§ 71 — Persons received into the custody of the department

New York § 71

• Jurisdiction: New York
• Law COR: Correction
• Art. 4: Establishment of Correctional Facilities, Commitments to Department and Custody of Incarcerated Individuals

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§ 71. Persons received into the custody of the department.\n 1. * Persons committed to the custody of the department under an\nindeterminate or determinate sentence of imprisonment shall be delivered\nto correctional facilities designated as reception centers in the rules\nand regulations of the department. The commissioner may designate any\ncorrectional facility as a reception center subject, however, to the\nfollowing criteria:\n * NB Effective until September 1, 2027\n * Persons committed to the custody of the department under an\nindeterminate or a reformatory sentence of imprisonment shall be\ndelivered to correctional facilities designated as reception centers in\nthe rules and regulations of the department. The commissioner may\ndesignate any correctional facility as a reception center subject,\nhowever, to the following criteria:\n * NB Effective September 1, 2027\n (a) Males and females shall not be received at the same correctional\nfacility;\n (b) Males under the age of twenty-one at the time sentence is imposed\nshall not be received at the same correctional facility as males who are\ntwenty-one or over at the time sentence is imposed.\n 1-a. The commissioner shall ensure that each general confinement\nfacility law library has information on international offender transfers\nsufficient to inform those persons who are citizens of a treaty nation\nof the existence of such treaties and of the means by which such persons\nmay initiate a request for return to the person's country of citizenship\nfor service of the sentence imposed. Such law libraries shall also\ncontain the most recent annual Amnesty International Report published by\nAmnesty International describing the conditions of prisons in each\ntreaty nation and, to the extent practicable, other materials describing\nsuch prison conditions published by the United Nations, United States\nDepartment of State or human rights organizations. In addition, to the\nextent practicable, such law libraries shall contain information either\nlisting each foreign country's provisions for the reduction of the terms\nof confinement for penal sentences as well as the availability of\nincarcerated individual programs or, shall contain a list of officials\nin the United States Department of Justice or the embassy of the foreign\ncountry to whom an incarcerated individual may write for information. To\nthe extent practicable, newly received incarcerated individuals who are\nidentified as foreign nationals of treaty nations shall, as part of the\nreception process, be advised of the existence of such treaties and the\npossibility of the initiation of a transfer request.\n 1-b. The commissioner shall promulgate rules and regulations setting\nforth the procedures by which an incarcerated individual may apply to be\nconsidered for transfer to a foreign nation. The commissioner, or his\ndesignee, shall retain sole and absolute authority to approve or\ndisapprove an incarcerated individual's application for transfer.\nNothing herein shall be construed to confer upon an incarcerated\nindividual a right to be transferred to a foreign nation.\nNotwithstanding any other law, rule or regulation to the contrary, no\nincarcerated individual application for transfer shall be processed\nunless the incarcerated individual has first indicated his willingness\nand desire in writing, on a form prescribed by the commissioner, to be\nconsidered for transfer to the foreign nation. Such form shall also\ncontain a copy of the incarcerated individual's most recent legal date\ncomputation printout indicating the term or aggregate term of the\nsentence originally imposed and the release dates resulting therefrom.\nIf a request for transfer is approved by the commissioner or his\ndesignee, facility staff shall assist in the preparation and submission\nof all materials and forms necessary to effectuate the person's request\nfor transfer to the United States Department of Justice for purposes of\nfinalization of the transfer process, including verification proceedings\nbefore a United States District Court Judge, United States magistrate or\nother appointed United States official to assure and document the\nincarcerated individual's voluntary request for transfer.\n 1-c. For purposes of this section, the term "treaty nation" means a\nforeign country under treaty that provides for the voluntary transfer of\npersons on the execution of penal sentences entered into by the\ngovernment of the United States with foreign countries.\n 2. Persons returned to the custody of the department as parole or\nconditional release violators shall be delivered to institutions\ndesignated in the rules and regulations of the department.\n 3. Persons who are committed, transferred, certified to or placed in\nthe care or custody of the department as mental defectives shall be\ndelivered to a special institution maintained for the care, treatment,\ntraining and custody of mental defectives in accordance with article\nseventeen of this chapter.\n 4. Persons who are committed, transferred, certified to or placed in\nthe care or custody of the department while mentally ill shall be\ndelivered to a special institution maintained for the care, treatment\nand custody of the mentally ill in accordance with article sixteen of\nthis chapter.\n 5. The commissioner of correction shall file copies of written orders\nwith the clerk of each court having jurisdiction to commit persons to\nthe custody of the department designating the institutions to which\npersons committed by such court shall be delivered. Such orders may be\namended or superseded by the commissioner from time to time and any\nchange shall become effective immediately upon receipt by the clerk of\nthe court.\n 6. A commitment to a specified institution in the department, rather\nthan to the custody of the department, which is valid in all other\nrespects shall not be void for such reason but shall be deemed a\ncommitment to the custody of the department and the person so committed\nshall be conveyed to the proper institution as prescribed by this\nsection.\n 7. Whenever the department receives information that a person\ncommitted to the department is a social services recipient and a\ncertificate of conviction and the term of the sentence imposed has not\npreviously been delivered by the sentencing court to the local\ncommissioner of social services pursuant to section 380.80 of the\ncriminal procedure law, the department shall deliver the certificate of\nconviction and provide notification of the sentence imposed to the\ncommissioner of social services. Such commissioner shall deliver the\ncertificate of conviction and the term of sentence imposed to the\nappropriate local commissioner of social services.\n 7-a. Whenever the department receives information that a person\ncommitted to the department is a medicare part B recipient, the\ndepartment shall provide to such person information regarding\ntermination of medicare part B coverage for the duration of\nincarceration.\n 8. (a) In each year in which the federal decennial census is taken but\nin which the United States bureau of the census does not implement a\npolicy of reporting incarcerated persons at each such person's\nresidential address prior to incarceration, the department of\ncorrections and community supervision shall by September first of that\nsame year deliver to the legislative task force on demographic research\nand reapportionment the following information for each incarcerated\nperson subject to the jurisdiction of the department and located in this\nstate on the date for which the decennial census reports population:\n (i) A unique identifier, not including the name, for each such person;\n (ii) The street address of the correctional facility in which such\nperson was incarcerated at the time of such report;\n (iii) The residential address of such person prior to incarceration\n(if any); and\n (iv) Any additional information as the task force may specify pursuant\nto law.\n (b) The department shall provide the information specified in\nparagraph (a) of this subdivision in such form as the legislative task\nforce on demographic research and reapportionment shall specify.\n