§ 601 — Delivery of commitment with incarcerated individual; payment of fees for transportation

New York § 601

• Jurisdiction: New York
• Law COR: Correction
• Art. 22: Miscellaneous Provisions

Text

§ 601. Delivery of commitment with incarcerated individual; payment of\nfees for transportation. * (a) Whenever an incarcerated individual\nshall be delivered to the superintendent of a state correctional\nfacility pursuant to an indeterminate or determinate sentence, the\nofficer so delivering such incarcerated individual shall deliver to such\nsuperintendent, the sentence and commitment or certificate of\nconviction, or a certified copy thereof, and a copy of any order of\nprotection pursuant to section 380.65 of the criminal procedure law\nreceived by such officer from the clerk of the court by which such\nincarcerated individual shall have been sentenced, a copy of the report\nof the probation officer's investigation and report or a detailed\nstatement covering the facts relative to the crime and previous history\ncertified by the district attorney, a copy of the incarcerated\nindividual's fingerprint records, a detailed summary of available\nmedical records, psychiatric records and reports relating to assaults,\nor other violent acts, attempts at suicide or escape by the incarcerated\nindividual while in the custody of the local correctional facility; any\nsuch medical or psychiatric records in the possession of a health care\nprovider other than the local correctional facility shall be summarized\nin detail and forwarded by such health care provider to the medical\ndirector of the appropriate state correctional facility upon request;\nthe superintendent shall present to such officer a certificate of the\ndelivery of such incarcerated individual, and the fees of such officer\nfor transporting such incarcerated individual shall be paid from the\ntreasury upon the audit and warrant of the comptroller. The sentence and\ncommitment or certificate of conviction shall be deemed to grant\nauthorization to the department of corrections and community supervision\nto request a certified copy or certified transcript of birth on behalf\nof an incarcerated individual, when such request is made pursuant to\nsubdivision four of section four thousand one hundred seventy-four of\nthe public health law or section four thousand one hundred seventy-nine\nof such law. Whenever an incarcerated individual of the state is\ndelivered to a local facility, the superintendent shall forward\nsummaries of such records to the local facility with the incarcerated\nindividual. The department of corrections and community supervision\nshall notify the incarcerated individual when a birth certificate has\nbeen ordered and received. Upon such individual's release from a\ncorrectional facility, the certified copy or certified transcript of\nbirth shall be provided to the individual.\n * NB Effective until September 1, 2027\n * (a) Whenever an incarcerated individual shall be delivered to the\nsuperintendent of a state correctional facility pursuant to an\nindeterminate or determinate sentence, the officer so delivering such\nincarcerated individual shall deliver to such superintendent, the\nsentence and commitment or certificate of conviction, or a certified\ncopy thereof, and a copy of any order of protection pursuant to section\n380.65 of the criminal procedure law received by such officer from the\nclerk of the court by which such incarcerated individual shall have been\nsentenced, a copy of the report of the probation officer's investigation\nand report or a detailed statement covering the facts relative to the\ncrime and previous history certified by the district attorney, a copy of\nthe incarcerated individual's fingerprint records, a detailed summary of\navailable medical records, psychiatric records and reports relating to\nassaults, or other violent acts, attempts at suicide or escape by the\nincarcerated individual while in the custody of the local correctional\nfacility; any such medical or psychiatric records in the possession of a\nhealth care provider other than the local correctional facility shall be\nsummarized in detail and forwarded by such health care provider to the\nmedical director of the appropriate state correctional facility upon\nrequest; the superintendent shall present to such officer a certificate\nof the delivery of such incarcerated individual, and the fees of such\nofficer for transporting such incarcerated individual shall be paid from\nthe treasury upon the audit and warrant of the comptroller. Whenever an\nincarcerated individual of the state is delivered to a local facility,\nthe superintendent shall forward summaries of such records to the local\nfacility with the incarcerated individual.\n * NB Effective September 1, 2027\n * (b) Whenever an incarcerated individual is sentenced by a court of\nthis state to an indeterminate sentence, but the incarcerated individual\nis immediately returned to a correctional facility under the\njurisdiction of the United States or of a sister state, the clerk of the\ncourt shall immediately send to the commissioner of the department a\ncertified copy of the sentence, a copy of the probation report and a\ncopy of the fingerprint records of the incarcerated individual.\n * NB Effective until September 1, 2027\n * (b) Whenever an incarcerated individual is sentenced by a court of\nthis state to an indeterminate or determinate sentence, but the\nincarcerated individual is immediately returned to a correctional\nfacility under the jurisdiction of the United States or of a sister\nstate, the clerk of the court shall immediately send to the commissioner\nof the department a certified copy of the sentence, a copy of the\nprobation report and a copy of the fingerprint records of the\nincarcerated individual.\n * NB Effective September 1, 2027\n (c) In order to comply with section five hundred-b of this chapter, to\nafford appropriate precautions for the personal safety and welfare of\npersons in custody, and to foster the safety, security and good order of\nthe local correctional facility, a sheriff upon the lawful commitment of\na person to his custody may request, and a sheriff to whom such request\nis made shall deliver, such information in his possession or summaries\nthereof as specified in subdivision (a) of this section with the\nexception of medical and psychiatric records which would be forwarded\npursuant to subdivision (d) of this section.\n (d) Any medical or psychiatric records in the possession of a health\ncare provider shall be summarized in detail and forwarded by such health\ncare provider to the medical director of the receiving local\ncorrectional facility upon the request of such sheriff or medical\ndirector. Requests for such information shall be made when the\ninformation is necessary for the timely and effective medical evaluation\nor treatment.\n (e) A copy of any order of protection issued by any court against such\nincarcerated individual pursuant to article five hundred thirty of the\ncriminal procedure law or article eight of the family court act at the\ntime of sentencing or which thereafter be issued shall accompany any\ncommitment.\n (f) Information, however received, pursuant to subdivisions (c) and\n(d) of this section which is confidential as required by law shall be\nkept confidential by the party receiving such information and any\nlimitation on the release of such information imposed by law upon the\nparty furnishing the information shall also apply to the party receiving\nsuch information. Any disclosure of confidential material made pursuant\nto this section shall be limited to that information which is necessary\nin light of the reason for disclosure.\n (g) The state commission of correction shall promulgate a rule and\nregulation which prescribes the manner in which confidential material\nshall be transmitted between local correctional facilities.\n