§ 91 — Agreements for custody of definite sentence incarcerated individuals

* § 91. Agreements for custody of definite sentence incarcerated\nindividuals. 1. The commissioner may enter into an agreement with any\ncounty or with the city of New York to provide for custody by the\ndepartment of persons who receive definite sentences of imprisonment\nwith terms in excess of ninety days who otherwise would serve such\nsentences in the jail, workhouse, penitentiary or other local\ncorrectional institution maintained by such locality; provided, however,\nthat a person committed to the custody of the department pursuant to an\nagreement established by this section, except a person committed\npursuant to an agreement with the city of New York, shall be delivered\nto a reception center designated by the commissioner for an initial\nprocessing period which shall be no longer than seven days, and\nthereafter, shall be transferred to a general confinement correctional\nfacility located in the same county or in a county adjacent to the\ncounty where such person would otherwise be committed to a local\ncorrectional facility. In the event, however, that exigent circumstances\nrelated to health, safety or security arise which require the immediate\ntransfer of an incarcerated individual to a different facility not\nwithin the county or adjacent county, then the department shall, as soon\nthereafter as practicable, arrange for such incarcerated individual to\nbe returned to the jurisdiction of the county from which he or she was\ncommitted.\n 2. Any such agreement, except one that is made with the city of New\nYork, may be made with the sheriff, warden, superintendent, local\ncommissioner of correction or other person in charge of such county\ninstitution and shall be subject to the approval of the chief executive\nofficer of the county. An agreement made with the city of New York may\nbe made with the commissioner of correction of that city and shall be\nsubject to the approval of the mayor.\n 3. An agreement made under this section shall require the locality to\npay the cost of treatment, maintenance and custody furnished by the\ndepartment, and the costs incurred under subdivision two or three of\nsection one hundred twenty-five of this chapter relating to the\nprovision of clothing, money and transportation upon release or\ndischarge of incarcerated individuals delivered to the department\npursuant to the agreement, and shall contain at least the following\nprovisions:\n (a) A provision specifying the minimum length of the term of\nimprisonment of persons who may be received by the department under the\nagreement, which may be any term in excess of ninety days agreed to by\nthe parties and which need not be the same in each agreement;\n (b) A provision that no charge will be made to the state or to the\ndepartment or to any of its institutions during the pendency of such\nagreement for delivery of incarcerated individuals to the department by\nofficers of the locality, and that the provisions of section six hundred\ntwo of this chapter or of any similar law shall not apply for delivery\nof incarcerated individuals during such time;\n (c) Designation of the correctional facility or facilities to which\npersons under sentences covered by the agreement are to be delivered;\n (d) A provision requiring the department to provide transitional\nservices upon the release of persons committed to the custody of the\ndepartment pursuant to an agreement established by this section;\n (e) Any other provision the commissioner may deem necessary or\nappropriate; and\n (f) A provision giving either party the right to cancel the agreement\nby giving the other party notice in writing, with cancellation to become\neffective on such date as may be specified in such notice.\n 4. Notwithstanding any other provision of law, the commissioner shall\nbe authorized to grant, withhold, cause to be forfeited, or cancel time\nallowances as provided in and in compliance with section eight hundred\nfour of this chapter.\n 5. A copy of such agreement shall be filed with the secretary of state\nand with the clerk of each court having jurisdiction to impose sentences\ncovered by the agreement in the county or city to which it applies.\n * NB Effective until September 1, 2027\n * § 91. Agreements for custody of definite sentence incarcerated\nindividuals. 1. The state commissioner of corrections and community\nsupervision may enter into an agreement with any county or with the city\nof New York to provide for custody by the state department of\ncorrections and community supervision of persons who receive definite\nsentences of imprisonment with terms in excess of ninety days who\notherwise would serve such sentences in the jail, workhouse,\npenitentiary or other local correctional institution maintained by such\nlocality.\n 2. Any such agreement, except one that is made with the city of New\nYork, may be made with the sheriff, warden, superintendent, local\ncommissioner of correction or other person in charge of such county\ninstitution and shall be subject to the approval of the chief executive\nofficer of the county. An agreement made with the city of New York may\nbe made with the commissioner of correction of that city and shall be\nsubject to the approval of the mayor.\n 3. An agreement made under this section shall not require the locality\nto pay the cost of treatment, maintenance and custody furnished by the\nstate department of corrections and community supervision and shall\ncontain at least the following provisions:\n (a) A provision specifying the minimum length of the term of\nimprisonment of persons who may be received by the state department of\ncorrections and community supervision under the agreement, which may be\nany term in excess of ninety days agreed to by the parties and which\nneed not be the same in each agreement;\n (b) A provision that no charge will be made to the state or to the\nstate department of corrections and community supervision or to any of\nits institutions during the pendency of such agreement for delivery of\nincarcerated individuals to the state department of corrections and\ncommunity supervision by officers of the locality, and that the\nprovisions of section six hundred two of this chapter or of any similar\nlaw shall not apply for delivery of incarcerated individuals during such\ntime;\n (c) A provision that no charge shall be made to or shall be payable by\nthe state during the pendency of such agreement for the expense of\nmaintaining parole violators pursuant to section two hundred\nfifty-nine-i of the executive law, for the expense of maintaining coram\nnobis prisoners pursuant to section six hundred one-b of this chapter,\nor for the expense of maintaining felony prisoners pursuant to section\nsix hundred one-c of this chapter;\n (d) A provision, approved by the state comptroller, for reimbursement\nof the state department of corrections and community supervision by the\nlocality for expenses incurred under subdivision two or three of section\none hundred twenty-five of this chapter relating to clothing, money and\ntransportation furnished upon release or discharge of incarcerated\nindividuals delivered to the state department of corrections and\ncommunity supervision pursuant to the agreement;\n (e) Designation of the correctional facility or facilities to which\npersons under sentences covered by the agreement are to be delivered;\n (f) Any other provision the state commissioner of corrections and\ncommunity supervision may deem necessary or appropriate; and\n (g) A provision giving either party the right to cancel the agreement\nby giving the other party notice in writing, with cancellation to become\neffective on such date as may be specified in such notice.\n 4. A copy of such agreement shall be filed with the secretary of state\nand with the clerk of each court having jurisdiction to impose sentences\ncovered by the agreement in the county or city to which it applies.\n * NB Effective September 1, 2027\n