§ 500-C — Custody and control of prisoners

New York § 500-C

• Jurisdiction: New York
• Law COR: Correction
• Art. 20: Local Correctional Facilities

Text

* § 500-c. Custody and control of prisoners. 1. Except as provided in\nsubdivision two of this section, the sheriff of each county shall have\ncustody of the county jail of such county.\n 2. In the counties within the city of New York, the city commissioner\nof correction shall have custody of the correctional facilities within\nthe jurisdiction of the New York city department of correction. In the\ncounty of Westchester, the county commissioner of correction shall have\ncustody of all county correctional facilities.\n 3. Whenever a person is committed to the custody of the sheriff, such\ncommitment shall be deemed to be to the custody of the person designated\nin subdivisions one and two of this section hereinafter referred to as\nthe chief administrative officer.\n 4. The chief administrative officer shall receive and safely keep in\nthe county jail of his county each person lawfully committed to his\ncustody pursuant to the provisions of sections five hundred-a and five\nhundred four of this article and any other applicable provisions of law.\nSuch officer shall not be held personally liable for receiving or\ndetaining any person under and in accordance with a commitment issued by\na judicial officer; nor shall he, without lawful authority, let any such\nperson out of jail.\n 5. All persons confined in a county jail or penitentiary shall, as far\nas practicable, be allowed to converse with their counsel, or religious\nadvisor, under such reasonable regulations and restrictions as the chief\nadministrative officer may fix. The chief administrative officer may\nprevent all other conversation by any prisoner in the jail when he shall\ndeem it necessary and proper.\n 6. Notwithstanding any other provision of law, in the county of\nOnondaga all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest, for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Onondaga county jail.\n 7. A sheriff, the New York city commissioner of correction, or the\nWestchester county commissioner of correction, as the case may be, shall\nmaintain an institutional fund account on behalf of every lawfully\nsentenced incarcerated individual or prisoner in his or her custody and\nshall for the benefit of the person make deposits into said accounts of\nany prisoner funds. As used in this section, the term "prisoner funds"\nmeans (i) funds in the possession of the prisoner at the time of\nadmission into the institution; (ii) funds earned by a prisoner as\nprovided in section one hundred eighty-seven of this chapter; and (iii)\nany other funds received by or on behalf of the prisoner and deposited\nwith such sheriff or municipal official in accordance with the written\nprocedures established by the commission. Whenever the total value of\nunencumbered funds in a prisoner's account exceeds ten thousand dollars,\nsuch sheriff or official shall give written notice to the office of\nvictim services.\n 8. A sheriff, the New York city commissioner of correction, or the\nWestchester county commissioner of correction, as the case may be, shall\nprovide written notice to all incarcerated individuals serving a\ndefinite sentence for a specified crime defined in paragraph (e) of\nsubdivision one of section six hundred thirty-two-a of the executive law\nwho may be subject to any requirement to report to the office of victim\nservices any funds of a convicted person as defined in section six\nhundred thirty-two-a of the executive law, the procedures for such\nreporting and any potential penalty for a failure to comply.\n 9. Notwithstanding any other provision of law, in the county of Erie\nall of the provisions of this section shall equally apply in any case\nwhere the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Erie\ncounty holding center or the Erie county correctional facility.\n 10. Notwithstanding any other provision of law, in the county of Yates\nall of the provisions of this section shall equally apply in any case\nwhere the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Yates\ncounty jail.\n ** 11. Notwithstanding any other provision of law, in the county of\nCortland, all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff.\n ** NB There are 2 sb 11's\n ** 11. Notwithstanding any other provision of law, in the county of\nPutnam, all of the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Putnam\ncounty jail.\n ** NB There are 2 sb 11's\n 12. Notwithstanding any other provision of law, in the county of\nWarren all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Warren\ncounty jail.\n ** 13. Notwithstanding any other provision of law, in the county of\nNiagara, all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Niagara county jail.\n ** NB There are 2 sb 13's\n ** 13. Notwithstanding any other provision of law, in the county of\nGenesee all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Genesee\ncounty jail.\n ** NB There are 2 sb 13's\n 14. Notwithstanding any other provision of law, in the county of\nAllegany all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Allegany\ncounty correctional facility.\n 15. Notwithstanding any other provision of law, in the county of\nSeneca all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Seneca\ncounty correctional facility.