2013 New York Consolidated Laws
COR - Correction
Article 20 - (500 - 529) LOCAL CORRECTIONAL FACILITIES
500-C - Custody and control of prisoners.

 
    * §  500-c. Custody and control of prisoners. 1. Except as provided in
  subdivision two of this section, the sheriff of each county  shall  have
  custody of the county jail of such county.
    2.  In the counties within the city of New York, the city commissioner
  of correction shall have custody of the correctional  facilities  within
  the  jurisdiction  of the New York city department of correction. In the
  county of Westchester, the county commissioner of correction shall  have
  custody of all county correctional facilities.
    3.  Whenever a person is committed to the custody of the sheriff, such
  commitment shall be deemed to be to the custody of the person designated
  in subdivisions one and two of this section hereinafter referred  to  as
  the chief administrative officer.
    4.  The  chief administrative officer shall receive and safely keep in
  the county jail of his county each  person  lawfully  committed  to  his
  custody  pursuant  to the provisions of sections five hundred-a and five
  hundred four of this article and any other applicable provisions of law.
  Such officer shall not  be  held  personally  liable  for  receiving  or
  detaining any person under and in accordance with a commitment issued by
  a judicial officer; nor shall he, without lawful authority, let any such
  person out of jail.
    5. All persons confined in a county jail or penitentiary shall, as far
  as  practicable, be allowed to converse with their counsel, or religious
  advisor, under such reasonable regulations and restrictions as the chief
  administrative officer may fix. The  chief  administrative  officer  may
  prevent all other conversation by any prisoner in the jail when he shall
  deem it necessary and proper.
    6.  Notwithstanding  any  other  provision  of  law,  in the county of
  Onondaga all of the provisions of this section shall  equally  apply  in
  any  case  where  the  sheriff  is  holding  a  person under arrest, for
  arraignment, prior to commitment, as if such person had been  judicially
  committed  to  the custody of the sheriff and such person may be held in
  the Onondaga county jail.
    7. A sheriff, the New York city commissioner  of  correction,  or  the
  Westchester county commissioner of correction, as the case may be, shall
  maintain  an  institutional  fund  account  on  behalf of every lawfully
  sentenced inmate or prisoner in his custody and shall for the benefit of
  the person make deposits into said accounts of any  prisoner  funds.  As
  used  in  this section, the term "prisoner funds" means (i) funds in the
  possession  of  the  prisoner  at  the  time  of  admission   into   the
  institution;  (ii) funds earned by a prisoner as provided in section one
  hundred eighty-seven of this chapter; and (iii) any other funds received
  by or on behalf of the prisoner  and  deposited  with  such  sheriff  or
  municipal official in accordance with the written procedures established
  by  the  commission. Whenever the total value of unencumbered funds in a
  prisoner's  account  exceeds  ten  thousand  dollars,  such  sheriff  or
  official shall give written notice to the office of victim services.
    8.  A  sheriff,  the  New York city commissioner of correction, or the
  Westchester county commissioner of correction, as the case may be, shall
  provide written notice to all inmates serving a definite sentence for  a
  specified  crime  defined in paragraph (e) of subdivision one of section
  six hundred thirty-two-a of the executive law who may be subject to  any
  requirement  to  report  to the office of victim services any funds of a
  convicted person as defined in section six hundred thirty-two-a  of  the
  executive  law,  the  procedures  for  such  reporting and any potential
  penalty for a failure to comply.
    9. Notwithstanding any other provision of law, in the county  of  Erie
  all  of  the  provisions of this section shall equally apply in any case
  where the sheriff is holding a  person  under  arrest  for  arraignment,

  prior  to commitment, as if such person had been judicially committed to
  the custody of the sheriff and such person  may  be  held  in  the  Erie
  county holding center or the Erie county correctional facility.
    10. Notwithstanding any other provision of law, in the county of Yates
  all  of  the  provisions of this section shall equally apply in any case
  where the sheriff is holding a  person  under  arrest  for  arraignment,
  prior  to commitment, as if such person had been judicially committed to
  the custody of the sheriff and such person may  be  held  in  the  Yates
  county jail.
    ** 11.  Notwithstanding  any  other provision of law, in the county of
  Cortland, all of the provisions of this section shall equally  apply  in
  any  case  where  the  sheriff  is  holding  a  person  under arrest for
  arraignment, prior to commitment, as if such person had been  judicially
  committed to the custody of the sheriff.
    ** NB There are 2 sb 11's
    ** 11.  Notwithstanding  any  other provision of law, in the county of
  Putnam, all of the provisions of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for arraignment,
  prior to commitment, as if such person had been judicially committed  to
  the  custody  of  the  sheriff and such person may be held in the Putnam
  county jail.
    ** NB There are 2 sb 11's
    12. Notwithstanding any other provision  of  law,  in  the  county  of
  Warren  all  the  provisions  of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person had been judicially committed to
  the custody of the sheriff and such person may be  held  in  the  Warren
  county jail.
    ** 13.  Notwithstanding  any  other provision of law, in the county of
  Niagara, all of the provisions of this section shall  equally  apply  in
  any  case  where  the  sheriff  is  holding  a  person  under arrest for
  arraignment, prior to commitment, as if such person had been  judicially
  committed  to  the custody of the sheriff and such person may be held in
  the Niagara county jail.
    ** NB There are 2 sb 13's
    ** 13. Notwithstanding any other provision of law, in  the  county  of
  Genesee  all  the  provisions of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person had been judicially committed to
  the custody of the sheriff and such person may be held  in  the  Genesee
  county jail.
    ** NB There are 2 sb 13's
    14.  Notwithstanding  any  other  provision  of  law, in the county of
  Allegany all the provisions of this section shall equally apply  in  any
  case  where the sheriff is holding a person under arrest for arraignment
  prior to commitment, as if such person had been judicially committed  to
  the  custody  of the sheriff and such person may be held in the Allegany
  county correctional facility.
    15. Notwithstanding any other provision  of  law,  in  the  county  of
  Seneca  all  the  provisions  of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person had been judicially committed to
  the custody of the sheriff and such person may be  held  in  the  Seneca
  county correctional facility.
    ** 16.  Notwithstanding  any  other provision of law, in the county of
  Montgomery all the provisions of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person had been judicially committed to

  the custody of the sheriff and such person may be held in the Montgomery
  county correctional facility.
    ** NB There are 2 sb 16's
    ** 16.  Notwithstanding  any  other provision of law, in the county of
  Chautauqua all the provisions of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person has been judicially committed to
  the custody of the sheriff and such person may be held in the Chautauqua
  county correctional facility.
    ** NB There are 2 sb 16's
    17. Notwithstanding any other provision  of  law,  in  the  county  of
  Ontario  all  the  provisions of this section shall equally apply in any
  case where the sheriff is holding a person under arrest for  arraignment
  prior  to commitment, as if such person has been judicially committed to
  the custody of the sheriff and such person may be held  in  the  Ontario
  county correctional facility.
    18.  Notwithstanding  any  other  provision  of  law, in the county of
  Albany, all the provisions of this section shall equally  apply  in  any
  case  where the sheriff is holding a person under arrest for arraignment
  prior to commitment, as if such person has been judicially committed  to
  the  custody  of  the  sheriff and such person may be held in the Albany
  county correctional facility.
    * NB Repealed September 1, 2015