N.Y.
Correction Law Section 92
Effect of agreement for custody of definite sentence incarcerated individuals
1.
After a copy of an agreement made under § 91 (Agreements for custody of definite sentence incarcerated individuals)section ninety-one of this article is filed with the secretary of state, all commitments under sentences covered by the agreement by courts in the county or city to which it applies shall be deemed to be to the custody of the department and shall be so construed and interpreted irrespective of the institution or agency to which the commitments are made.2.
Any incarcerated individual who is serving a term of imprisonment covered by the agreement imposed prior to the filing of such agreement, and any incarcerated individual who is under consecutive definite sentences of imprisonment with an aggregate term of the length covered by the agreement, irrespective of whether one or more of such sentences was imposed prior to the filing of the agreement, may be transferred to the care of the department upon request of the head of the county or city institution and approval of the commissioner.3.
Incarcerated individuals who are deemed committed to the custody of the department under subdivision one of this section, or who may be transferred to the care of the department under subdivision two of this section, shall be dealt with in all respects in the same manner as incarcerated individuals committed to the custody of the department.4.
In the event any such agreement is cancelled, incarcerated individuals delivered to the department prior to the date of cancellation shall continue to serve their sentences in the custody of such department and the provisions of such agreement shall continue to apply with respect to such incarcerated individuals. A copy of the notice of cancellation shall be filed with the secretary of state and with the clerks of courts in the manner provided in subdivision four of § 91 (Agreements for custody of definite sentence incarcerated individuals)section ninety-one of this article, and no incarcerated individuals shall be delivered to the custody of the department under such agreement after the date on which such cancellation becomes effective. * NB Effective until September 1, 2025 * § 92. Effect of agreement for custody of definite sentence incarcerated individuals.1.
After a copy of an agreement made under § 91 (Agreements for custody of definite sentence incarcerated individuals)section ninety-one of this article is filed with the secretary of state, all commitments under sentences covered by the agreement by courts in the county or city to which it applies shall be deemed to be to the custody of the state department of corrections and community supervision and shall be so construed and interpreted irrespective of the institution or agency to which the commitments are made.2.
Any incarcerated individual who is serving a term of imprisonment covered by the agreement imposed prior to the filing of such agreement, and any incarcerated individual who is under consecutive definite sentences of imprisonment with an aggregate term of the length covered by the agreement, irrespective of whether one or more of such sentences was imposed prior to the filing of the agreement, may be transferred to the care of the state department of corrections and community supervision upon request of the head of the county or city institution and approval of the state commissioner of corrections and community supervision.3.
Incarcerated individuals who are deemed committed to the custody of the state department of corrections and community supervision under subdivision one of this section, or who may be transferred to the care of the state department of corrections and community supervision under subdivision two of this section, shall be dealt with in all respects in the same manner as incarcerated individuals committed to the custody of the state department of corrections and community supervision.4.
In the event any such agreement is cancelled, incarcerated individuals delivered to the state department of corrections and community supervision prior to the date of cancellation shall continue to serve their sentences in the custody of such department and the provisions of such agreement shall continue to apply with respect to such incarcerated individuals. A copy of the notice of cancellation shall be filed with the secretary of state and with the clerks of courts in the manner provided in subdivision four of § 91 (Agreements for custody of definite sentence incarcerated individuals)section ninety-one of this article, and no incarcerated individuals shall be delivered to the custody of the state department of corrections and community supervision under such agreement after the date on which such cancellation becomes effective. * NB Effective September 1, 2025
Source:
Section 92 — Effect of agreement for custody of definite sentence incarcerated individuals, https://www.nysenate.gov/legislation/laws/COR/92 (updated May 12, 2023; accessed Oct. 26, 2024).
