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N.Y. Correct. Law § 500-c

Custody and control of prisoners

Showing this section's text as in effect on January 1, 2016 (in force January 1, 2016 – January 1, 2017). View current text →

* § 500-c. Custody and control of prisoners. 1. Except as provided in\nsubdivision two of this section, the sheriff of each county shall have\ncustody of the county jail of such county.\n 2. In the counties within the city of New York, the city commissioner\nof correction shall have custody of the correctional facilities within\nthe jurisdiction of the New York city department of correction. In the\ncounty of Westchester, the county commissioner of correction shall have\ncustody of all county correctional facilities.\n 3. Whenever a person is committed to the custody of the sheriff, such\ncommitment shall be deemed to be to the custody of the person designated\nin subdivisions one and two of this section hereinafter referred to as\nthe chief administrative officer.\n 4. The chief administrative officer shall receive and safely keep in\nthe county jail of his county each person lawfully committed to his\ncustody pursuant to the provisions of sections five hundred-a and five\nhundred four of this article and any other applicable provisions of law.\nSuch officer shall not be held personally liable for receiving or\ndetaining any person under and in accordance with a commitment issued by\na judicial officer; nor shall he, without lawful authority, let any such\nperson out of jail.\n 5. All persons confined in a county jail or penitentiary shall, as far\nas practicable, be allowed to converse with their counsel, or religious\nadvisor, under such reasonable regulations and restrictions as the chief\nadministrative officer may fix. The chief administrative officer may\nprevent all other conversation by any prisoner in the jail when he shall\ndeem it necessary and proper.\n 6. Notwithstanding any other provision of law, in the county of\nOnondaga all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest, for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Onondaga county jail.\n 7. A sheriff, the New York city commissioner of correction, or the\nWestchester county commissioner of correction, as the case may be, shall\nmaintain an institutional fund account on behalf of every lawfully\nsentenced inmate or prisoner in his custody and shall for the benefit of\nthe person make deposits into said accounts of any prisoner funds. As\nused in this section, the term "prisoner funds" means (i) funds in the\npossession of the prisoner at the time of admission into the\ninstitution; (ii) funds earned by a prisoner as provided in section one\nhundred eighty-seven of this chapter; and (iii) any other funds received\nby or on behalf of the prisoner and deposited with such sheriff or\nmunicipal official in accordance with the written procedures established\nby the commission. Whenever the total value of unencumbered funds in a\nprisoner's account exceeds ten thousand dollars, such sheriff or\nofficial shall give written notice to the office of victim services.\n 8. A sheriff, the New York city commissioner of correction, or the\nWestchester county commissioner of correction, as the case may be, shall\nprovide written notice to all inmates serving a definite sentence for a\nspecified crime defined in paragraph (e) of subdivision one of section\nsix hundred thirty-two-a of the executive law who may be subject to any\nrequirement to report to the office of victim services any funds of a\nconvicted person as defined in section six hundred thirty-two-a of the\nexecutive law, the procedures for such reporting and any potential\npenalty for a failure to comply.\n 9. Notwithstanding any other provision of law, in the county of Erie\nall of the provisions of this section shall equally apply in any case\nwhere the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Erie\ncounty holding center or the Erie county correctional facility.\n 10. Notwithstanding any other provision of law, in the county of Yates\nall of the provisions of this section shall equally apply in any case\nwhere the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Yates\ncounty jail.\n ** 11. Notwithstanding any other provision of law, in the county of\nCortland, all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff.\n ** NB There are 2 sb 11's\n ** 11. Notwithstanding any other provision of law, in the county of\nPutnam, all of the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment,\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Putnam\ncounty jail.\n ** NB There are 2 sb 11's\n 12. Notwithstanding any other provision of law, in the county of\nWarren all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Warren\ncounty jail.\n ** 13. Notwithstanding any other provision of law, in the county of\nNiagara, all of the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment, prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Niagara county jail.\n ** NB There are 2 sb 13's\n ** 13. Notwithstanding any other provision of law, in the county of\nGenesee all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Genesee\ncounty jail.\n ** NB There are 2 sb 13's\n 14. Notwithstanding any other provision of law, in the county of\nAllegany all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Allegany\ncounty correctional facility.\n 15. Notwithstanding any other provision of law, in the county of\nSeneca all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Seneca\ncounty correctional facility.\n ** 16. Notwithstanding any other provision of law, in the county of\nMontgomery all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Montgomery\ncounty correctional facility.\n ** NB There are 2 sb 16's\n ** 16. Notwithstanding any other provision of law, in the county of\nChautauqua all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Chautauqua\ncounty correctional facility.\n ** NB There are 2 sb 16's\n 17. Notwithstanding any other provision of law, in the county of\nOntario all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Ontario\ncounty correctional facility.\n 18. Notwithstanding any other provision of law, in the county of\nAlbany, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Albany\ncounty correctional facility.\n 19. Notwithstanding any other provision of law, in the county of\nJefferson, all the provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person has been judicially committed to\nthe custody of the sheriff and such person may be held in the Jefferson\ncounty correctional facility.\n ** 20. Notwithstanding any other provision of law, in the county of\nLivingston all provisions of this section shall equally apply in any\ncase where the sheriff is holding a person under arrest for arraignment\nprior to commitment, as if such person had been judicially committed to\nthe custody of the sheriff and such person may be held in the Livingston\ncounty correctional facility.\n ** NB There are 2 sb 20's\n ** 20. Notwithstanding any other provision of law, in the county of\nSchenectady all the provisions of this section shall equally apply in\nany case where the sheriff is holding a person under arrest for\narraignment prior to commitment, as if such person had been judicially\ncommitted to the custody of the sheriff and such person may be held in\nthe Schenectady county correctional facility.\n ** NB There are 2 sb 20's\n * NB Repealed September 1, 2017\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.