N.Y. Correction Law Section 113
Absence of incarcerated individual for funeral and deathbed visits authorized

The commissioner may permit any incarcerated individual confined by the department except one awaiting the sentence of death to attend the funeral of his or her father, mother, guardian or former guardian, child, brother, sister, husband, wife, grandparent, grandchild, ancestral uncle or ancestral aunt within the state, or to visit such individual during his or her illness if death be imminent; but the exercise of such power shall be subject to such rules and regulations as the commissioner shall prescribe, respecting the granting of such permission, duration of absence from the institution, custody, transportation and care of the incarcerated individual, and guarding against escape. Any expense incurred under the provisions of this section, with respect to any incarcerated individual permitted to attend a funeral or visit a relative during last illness, shall be deemed an expense of maintenance of the institution and be paid from moneys available therefor; but the superintendent, if the rules and regulations of the commissioner shall so provide, may allow the incarcerated individual or anyone in his or her behalf to reimburse the state for such expense.

Source: Section 113 — Absence of incarcerated individual for funeral and deathbed visits authorized, https://www.­nysenate.­gov/legislation/laws/COR/113 (updated Aug. 13, 2021; accessed Dec. 6, 2025).

112
Powers and duties of commissioner relating to correctional facilities and community supervision 113
Absence of incarcerated individual for funeral and deathbed visits authorized 114
Rehabilitation programs for women 115
Fiscal accounts and records 116
incarcerated individuals’ funds 117
Estimates of expenses 118
Custody and supervision of persons in Westchester county correctional facilities 119
Daily report concerning incarcerated individuals 120
Custody and supervision of persons in correctional facilities 121
Private ownership or operation of correctional facilities 122
Control of fiscal transactions and recovery of debts 125
Incarcerated individuals’ money, clothing and other property 126
Punishment of superintendent for neglect of duty 130
Custody of incarcerated individual sentenced to death and commuted by governor 132
Retaking of an escaped incarcerated individual 133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed 134
Religious dietary requirements 135
New York state department of corrections and community supervision body-worn cameras program 136
Correctional education 137
Program of treatment, control, discipline at correctional facilities 138
Institutional rules and regulations for incarcerated individuals at all correctional facilities 138–A
Notification of visitation policies 138–B
Permitted entry by peer support advocates 139
Grievance procedures 140
Provision for routine medical, dental and mental health services and treatment 141
Contagious disease in facility 142
Fire in facility 143
Custody of persons convicted of crimes against the United States 146
Persons authorized to visit correctional facilities 147
Noncitizen incarcerated individuals of correctional facilities 148
Psychiatric and diagnostic clinics 149
Released incarcerated individuals
Green check means up to date. Up to date

Verified:
Dec. 6, 2025

Last modified:
Aug. 13, 2021

§ 113. Absence of incarcerated individual for funeral & deathbed visits authorized's source at nysenate​.gov

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