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N.Y. Correct. Law § 92

Effect of agreement for custody of definite sentence incarcerated individuals

Redline — January 1, 2016 → current.View current text →
Current — January 1, 2026
As of January 1, 2016
* § 92. Effect of agreement for custody of definite sentence inmates.\n1. After a copy of an agreement made under section ninety-one of this\narticle is filed with the secretary of state, all commitments under\nsentences covered by the agreement by courts in the county or city to\nwhich it applies shall be deemed to be to the custody of the department\nand shall be so construed and interpreted irrespective of the\ninstitution or agency to which the commitments are made.\n 2. Any inmate who is serving a term of imprisonment covered by the\nagreement imposed prior to the filing of such agreement, and any inmate\nwho is under consecutive definite sentences of imprisonment with an\naggregate term of the length covered by the agreement, irrespective of\nwhether one or more of such sentences was imposed prior to the filing of\nthe agreement, may be transferred to the care of the department upon\nrequest of the head of the county or city institution and approval of\nthe commissioner.\n 3. Inmates who are deemed committed to the custody of the department\nunder subdivision one of this section, or who may be transferred to the\ncare of the department under subdivision two of this section, shall be\ndealt with in all respects in the same manner as inmates committed to\nthe custody of the department.\n 4. In the event any such agreement is cancelled, inmates delivered to\nthe department prior to the date of cancellation shall continue to serve\ntheir sentences in the custody of such department and the provisions of\nsuch agreement shall continue to apply with respect to such inmates. A\ncopy of the notice of cancellation shall be filed with the secretary of\nstate and with the clerks of courts in the manner provided in\nsubdivision four of section ninety-one of this article, and no inmates\nshall be delivered to the custody of the department under such agreement\nafter the date on which such cancellation becomes effective.\n * NB Effective until September 1, 2017\n * § 92. Effect of agreement for custody of definite sentence inmates.\n1. After a copy of an agreement made under section ninety-one of this\narticle is filed with the secretary of state, all commitments under\nsentences covered by the agreement by courts in the county or city to\nwhich it applies shall be deemed to be to the custody of the state\ndepartment of corrections and community supervision and shall be so\nconstrued and interpreted irrespective of the institution or agency to\nwhich the commitments are made.\n 2. Any inmate who is serving a term of imprisonment covered by the\nagreement imposed prior to the filing of such agreement, and any inmate\nwho is under consecutive definite sentences of imprisonment with an\naggregate term of the length covered by the agreement, irrespective of\nwhether one or more of such sentences was imposed prior to the filing of\nthe agreement, may be transferred to the care of the state department of\ncorrections and community supervision upon request of the head of the\ncounty or city institution and approval of the state commissioner of\ncorrections and community supervision.\n 3. Inmates who are deemed committed to the custody of the state\ndepartment of corrections and community supervision under subdivision\none of this section, or who may be transferred to the care of the state\ndepartment of corrections and community supervision under subdivision\ntwo of this section, shall be dealt with in all respects in the same\nmanner as inmates committed to the custody of the state department of\ncorrections and community supervision.\n 4. In the event any such agreement is cancelled, inmates delivered to\nthe state department of corrections and community supervision prior to\nthe date of cancellation shall continue to serve their sentences in the\ncustody of such department and the provisions of such agreement shall\ncontinue to apply with respect to such inmates. A copy of the notice of\ncancellation shall be filed with the secretary of state and with the\nclerks of courts in the manner provided in subdivision four of section\nninety-one of this article, and no inmates shall be delivered to the\ncustody of the state department of corrections and community supervision\nunder such agreement after the date on which such cancellation becomes\neffective.\n * NB Effective September 1, 2017\n
* § 92. Effect of agreement for custody of definite sentence\nincarcerated individuals. 1. After a copy of an agreement made under\nsection ninety-one of this article is filed with the secretary of state,\nall commitments under sentences covered by the agreement by courts in\nthe county or city to which it applies shall be deemed to be to the\ncustody of the department and shall be so construed and interpreted\nirrespective of the institution or agency to which the commitments are\nmade.\n 2. Any incarcerated individual who is serving a term of imprisonment\ncovered by the agreement imposed prior to the filing of such agreement,\nand any incarcerated individual who is under consecutive definite\nsentences of imprisonment with an aggregate term of the length covered\nby the agreement, irrespective of whether one or more of such sentences\nwas imposed prior to the filing of the agreement, may be transferred to\nthe care of the department upon request of the head of the county or\ncity institution and approval of the commissioner.\n 3. Incarcerated individuals who are deemed committed to the custody of\nthe department under subdivision one of this section, or who may be\ntransferred to the care of the department under subdivision two of this\nsection, shall be dealt with in all respects in the same manner as\nincarcerated individuals committed to the custody of the department.\n 4. In the event any such agreement is cancelled, incarcerated\nindividuals delivered to the department prior to the date of\ncancellation shall continue to serve their sentences in the custody of\nsuch department and the provisions of such agreement shall continue to\napply with respect to such incarcerated individuals. A copy of the\nnotice of cancellation shall be filed with the secretary of state and\nwith the clerks of courts in the manner provided in subdivision four of\nsection ninety-one of this article, and no incarcerated individuals\nshall be delivered to the custody of the department under such agreement\nafter the date on which such cancellation becomes effective.\n * NB Effective until September 1, 2027\n * § 92. Effect of agreement for custody of definite sentence\nincarcerated individuals. 1. After a copy of an agreement made under\nsection ninety-one of this article is filed with the secretary of state,\nall commitments under sentences covered by the agreement by courts in\nthe county or city to which it applies shall be deemed to be to the\ncustody of the state department of corrections and community supervision\nand shall be so construed and interpreted irrespective of the\ninstitution or agency to which the commitments are made.\n 2. Any incarcerated individual who is serving a term of imprisonment\ncovered by the agreement imposed prior to the filing of such agreement,\nand any incarcerated individual who is under consecutive definite\nsentences of imprisonment with an aggregate term of the length covered\nby the agreement, irrespective of whether one or more of such sentences\nwas imposed prior to the filing of the agreement, may be transferred to\nthe care of the state department of corrections and community\nsupervision upon request of the head of the county or city institution\nand approval of the state commissioner of corrections and community\nsupervision.\n 3. Incarcerated individuals who are deemed committed to the custody of\nthe state department of corrections and community supervision under\nsubdivision one of this section, or who may be transferred to the care\nof the state department of corrections and community supervision under\nsubdivision two of this section, shall be dealt with in all respects in\nthe same manner as incarcerated individuals committed to the custody of\nthe state department of corrections and community supervision.\n 4. In the event any such agreement is cancelled, incarcerated\nindividuals delivered to the state department of corrections and\ncommunity supervision prior to the date of cancellation shall continue\nto serve their sentences in the custody of such department and the\nprovisions of such agreement shall continue to apply with respect to\nsuch incarcerated individuals. A copy of the notice of cancellation\nshall be filed with the secretary of state and with the clerks of courts\nin the manner provided in subdivision four of section ninety-one of this\narticle, and no incarcerated individuals shall be delivered to the\ncustody of the state department of corrections and community supervision\nunder such agreement after the date on which such cancellation becomes\neffective.\n * NB Effective September 1, 2027\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.