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N.Y. Correct. Law § 500-o

Agreements for custody of incarcerated individuals from other states

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2024
As of January 1, 2018
* § 500-o. Agreements for custody of inmates from other states. 1. The\nsheriff, warden, superintendent, local commissioner of correction or\nother person in charge of a local correctional facility may enter into\nan agreement with a correctional institution located in another state to\nprovide for the custody in such local correctional facility in this\nstate of persons sentenced to a period of imprisonment for an offense in\nsuch other state to a term in excess of ninety days but no more than one\nyear. Any such agreement, except one that is made by the city of New\nYork, shall be subject to the approval of the county legislature, the\nchief executive officer of the county and the commission. An agreement\nmade by the city of New York shall be subject to the approval of the\ncity council, the mayor and the commission.\n 2. Inmates who are confined in a local correctional facility pursuant\nto an agreement under this section shall be dealt with in all respects\nin the same manner as inmates committed to the custody of a local\ncorrectional facility pursuant to paragraph (e) of section five\nhundred-a of this article. All rules and regulations promulgated by the\ncommission regarding the treatment of inmates confined in a local\ncorrectional facility shall be applicable to inmates confined pursuant\nto this section. An inmate confined in a local correctional facility\npursuant to an agreement under this section shall not be deprived of any\nlegal rights which such inmate would have had if confined in a\ncorrectional institution in the jurisdiction in which he or she was\nconvicted.\n 3. Nothing in this section shall be construed to allow persons duly\ncommitted and confined to a local correctional facility in this state to\nserve such confinement in another state.\n 4. Notwithstanding subdivision one of this section, the sheriff of\nAlbany county may enter into an agreement with a correctional\ninstitution located in another state to provide for the custody in the\nAlbany county correctional facility of persons sentenced to a period of\nimprisonment in such other state to a term in excess of ninety days but\nno more than two years, subject to the approval of the county\nlegislature, the chief executive officer and the commission.\n * NB Repealed September 1, 2020\n
* § 500-o. Agreements for custody of incarcerated individuals from\nother states. 1. The sheriff, warden, superintendent, local commissioner\nof correction or other person in charge of a local correctional facility\nmay enter into an agreement with a correctional institution located in\nanother state to provide for the custody in such local correctional\nfacility in this state of persons sentenced to a period of imprisonment\nfor an offense in such other state to a term in excess of ninety days\nbut no more than one year. Any such agreement, except one that is made\nby the city of New York, shall be subject to the approval of the county\nlegislature, the chief executive officer of the county and the\ncommission. An agreement made by the city of New York shall be subject\nto the approval of the city council, the mayor and the commission.\n 2. Incarcerated individuals who are confined in a local correctional\nfacility pursuant to an agreement under this section shall be dealt with\nin all respects in the same manner as incarcerated individuals committed\nto the custody of a local correctional facility pursuant to paragraph\n(e) of subdivision one of section five hundred-a of this article. All\nrules and regulations promulgated by the commission regarding the\ntreatment of incarcerated individuals confined in a local correctional\nfacility shall be applicable to incarcerated individuals confined\npursuant to this section. An incarcerated individual confined in a local\ncorrectional facility pursuant to an agreement under this section shall\nnot be deprived of any legal rights which such incarcerated individual\nwould have had if confined in a correctional institution in the\njurisdiction in which he or she was convicted.\n 3. Nothing in this section shall be construed to allow persons duly\ncommitted and confined to a local correctional facility in this state to\nserve such confinement in another state.\n 4. Notwithstanding subdivision one of this section, the sheriff of\nAlbany county may enter into an agreement with a correctional\ninstitution located in another state to provide for the custody in the\nAlbany county correctional facility of persons sentenced to a period of\nimprisonment in such other state to a term in excess of ninety days but\nno more than two years, subject to the approval of the county\nlegislature, the chief executive officer and the commission.\n * NB Repealed September 1, 2026\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.