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2017 New York Laws
COR - Correction
Article 5 - Coordinated Use of State and Local Correctional Institutions
92 - Effect of Agreement for Custody of Definite Sentence Inmates.

Universal Citation: NY Corr L § 92 (2017)
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*   92. Effect of agreement for custody of definite sentence inmates.
  1.  After a copy of an agreement made under section ninety-one  of  this
  article  is  filed  with  the  secretary of state, all commitments under
  sentences covered by the agreement by courts in the county  or  city  to
  which  it applies shall be deemed to be to the custody of the department
  and  shall  be  so  construed  and  interpreted  irrespective   of   the
  institution or agency to which the commitments are made.

2.  Any  inmate  who  is serving a term of imprisonment covered by the
  agreement imposed prior to the filing of such agreement, and any  inmate
  who  is  under  consecutive  definite  sentences of imprisonment with an
  aggregate term of the length covered by the agreement,  irrespective  of
  whether one or more of such sentences was imposed prior to the filing of
  the  agreement,  may  be  transferred to the care of the department upon
  request of the head of the county or city institution  and  approval  of
  the commissioner.

3.  Inmates  who are deemed committed to the custody of the department
  under subdivision one of this section, or who may be transferred to  the
  care  of  the department under subdivision two of this section, shall be
  dealt with in all respects in the same manner as  inmates  committed  to
  the custody of the department.

4.  In the event any such agreement is cancelled, inmates delivered to
  the department prior to the date of cancellation shall continue to serve
  their sentences in the custody of such department and the provisions  of
  such  agreement  shall continue to apply with respect to such inmates. A
  copy of the notice of cancellation shall be filed with the secretary  of
  state  and  with  the  clerks  of  courts  in  the  manner  provided  in
  subdivision four of section ninety-one of this article, and  no  inmates
  shall be delivered to the custody of the department under such agreement
  after the date on which such cancellation becomes effective.

* NB Effective until September 1, 2019

*   92. Effect of agreement for custody of definite sentence inmates.
  1.  After a copy of an agreement made under section ninety-one  of  this
  article  is  filed  with  the  secretary of state, all commitments under
  sentences covered by the agreement by courts in the county  or  city  to
  which  it  applies  shall  be  deemed  to be to the custody of the state
  department of corrections and community  supervision  and  shall  be  so
  construed  and  interpreted irrespective of the institution or agency to
  which the commitments are made.

2. Any inmate who is serving a term of  imprisonment  covered  by  the
  agreement  imposed prior to the filing of such agreement, and any inmate
  who is under consecutive definite  sentences  of  imprisonment  with  an
  aggregate  term  of the length covered by the agreement, irrespective of
  whether one or more of such sentences was imposed prior to the filing of
  the agreement, may be transferred to the care of the state department of
  corrections and community supervision upon request of the  head  of  the
  county  or  city  institution  and approval of the state commissioner of
  corrections and community supervision.

3. Inmates who are deemed  committed  to  the  custody  of  the  state
  department  of  corrections  and community supervision under subdivision
  one of this section, or who may be transferred to the care of the  state
  department  of  corrections  and community supervision under subdivision
  two of this section, shall be dealt with in all  respects  in  the  same
  manner  as  inmates  committed to the custody of the state department of
  corrections and community supervision.

4. In the event any such agreement is cancelled, inmates delivered  to
  the  state  department of corrections and community supervision prior to
  the date of cancellation shall continue to serve their sentences in  the
  custody  of  such  department and the provisions of such agreement shall

  continue to apply with respect to such inmates. A copy of the notice  of
  cancellation  shall  be  filed  with the secretary of state and with the
  clerks of courts in the manner provided in subdivision four  of  section
  ninety-one  of  this  article,  and no inmates shall be delivered to the
  custody of the state department of corrections and community supervision
  under such agreement after the date on which such  cancellation  becomes
  effective.

* NB Effective September 1, 2019

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