N.Y.
Correction Law Section 500-O
Agreements for custody of incarcerated individuals from other states
1.
The sheriff, warden, superintendent, local commissioner of correction or other person in charge of a local correctional facility may enter into an agreement with a correctional institution located in another state to provide for the custody in such local correctional facility in this state of persons sentenced to a period of imprisonment for an offense in such other state to a term in excess of ninety days but no more than one year. Any such agreement, except one that is made by the city of New York, shall be subject to the approval of the county legislature, the chief executive officer of the county and the commission. An agreement made by the city of New York shall be subject to the approval of the city council, the mayor and the commission.2.
Incarcerated individuals who are confined in a local correctional facility pursuant to an agreement under this section shall be dealt with in all respects in the same manner as incarcerated individuals committed to the custody of a local correctional facility pursuant to paragraph (e) of subdivision one of § 500-A (Use of jails)section five hundred-a of this article. All rules and regulations promulgated by the commission regarding the treatment of incarcerated individuals confined in a local correctional facility shall be applicable to incarcerated individuals confined pursuant to this section. An incarcerated individual confined in a local correctional facility pursuant to an agreement under this section shall not be deprived of any legal rights which such incarcerated individual would have had if confined in a correctional institution in the jurisdiction in which he or she was convicted.3.
Nothing in this section shall be construed to allow persons duly committed and confined to a local correctional facility in this state to serve such confinement in another state.4.
Notwithstanding subdivision one of this section, the sheriff of Albany county may enter into an agreement with a correctional institution located in another state to provide for the custody in the Albany county correctional facility of persons sentenced to a period of imprisonment in such other state to a term in excess of ninety days but no more than two years, subject to the approval of the county legislature, the chief executive officer and the commission. * NB Repealed September 1, 2026
Source:
Section 500-O — Agreements for custody of incarcerated individuals from other states, https://www.nysenate.gov/legislation/laws/COR/500-O (updated Aug. 25, 2023; accessed Oct. 26, 2024).
