§ 79-A — Consequence of sentence to imprisonment for life

§ 79-a. Consequence of sentence to imprisonment for life. 1. Except\nas provided in subdivisions two and three, a person sentenced to\nimprisonment for life is thereafter deemed civilly dead; provided, that\nsuch a person may marry while on community supervision, or after he or\nshe has been discharged from community supervision, if otherwise capable\nof contracting a valid marriage. A marriage contracted pursuant to this\nsection by a person while he or she is on community supervision, without\nprior written approval of the commissioner of corrections and community\nsupervision, shall be ground for revocation of the community\nsupervision. This section shall not be deemed to impair the validity of\na marriage between a person sentenced to imprisonment for life and his\nor her spouse.\n 2. A sentence to imprisonment for life shall not be deemed to suspend\nthe right or capacity of any person so sentenced to commence, prosecute\nor defend an action or proceeding in any court within this state or\nbefore a body or officer exercising judicial, quasi-judicial or\nadministrative functions within this state; provided, however, that\nwhere at the time of the commencement and during the prosecution or\ndefense of such action or proceeding such person is an incarcerated\nindividual of a state correctional institution, he or she shall not\nappear at any place other than within the institution for any purpose\nrelated to such action or proceeding unless upon a subpoena issued by\nthe court before whom such action or proceeding is pending or, where\nsuch action or proceeding is pending before a body or officer, before a\njudge to whom a petition for habeas corpus could be made under\nsubdivision (b) of section seven thousand two of the civil practice law\nand rules upon motion of any party and upon a determination that such\nperson's appearance is essential to the proper and just disposition of\nthe action or proceeding. Unless the court orders otherwise, a motion\nfor such subpoena shall be made on at least two days' notice to the\ncommissioner of corrections and community supervision.\n 3. (a) Except as provided in paragraph (b) of this subdivision, the\nstate shall not be liable for any expense of or related to any such\naction or proceeding, including but not limited to the expense of or\nrelated to transporting the incarcerated individual to, or lodging or\nguarding him or her at any place other than in a state correctional\ninstitution. The department of corrections and community supervision\nshall not be required to perform any services related to such action or\nproceeding, including but not limited to transporting the incarcerated\nindividual to or lodging or guarding him or her at any place other than\na state correctional institution unless and until the department has\nreceived payment for such services.\n (b) Where the incarcerated individual is permitted in accordance with\nany other law to proceed with the action or proceeding as a poor person\nthe expense of transporting the incarcerated individual to, or lodging\nor guarding him or her at any place other than in a state correctional\ninstitution or any other expense relating thereto shall be a state\ncharge; provided, however, that where an incarcerated individual has\nbeen granted such permission and a recovery by judgment or by settlement\nis had in his or her favor, the court may direct him or her to pay out\nof the recovery all or part of any sum expended by the state.\n 4. This section shall not apply to a person sentenced to imprisonment\nfor an indeterminate term, having a minimum of one day and a maximum of\nhis natural life.\n Nothing in this section shall be deemed to preclude the issuance of a\ncertificate of relief from disabilities or a certificate of good conduct\npursuant to article twenty-three of the correction law to a person who\npreviously has been sentenced to imprisonment for life.\n