2019 New York Laws
CVR - Civil Rights
Article 7 - Miscellaneous Rights and Immunities
79-A - Consequence of Sentence to Imprisonment for Life.

§  79-a.  Consequence of sentence to imprisonment for life.  1. Except
as provided in  subdivisions  two  and  three,  a  person  sentenced  to
imprisonment  for life is thereafter deemed civilly dead; provided, that
such a person may marry while on community supervision, or after  he  or
she has been discharged from community supervision, if otherwise capable
of  contracting a valid marriage. A marriage contracted pursuant to this
section by a person while he or she is on community supervision, without
prior written approval of the commissioner of corrections and  community
supervision,   shall   be   ground   for  revocation  of  the  community
supervision. This section shall not be deemed to impair the validity  of
a  marriage  between a person sentenced to imprisonment for life and his
or her spouse.
  2. A sentence to imprisonment for life shall not be deemed to  suspend
the  right or capacity of any person so sentenced to commence, prosecute
or defend an action or proceeding in any  court  within  this  state  or
before   a  body  or  officer  exercising  judicial,  quasi-judicial  or
administrative functions within  this  state;  provided,  however,  that
where  at  the  time  of  the commencement and during the prosecution or
defense of such action or proceeding such person is an inmate of a state
correctional institution, he or she shall not appear at any place  other
than  within  the  institution for any purpose related to such action or
proceeding unless upon a subpoena issued by the court before  whom  such
action  or  proceeding is pending or, where such action or proceeding is
pending before a body or officer, before a judge to whom a petition  for
habeas  corpus  could  be  made  under  subdivision (b) of section seven
thousand two of the civil practice law and  rules  upon  motion  of  any
party  and  upon  a  determination  that  such  person's  appearance  is
essential  to  the  proper  and  just  disposition  of  the  action   or
proceeding.  Unless  the  court  orders  otherwise,  a  motion  for such
subpoena shall be made on at least two days' notice to the  commissioner
of corrections and community supervision.
  3.  (a)  Except  as  provided in paragraph (b), the state shall not be
liable for any expense of or related to any such action  or  proceeding,
including  but  not limited to the expense of or related to transporting
the inmate to, or lodging or guarding him or her at any place other than
in a state correctional institution. The department of  corrections  and
community  supervision  shall  not  be  required to perform any services
related to such action or  proceeding,  including  but  not  limited  to
transporting  the  inmate  to  or  lodging or guarding him or her at any
place other than a state correctional institution unless and  until  the
department has received payment for such services.
  (b)  Where the inmate is permitted in accordance with any other law to
proceed with the action or proceeding as a poor person  the  expense  of
transporting  the  inmate  to,  or  lodging or guarding him at any place
other than in a state correctional  institution  or  any  other  expense
relating  thereto shall be a state charge; provided, however, that where
an inmate has been granted such permission and a recovery by judgment or
by settlement is had in his favor, the court may direct him to  pay  out
of the recovery all or part of any sum expended by the state.
  4.  This section shall not apply to a person sentenced to imprisonment
for an indeterminate term, having a minimum of one day and a maximum  of
his natural life.
  Nothing  in this section shall be deemed to preclude the issuance of a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law to a  person  who
previously has been sentenced to imprisonment for life.