2014 New York Laws
PEN - Penal
Part 2 - SENTENCES
Title E - SENTENCES
Article 70 - (70.00 - 70.85) SENTENCES OF IMPRISONMENT
70.20 - Place of imprisonment.

70.20 Place of imprisonment.
* 1.  (a) Indeterminate or determinate sentence. Except as provided in
  subdivision four of this section, when an indeterminate  or  determinate
  sentence  of  imprisonment  is  imposed,  the  court  shall  commit  the
  defendant to the custody of the  state  department  of  corrections  and
  community  supervision  for  the  term  of his or her sentence and until
  released in accordance with the law; provided, however, that a defendant
  sentenced pursuant to  subdivision  seven  of  section  70.06  shall  be
  committed  to  the  custody  of  the state department of corrections and
  community supervision for  immediate  delivery  to  a  reception  center
  operated by the department.
(b)  The court in committing a defendant who is not yet eighteen years
  of age to the department of corrections and community supervision  shall
  inquire as to whether the parents or legal guardian of the defendant, if
  present,  will  grant  to  the  minor the capacity to consent to routine
  medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits a defendant who is not yet eighteen years of age to the  custody
  of the department of corrections and community supervision in accordance
  with this section and no medical consent has been obtained prior to said
  commitment,  the  commitment order shall be deemed to grant the capacity
  to consent to routine medical, dental and  mental  health  services  and
  treatment to the person so committed.
(d)  Nothing  in  this  subdivision  shall  preclude a parent or legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on  notice  to  the  department  of  corrections  and  community
  supervision pursuant to article twenty-two of the civil practice law and
  rules  and section one hundred forty of the correction law, objecting to
  routine medical, dental or mental health services  and  treatment  being
  provided  to  such  inmate under the provisions of paragraph (b) of this
  subdivision.
(e) Nothing in this section shall require  that  consent  be  obtained
  from  the  parent  or  legal  guardian, where no consent is necessary or
  where the defendant is authorized by law to consent on his  or  her  own
  behalf to any medical, dental, and mental health service or treatment.
* NB Effective until September 1, 2015
* 1.  (a)  Indeterminate  sentence.  Except as provided in subdivision
  four of this section, when an indeterminate sentence of imprisonment  is
  imposed,  the  court  shall  commit  the defendant to the custody of the
  state department of corrections and community supervision for  the  term
  of his or her sentence and until released in accordance with the law.
(b)  The court in committing a defendant who is not yet eighteen years
  of age to the department of corrections and community supervision  shall
  inquire as to whether the parents or legal guardian of the defendant, if
  present,  will  grant  to  the  minor the capacity to consent to routine
  medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits a defendant who is not yet eighteen years of age to the  custody
  of the department of corrections and community supervision in accordance
  with this section and no medical consent has been obtained prior to said
  commitment,  the  commitment order shall be deemed to grant the capacity
  to consent to routine medical, dental and  mental  health  services  and
  treatment to the person so committed.
(d)  Nothing  in  this  subdivision  shall  preclude a parent or legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on  notice  to  the  department  of  corrections  and  community
  supervision pursuant to article twenty-two of the civil practice law and
  rules  and section one hundred forty of the correction law, objecting to

