2023 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, 2025
* 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, 2025
(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   transferred   to  a  foreign  nation.
Notwithstanding any other law, rule or regulation to  the  contrary,  no
incarcerated  individual  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.