendent,  the  sentence  and   commitment   or   certificate   of
conviction,  or  a  certified  copy  thereof, and a copy of any order of
protection pursuant to section 380.65  of  the  criminal  procedure  law
received  by  such  officer  from  the  clerk of the court by which such
incarcerated individual shall have been sentenced, a copy of the  report
of  the  probation  officer's  investigation  and  report  or a detailed
statement covering the facts relative to the crime and previous  history
certified   by  the  district  attorney,  a  copy  of  the  incarcerated
individual's  fingerprint  records,  a  detailed  summary  of  available
medical  records,  psychiatric records and reports relating to assaults,
or other violent acts, attempts at suicide or escape by the incarcerated
individual while in the custody of the local correctional facility;  any
such  medical  or psychiatric records in the possession of a health care
provider other than the local correctional facility shall be  summarized
in  detail  and  forwarded  by  such health care provider to the medical
director of the appropriate state correctional  facility  upon  request;
the  superintendent  shall  present to such officer a certificate of the
delivery of such incarcerated individual, and the fees of  such  officer
for  transporting  such  incarcerated  individual shall be paid from the
treasury upon the audit and warrant of the comptroller. The sentence and
commitment or  certificate  of  conviction  shall  be  deemed  to  grant
authorization to the department of corrections and community supervision
to  request  a certified copy or certified transcript of birth on behalf
of an incarcerated individual, when such request  is  made  pursuant  to
subdivision  four  of  section four thousand one hundred seventy-four of
the public health law or section four thousand one hundred  seventy-nine
of  such  law.  Whenever  an  incarcerated  individual  of  the state is
delivered  to  a  local  facility,  the  superintendent  shall   forward
summaries  of  such  records to the local facility with the incarcerated
individual. The department  of  corrections  and  community  supervision
shall  notify  the  incarcerated individual when a birth certificate has
been ordered  and  received.  Upon  such  individual's  release  from  a
correctional  facility,  the  certified  copy or certified transcript of
birth shall be provided to the individual.
* NB Effective until September 1, 2025
* (a) Whenever an incarcerated individual shall be  delivered  to  the
superintendent   of   a  state  correctional  facility  pursuant  to  an
indeterminate or determinate sentence, the officer  so  delivering  such
incarcerated  individual  shall  deliver  to  such  superintendent,  the
sentence and commitment or certificate of  conviction,  or  a  certified
copy  thereof, and a copy of any order of protection pursuant to section
380.65 of the criminal procedure law received by such officer  from  the
clerk of the court by which such incarcerated individual shall have been
sentenced, a copy of the report of the probation officer's investigation
and  report  or  a detailed statement covering the facts relative to the
crime and previous history certified by the district attorney, a copy of
the incarcerated individual's fingerprint records, a detailed summary of
available medical records, psychiatric records and reports  relating  to
assaults,  or  other  violent acts, attempts at suicide or escape by the
incarcerated individual while in the custody of the  local  correctional
facility; any such medical or psychiatric records in the possession of a
health care provider other than the local correctional facility shall be
summarized  in  detail and forwarded by such health care provider to the

medical director of the appropriate  state  correctional  facility  upon
request;  the superintendent shall present to such officer a certificate
of the delivery of such incarcerated individual, and the  fees  of  such
officer for transporting such incarcerated individual shall be paid from
the  treasury upon the audit and warrant of the comptroller. Whenever an
incarcerated individual of the state is delivered to a  local  facility,
the  superintendent shall forward summaries of such records to the local
facility with the incarcerated individual.
* NB Effective September 1, 2025
* (b) Whenever an incarcerated individual is sentenced by a  court  of
this state to an indeterminate sentence, but the incarcerated individual
is   immediately   returned   to   a  correctional  facility  under  the
jurisdiction of the United States or of a sister state, the clerk of the
court shall immediately send to the commissioner  of  the  department  a
certified  copy  of  the  sentence, a copy of the probation report and a
copy of the fingerprint records of the incarcerated individual.
* NB Effective until September 1, 2025
* (b) Whenever an incarcerated individual is sentenced by a  court  of
this  state  to  an  indeterminate  or  determinate  sentence,  but  the
incarcerated  individual  is  immediately  returned  to  a  correctional
facility  under  the  jurisdiction  of  the United States or of a sister
state, the clerk of the court shall immediately send to the commissioner
of the department a certified copy  of  the  sentence,  a  copy  of  the
probation   report  and  a  copy  of  the  fingerprint  records  of  the
incarcerated individual.
* NB Effective September 1, 2025
(c) In order to comply with section five hundred-b of this chapter, to
afford appropriate precautions for the personal safety  and  welfare  of
persons in custody, and to foster the safety, security and good order of
the local correctional facility, a sheriff upon the lawful commitment of
a  person to his custody may request, and a sheriff to whom such request
is made shall deliver, such information in his possession  or  summaries
thereof  as  specified  in  subdivision  (a)  of  this  section with the
exception of medical and psychiatric records which  would  be  forwarded
pursuant to subdivision (d) of this section.
(d)  Any  medical or psychiatric records in the possession of a health
care provider shall be summarized in detail and forwarded by such health
care  provider  to  the  medical  director  of   the   receiving   local
correctional  facility  upon  the  request  of  such  sheriff or medical
director.  Requests  for  such  information  shall  be  made  when   the
information is necessary for the timely and effective medical evaluation
or treatment.
(e) A copy of any order of protection issued by any court against such
incarcerated  individual  pursuant to article five hundred thirty of the
criminal procedure law or article eight of the family court act  at  the
time  of  sentencing  or  which thereafter be issued shall accompany any
commitment.
(f) Information, however received, pursuant to  subdivisions  (c)  and
(d)  of  this  section which is confidential as required by law shall be
kept confidential by  the  party  receiving  such  information  and  any
limitation  on  the  release of such information imposed by law upon the
party furnishing the information shall also apply to the party receiving
such information. Any disclosure of confidential material made  pursuant
to  this section shall be limited to that information which is necessary
in light of the reason for disclosure.
(g) The state commission of correction shall  promulgate  a  rule  and
regulation  which  prescribes  the manner in which confidential material
shall be transmitted between local correctional facilities.