2023 New York Laws › COR - Correction › Article 5 - Coordinated Use of State and Local Correctional Institutions › 91 - Agreements for Custody of Definite Sentence Incarcerated Individuals.

* §  91.  Agreements  for  custody  of  definite sentence incarcerated
individuals. 1. The commissioner may enter into an  agreement  with  any
county  or  with  the  city  of  New  York to provide for custody by the
department of persons who receive  definite  sentences  of  imprisonment
with  terms  in  excess  of  ninety  days who otherwise would serve such
sentences  in  the  jail,  workhouse,  penitentiary   or   other   local
correctional institution maintained by such locality; provided, however,
that  a person committed to the custody of the department pursuant to an
agreement  established  by  this  section,  except  a  person  committed
pursuant  to  an agreement with the city of New York, shall be delivered
to a reception center designated by  the  commissioner  for  an  initial
processing  period  which  shall  be  no  longer  than  seven  days, and
thereafter, shall be transferred to a general  confinement  correctional
facility  located  in  the  same  county  or in a county adjacent to the
county where such  person  would  otherwise  be  committed  to  a  local
correctional facility. In the event, however, that exigent circumstances
related  to health, safety or security arise which require the immediate
transfer of an incarcerated  individual  to  a  different  facility  not
within the county or adjacent county, then the department shall, as soon
thereafter  as  practicable, arrange for such incarcerated individual to
be returned to the jurisdiction of the county from which he or  she  was
committed.
2.  Any  such  agreement, except one that is made with the city of New
York, may be  made  with  the  sheriff,  warden,  superintendent,  local
commissioner  of  correction  or  other  person in charge of such county
institution and shall be subject to the approval of the chief  executive
officer  of  the county. An agreement made with the city of New York may
be made with the commissioner of correction of that city  and  shall  be
subject to the approval of the mayor.
3.  An agreement made under this section shall require the locality to
pay the cost of treatment, maintenance  and  custody  furnished  by  the
department,  and  the  costs  incurred under subdivision two or three of
section  one  hundred  twenty-five  of  this  chapter  relating  to  the
provision   of  clothing,  money  and  transportation  upon  release  or
discharge  of  incarcerated  individuals  delivered  to  the  department
pursuant  to  the  agreement,  and  shall contain at least the following
provisions:
(a)  A  provision  specifying  the  minimum  length  of  the  term  of
imprisonment  of persons who may be received by the department under the
agreement, which may be any term in excess of ninety days agreed  to  by
the parties and which need not be the same in each agreement;
(b)  A  provision  that  no charge will be made to the state or to the
department or to any of its institutions during  the  pendency  of  such
agreement  for delivery of incarcerated individuals to the department by
officers of the locality, and that the provisions of section six hundred
two of this chapter or of any similar law shall not apply  for  delivery
of incarcerated individuals during such time;
(c)  Designation  of  the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;
(d) A provision  requiring  the  department  to  provide  transitional
services  upon  the  release  of persons committed to the custody of the
department pursuant to an agreement established by this section;
(e) Any  other  provision  the  commissioner  may  deem  necessary  or
appropriate; and
(f)  A provision giving either party the right to cancel the agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.
4. Notwithstanding any other provision of law, the commissioner  shall
be  authorized to grant, withhold, cause to be forfeited, or cancel time
allowances as provided in and in compliance with section  eight  hundred
four of this chapter.
5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
* NB Effective until September 1, 2025
* §  91.  Agreements  for  custody  of  definite sentence incarcerated
individuals. 1. The state  commissioner  of  corrections  and  community
supervision may enter into an agreement with any county or with the city
of  New  York  to  provide  for  custody  by  the  state  department  of
corrections and community supervision of persons  who  receive  definite
sentences  of  imprisonment  with  terms  in  excess  of ninety days who
otherwise  would  serve  such  sentences   in   the   jail,   workhouse,
penitentiary  or other local correctional institution maintained by such
locality.
2. Any such agreement, except one that is made with the  city  of  New
York,  may  be  made  with  the  sheriff,  warden, superintendent, local
commissioner of correction or other person  in  charge  of  such  county
institution  and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New  York  may
be  made  with  the commissioner of correction of that city and shall be
subject to the approval of the mayor.
3. An agreement made under this section shall not require the locality
to pay the cost of treatment, maintenance and custody furnished  by  the
state  department  of  corrections  and  community supervision and shall
contain at least the following provisions:
(a)  A  provision  specifying  the  minimum  length  of  the  term  of
imprisonment  of  persons who may be received by the state department of
corrections and community supervision under the agreement, which may  be
any  term  in  excess  of ninety days agreed to by the parties and which
need not be the same in each agreement;
(b) A provision that no charge will be made to the  state  or  to  the
state  department  of corrections and community supervision or to any of
its institutions during the pendency of such agreement for  delivery  of
incarcerated  individuals  to  the  state  department of corrections and
community  supervision  by  officers  of  the  locality,  and  that  the
provisions  of section six hundred two of this chapter or of any similar
law shall not apply for delivery of incarcerated individuals during such
time;
(c) A provision that no charge shall be made to or shall be payable by
the state during the pendency of  such  agreement  for  the  expense  of
maintaining   parole   violators   pursuant   to   section  two  hundred
fifty-nine-i of the executive law, for the expense of maintaining  coram
nobis  prisoners  pursuant to section six hundred one-b of this chapter,
or for the expense of maintaining felony prisoners pursuant  to  section
six hundred one-c of this chapter;
(d)  A provision, approved by the state comptroller, for reimbursement
of the state department of corrections and community supervision by  the
locality for expenses incurred under subdivision two or three of section
one  hundred twenty-five of this chapter relating to clothing, money and
transportation furnished  upon  release  or  discharge  of  incarcerated
individuals  delivered  to  the  state  department  of  corrections  and
community supervision pursuant to the agreement;
(e) Designation of the correctional facility or  facilities  to  which
persons under sentences covered by the agreement are to be delivered;
(f)  Any  other  provision  the  state commissioner of corrections and
community supervision may deem necessary or appropriate; and
(g)  A provision giving either party the right to cancel the agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.
4. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
* NB Effective September 1, 2025