View Our Newest Version Here

2021 New York Laws
COR - Correction
Article 22 - Miscellaneous Provisions
601 - Delivery of Commitment With Incarcerated Individual; Payment of Fees for Transportation.

Universal Citation:
NY Corr L § 601 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 601. Delivery of commitment with incarcerated individual; payment of
fees for transportation. * (a) Whenever an incarcerated individual shall
be  delivered  to  the  superintendent  of a state correctional facility
pursuant to an indeterminate or determinate  sentence,  the  officer  so
delivering   such   incarcerated   individual   shall  deliver  to  such
superintendent,  the  sentence  and   commitment   or   certificate   of
conviction,  or  a  certified  copy  thereof, and a copy of any order of
protection pursuant to section 380.65  of  the  criminal  procedure  law
received  by  such  officer  from  the  clerk of the court by which such
incarcerated individual shall have been sentenced, a copy of the  report
of  the  probation  officer's  investigation  and  report  or a detailed
statement covering the facts relative to the crime and previous  history
certified   by  the  district  attorney,  a  copy  of  the  incarcerated
individual's  fingerprint  records,  a  detailed  summary  of  available
medical  records,  psychiatric records and reports relating to assaults,
or other violent acts, attempts at suicide or escape by the incarcerated
individual while in the custody of the local correctional facility;  any
such  medical  or psychiatric records in the possession of a health care
provider other than the local correctional facility shall be  summarized
in  detail  and  forwarded  by  such health care provider to the medical
director of the appropriate state correctional  facility  upon  request;
the  superintendent  shall  present to such officer a certificate of the
delivery of such incarcerated individual, and the fees of  such  officer
for  transporting  such  incarcerated  individual shall be paid from the
treasury upon the audit and warrant  of  the  comptroller.  Whenever  an
incarcerated  individual  of the state is delivered to a local facility,
the superintendent shall forward summaries of such records to the  local
facility with the incarcerated individual.
  * NB Effective until September 1, 2023
  * (a)  Whenever  an  incarcerated individual shall be delivered to the
superintendent  of  a  state  correctional  facility  pursuant   to   an
indeterminate  or  determinate  sentence, the officer so delivering such
incarcerated  individual  shall  deliver  to  such  superintendent,  the
sentence  and  commitment  or  certificate of conviction, or a certified
copy thereof, and a copy of any order of protection pursuant to  section
380.65  of  the criminal procedure law received by such officer from the
clerk of the court by which such incarcerated individual shall have been
sentenced, a copy of the report of the probation officer's investigation
and report or a detailed statement covering the facts  relative  to  the
crime and previous history certified by the district attorney, a copy of
the incarcerated individual's fingerprint records, a detailed summary of
available  medical  records, psychiatric records and reports relating to
assaults, or other violent acts, attempts at suicide or  escape  by  the
incarcerated  individual  while in the custody of the local correctional
facility; any such medical or psychiatric records in the possession of a
health care provider other than the local correctional facility shall be
summarized in detail and forwarded by such health care provider  to  the
medical  director  of  the  appropriate state correctional facility upon
request; the superintendent shall present to such officer a  certificate
of  the  delivery  of such incarcerated individual, and the fees of such
officer for transporting such incarcerated individual shall be paid from
the treasury upon the audit and warrant of the comptroller. Whenever  an
incarcerated  individual  of the state is delivered to a local facility,
the superintendent shall forward summaries of such records to the  local
facility with the incarcerated individual.
  * NB Effective September 1, 2023
  * (b)  Whenever  an incarcerated individual is sentenced by a court of
this state to an indeterminate sentence, but the incarcerated individual

is  immediately  returned  to  a   correctional   facility   under   the
jurisdiction of the United States or of a sister state, the clerk of the
court  shall  immediately  send  to the commissioner of the department a
certified  copy  of  the  sentence, a copy of the probation report and a
copy of the fingerprint records of the incarcerated individual.
  * NB Effective until September 1, 2023
  * (b) Whenever an incarcerated individual is sentenced by a  court  of
this  state  to  an  indeterminate  or  determinate  sentence,  but  the
incarcerated  individual  is  immediately  returned  to  a  correctional
facility  under  the  jurisdiction  of  the United States or of a sister
state, the clerk of the court shall immediately send to the commissioner
of the department a certified copy  of  the  sentence,  a  copy  of  the
probation   report  and  a  copy  of  the  fingerprint  records  of  the
incarcerated individual.
  * NB Effective September 1, 2023

(c) In order to comply with section five hundred-b of this chapter, to afford appropriate precautions for the personal safety and welfare of persons in custody, and to foster the safety, security and good order of the local correctional facility, a sheriff upon the lawful commitment of a person to his custody may request, and a sheriff to whom such request is made shall deliver, such information in his possession or summaries thereof as specified in subdivision (a) of this section with the exception of medical and psychiatric records which would be forwarded pursuant to subdivision (d) of this section.

(d) Any medical or psychiatric records in the possession of a health care provider shall be summarized in detail and forwarded by such health care provider to the medical director of the receiving local correctional facility upon the request of such sheriff or medical director. Requests for such information shall be made when the information is necessary for the timely and effective medical evaluation or treatment.

(e) A copy of any order of protection issued by any court against such incarcerated individual pursuant to article five hundred thirty of the criminal procedure law or article eight of the family court act at the time of sentencing or which thereafter be issued shall accompany any commitment.

(f) Information, however received, pursuant to subdivisions (c) and (d) of this section which is confidential as required by law shall be kept confidential by the party receiving such information and any limitation on the release of such information imposed by law upon the party furnishing the information shall also apply to the party receiving such information. Any disclosure of confidential material made pursuant to this section shall be limited to that information which is necessary in light of the reason for disclosure.

(g) The state commission of correction shall promulgate a rule and regulation which prescribes the manner in which confidential material shall be transmitted between local correctional facilities.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.