  routine medical, dental or mental health services  and  treatment  being
  provided  to  such  inmate under the provisions of paragraph (b) of this
  subdivision.
(e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  defendant  is authorized by law to consent on his or her own
  behalf to any medical, dental, and mental health service or treatment.
* NB Effective September 1, 2015
2. (a) Definite sentence. Except as provided in  subdivision  four  of
  this  section,  when a definite sentence of imprisonment is imposed, the
  court shall commit the defendant to the county or regional  correctional
  institution  for  the  term  of  his  sentence  and  until  released  in
  accordance with the law.
(b) The court in committing a defendant who is not yet eighteen  years
  of  age  to  the local correctional facility shall inquire as to whether
  the parents or legal guardian of the defendant, if present,  will  grant
  to  the  minor  the  capacity  to consent to routine medical, dental and
  mental health services and treatment.
(c) Nothing in this subdivision  shall  preclude  a  parent  or  legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on  notice  to the local correction facility pursuant to article
  twenty-two of the civil practice law and rules and section  one  hundred
  forty  of  the  correction  law, objecting to routine medical, dental or
  mental health services and treatment being provided to such inmate under
  the provisions of paragraph (b) of this subdivision.
2-a. Sentence of life imprisonment without parole. When a sentence  of
  life  imprisonment without parole is imposed, the court shall commit the
  defendant to the custody of the  state  department  of  corrections  and
  community supervision for the remainder of the life of the defendant.
* 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who  is  subject  to  an undischarged term of imprisonment, imposed at a
  previous time by a court of another jurisdiction,  is  sentenced  to  an
  additional term or terms of imprisonment by a court of this state to run
  concurrently  with  such  undischarged  term, as provided in subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate official  of  the  other  jurisdiction  shall  be  deemed  a
  commitment for such portion of the term or terms of the sentence imposed
  by  the  court  of  this state as shall not exceed the said undischarged
  term. The defendant shall be committed  to  the  custody  of  the  state
  department  of  corrections  and community supervision if the additional
  term or terms are indeterminate or determinate  or  to  the  appropriate
  county  or  regional  correctional institution if the said term or terms
  are definite for such portion of the  term  or  terms  of  the  sentence
  imposed  as  shall  exceed  such  undischarged term or until released in
  accordance with law. If such additional term or terms imposed shall  run
  consecutively  to  the  said  undischarged  term, the defendant shall be
  committed as provided in subdivisions one and two of this section.
* NB Effective until September 1, 2015
* 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who is subject to an undischarged term of  imprisonment,  imposed  at  a
  previous  time  by  a  court of another jurisdiction, is sentenced to an
  additional term or terms of imprisonment by a court of this state to run
  concurrently with such undischarged term,  as  provided  in  subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate  official  of  the  other  jurisdiction  shall  be  deemed a
  commitment for such portion of the term or terms of the sentence imposed
  by the court of this state as shall not  exceed  the  said  undischarged
  term.  The  defendant  shall  be  committed  to the custody of the state

  department of corrections and community supervision  if  the  additional
  term or terms are indeterminate or to the appropriate county or regional
  correctional institution if the said term or terms are definite for such
  portion  of  the  term  or terms of the sentence imposed as shall exceed
  such undischarged term or until released in accordance with law. If such
  additional term or terms imposed shall run  consecutively  to  the  said
  undischarged  term,  the  defendant  shall  be  committed as provided in
  subdivisions one and two of this section.
* NB Effective September 1, 2015
4. (a) Notwithstanding any other provision of law to the  contrary,  a
  juvenile  offender, or a juvenile offender who is adjudicated a youthful
  offender and given an indeterminate or a  definite  sentence,  shall  be
  committed  to  the custody of the commissioner of the office of children
  and family services who  shall  arrange  for  the  confinement  of  such
  offender  in secure facilities of the office. The release or transfer of
  such offenders from the office of children and family services shall  be
  governed by section five hundred eight of the executive law.
(b)  The court in committing a juvenile offender and youthful offender
  to the custody of the office  of  children  and  family  services  shall
  inquire  as  to  whether  the parents or legal guardian of the youth, if
  present, will consent for the office of children and family services  to
  provide   routine   medical,  dental  and  mental  health  services  and
  treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits an offender to the custody of the office of children and  family
  services in accordance with this section and no medical consent has been
  obtained  prior to said commitment, the commitment order shall be deemed
  to grant consent for the office  of  children  and  family  services  to
  provide  for  routine  medical,  dental  and  mental health services and
  treatment to the offender so committed.
(d) Nothing in this subdivision  shall  preclude  a  parent  or  legal
  guardian of an offender who is not yet eighteen years of age from making
  a  motion  on  notice  to  the  office  of  children and family services
  pursuant to article twenty-two of  the  civil  practice  law  and  rules
  objecting  to  routine  medical,  dental  or  mental health services and
  treatment being provided  to  such  offender  under  the  provisions  of
  paragraph (b) of this subdivision.
(e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  offender  is  authorized by law to consent on his or her own
  behalf to any medical, dental and mental health service or treatment.
5. Subject  to  regulations  of  the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.