2023 New York Laws › COR - Correction › Article 5 - Coordinated Use of State and Local Correctional Institutions › 92 - Effect of Agreement for Custody of Definite Sentence Incarcerated Individuals.

* §   92.  Effect  of  agreement  for  custody  of  definite  sentence
  incarcerated individuals. 1. After a copy of  an  agreement  made  under
  section ninety-one of this article is filed with the secretary of state,
  all  commitments  under  sentences covered by the agreement by courts in
  the county or city to which it applies shall be  deemed  to  be  to  the
  custody  of  the  department  and  shall be so construed and interpreted
  irrespective of the institution or agency to which the  commitments  are
  made.
2.  Any  incarcerated individual who is serving a term of imprisonment
  covered by the agreement imposed prior to the filing of such  agreement,
  and  any  incarcerated  individual  who  is  under  consecutive definite
  sentences of imprisonment with an aggregate term of the  length  covered
  by  the agreement, irrespective of whether one or more of such sentences
  was imposed prior to the filing of the agreement, may be transferred  to
  the  care  of  the  department upon request of the head of the county or
  city institution and approval of the commissioner.
3. Incarcerated individuals who are deemed committed to the custody of
  the department under subdivision one of this  section,  or  who  may  be
  transferred  to the care of the department under subdivision two of this
  section, shall be dealt with in all  respects  in  the  same  manner  as
  incarcerated individuals committed to the custody of the department.
4.  In  the  event  any  such  agreement  is  cancelled,  incarcerated
  individuals  delivered  to  the  department  prior  to   the   date   of
  cancellation  shall  continue to serve their sentences in the custody of
  such department and the provisions of such agreement shall  continue  to
  apply  with  respect  to  such  incarcerated  individuals. A copy of the
  notice of cancellation shall be filed with the secretary  of  state  and
  with  the clerks of courts in the manner provided in subdivision four of
  section ninety-one of this  article,  and  no  incarcerated  individuals
  shall be delivered to the custody of the department under such agreement
  after the date on which such cancellation becomes effective.
* NB Effective until September 1, 2025
* §   92.  Effect  of  agreement  for  custody  of  definite  sentence
  incarcerated individuals. 1. After a copy of  an  agreement  made  under
  section ninety-one of this article is filed with the secretary of state,
  all  commitments  under  sentences covered by the agreement by courts in
  the county or city to which it applies shall be  deemed  to  be  to  the
  custody of the state department of corrections and community supervision
  and   shall   be  so  construed  and  interpreted  irrespective  of  the
  institution or agency to which the commitments are made.
2. Any incarcerated individual who is serving a term  of  imprisonment
  covered  by the agreement imposed prior to the filing of such agreement,
  and any  incarcerated  individual  who  is  under  consecutive  definite
  sentences  of  imprisonment with an aggregate term of the length covered
  by the agreement, irrespective of whether one or more of such  sentences
  was  imposed prior to the filing of the agreement, may be transferred to
  the  care  of  the  state  department  of  corrections   and   community
  supervision  upon  request of the head of the county or city institution
  and approval of the state  commissioner  of  corrections  and  community
  supervision.
3. Incarcerated individuals who are deemed committed to the custody of
  the  state  department  of  corrections  and community supervision under
  subdivision one of this section, or who may be transferred to  the  care
  of  the  state department of corrections and community supervision under
  subdivision two of this section, shall be dealt with in all respects  in
  the  same manner as incarcerated individuals committed to the custody of
  the state department of corrections and community supervision.
4.  In  the  event  any  such  agreement  is  cancelled,  incarcerated
  individuals  delivered  to  the  state  department  of  corrections  and
  community supervision prior to the date of cancellation  shall  continue
  to  serve  their  sentences  in  the  custody of such department and the
  provisions  of  such  agreement  shall continue to apply with respect to
  such incarcerated individuals. A copy  of  the  notice  of  cancellation
  shall be filed with the secretary of state and with the clerks of courts
  in the manner provided in subdivision four of section ninety-one of this
  article,  and  no  incarcerated  individuals  shall  be delivered to the
  custody of the state department of corrections and community supervision
  under such agreement after the date on which such  cancellation  becomes
  effective.
* NB Effective September 1, 2025