N.Y. Correction Law Section 105
Acts not reviewable in receiving state

  • extradition

(a)

Any decision of the sending state in respect to any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an incarcerated individual from an institution in the receiving state there is pending against the incarcerated individual within such state any criminal charge or if the incarcerated individual is formally accused of having committed within such state a criminal offense, the incarcerated individual shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport incarcerated individuals pursuant to this compact through any and all states party to this compact without interference.

(b)

Any incarcerated individual who escapes from an institution in which he or she is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of any escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of the escapee.

Source: Section 105 — Acts not reviewable in receiving state; extradition, https://www.­nysenate.­gov/legislation/laws/COR/105 (updated Aug. 13, 2021; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Aug. 13, 2021

§ 105’s source at nysenate​.gov

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