2023 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's
12. 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's
14.  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's
17. 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's
22. 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's
26.  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, 2025