New York § 29.28 Payment of costs for prosecution of incarcerated individual-patients

New York Statutes

§ 29.28 — Payment of costs for prosecution of incarcerated individual-patients

New York § 29.28

Law MHYMental Hygiene

Title EGeneral Provisions

Art. 29General Provisions Relating to In-patient Facilities

This text of New York § 29.28 (Payment of costs for prosecution of incarcerated individual-patients) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Mental Hygiene § 29.28 (2026).

Text

§ 29.28 Payment of costs for prosecution of incarcerated\n           individual-patients.\n  (a) When an incarcerated individual-patient, as defined in subdivision\n(a) of section 29.27 of this article, who was committed from a state\ncorrectional facility, is alleged to have committed an offense while in\nthe custody of the department, the department of corrections and\ncommunity supervision shall pay all reasonable costs for the prosecution\nof such offense, including but not limited to, costs for: a grand jury\nimpaneled to hear and examine evidence of such offense, petit jurors,\nwitnesses, the defense of any incarcerated individual financially unable\nto obtain counsel in accordance with the provisions of the county law,\nthe district attorney, the costs of the sheriff and the appoint

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§ 29.28 Payment of costs for prosecution of incarcerated\n individual-patients.\n (a) When an incarcerated individual-patient, as defined in subdivision\n(a) of section 29.27 of this article, who was committed from a state\ncorrectional facility, is alleged to have committed an offense while in\nthe custody of the department, the department of corrections and\ncommunity supervision shall pay all reasonable costs for the prosecution\nof such offense, including but not limited to, costs for: a grand jury\nimpaneled to hear and examine evidence of such offense, petit jurors,\nwitnesses, the defense of any incarcerated individual financially unable\nto obtain counsel in accordance with the provisions of the county law,\nthe district attorney, the costs of the sheriff and the appointment of\nadditional court attendants, officers or other judicial personnel.\n (b) It shall be the duty of the governing body of any county wherein\nsuch prosecution occurs to cause a sworn statement of all costs to be\nforwarded to the department of corrections and community supervision.\nUpon certification by such department that such costs as authorized by\nthis section have been incurred, the commissioner of corrections and\ncommunity supervision shall forward the proper vouchers to the state\ncomptroller. It shall be the duty of the comptroller to examine such\nstatement and to correct same by striking therefrom any and all items\nwhich are not authorized pursuant to the provisions of this section and\nafter correcting such statement, the comptroller shall draw his or her\nwarrant for the amount of any such costs in favor of the appropriate\ncounty treasurer, which sum shall be paid to said county treasurer out\nof any moneys appropriated therefor.\n (c) The department shall, after consultation with the director of the\nbudget, promulgate rules and regulations to carry out the provisions of\nthis section.\n