\n ** 16. Notwithstanding any other provision of law, in the county of\nMontgomery all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Montgomery\ncounty correctional facility.\n ** NB There are 2 sb 16's\n ** 16. Notwithstanding any other provision of law, in the county of\nChautauqua all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Chautauqua\ncounty correctional facility.\n ** NB There are 2 sb 16's\n 17. Notwithstanding any other provision of law, in the county of\nOntario all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Ontario\ncounty correctional facility.\n 18. Notwithstanding any other provision of law, in the county of\nAlbany, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Albany\ncounty correctional facility.\n 19. Notwithstanding any other provision of law, in the county of\nJefferson, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Jefferson\ncounty correctional facility.\n ** 20. Notwithstanding any other provision of law, in the county of\nLivingston all provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Livingston\ncounty correctional facility.\n ** NB There are 2 sb 20's\n ** 20. Notwithstanding any other provision of law, in the county of\nSchenectady all the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Schenectady county correctional facility.\n ** NB There are 2 sb 20's\n ** 21. Notwithstanding any other provision of law, in the county of\nWashington all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Washington\ncounty correctional facility.\n ** NB There are 3 sb 21's\n ** 21. Notwithstanding any other provision of law, in the county of\nFulton all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Fulton\ncounty correctional facility.\n ** NB There are 3 sb 21's\n ** 21. Notwithstanding any other provision of law, in the county of\nOrleans all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Orleans\ncounty jail.\n ** NB There are 3 sb 21's\n 22. Notwithstanding any other provision of law, in the county of Essex\nall the provisions of this section shall equally apply in any case where\nthe sheriff is holding a person under arrest for arraignment prior to\ncommitment, as if such person had been judicially committed to the\ncustody of the sheriff and such person may be held in the Essex county\ncorrectional facility.\n 23. Notwithstanding any other provision of law, in the county of\nOneida, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Oneida\ncounty correctional facility.\n 24. Notwithstanding any other provision of law, in the county of\nOtsego all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Otsego\ncounty jail.\n ** 25. Notwithstanding any other provision of law, in the county of\nSteuben, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Steuben\ncounty correctional facility.\n ** NB There are 4 sb 25's\n ** 25. Notwithstanding any other provision of law, in the county of\nWayne, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Wayne\ncounty correctional facility.\n ** NB There are 4 sb 25's\n ** 25. Notwithstanding any other provision of law, in the county of\nTioga all the provisions of this section shall equally apply in any case\nwhere the sheriff is holding a person under arrest for arraignment prior\nto commitment, as if such person had been judicially committed to the\ncustody of the sheriff and such person may be held in the Tioga county\ncorrectional facility.\n ** NB There are 4 sb 25's\n ** 25. Notwithstanding any other provision of law, in the county of\nBroome all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Broome\ncounty correctional facility.\n ** NB There are 4 sb 25's\n 26. Notwithstanding any other provision of law, where the chief\nadministrator of the courts establishes an off-hours arraignment part in\na county in accordance with paragraph (w) of subdivision one of section\ntwo hundred twelve of the judiciary law, all the provisions of this\nsection shall equally apply in any case where the sheriff is holding a\nperson who is eighteen years of age or older and under arrest for\narraignment prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nsuch county correctional facility.\n 27. Notwithstanding any other provision of law, in the county of\nMadison all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under the authority and\njurisdiction of the Oneida Indian Nation court pursuant to a\ncounty-tribal detention agreement between the county of Madison, the\nMadison county sheriff and the Oneida Indian Nation pursuant to section\neight hundred fifty-four of the county law, as if such person had been\njudicially committed to the custody of the sheriff and such person may\nbe held in the Madison county correctional facility.\n 28. Notwithstanding any other provision of law, in the county of\nOneida all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under the authority and\njurisdiction of the Oneida Indian Nation court pursuant to a\ncounty-tribal detention agreement between the county of Oneida, the\nOneida county sheriff and the Oneida Indian Nation pursuant to section\neight hundred fifty-three of the county law, as if such person had been\njudicially committed to the custody of the sheriff and such person may\nbe held in the Oneida county correctional facility.\n * NB Repealed September 1, 2027\n