§ 5. Department of corrections and community supervision;
commissioner. 1. There shall be in the state government a department of
corrections and community supervision. The head of the department shall
be the commissioner of corrections and community supervision, who shall
be appointed by the governor, by and with the advice and consent of the
senate, and hold office at the pleasure of the governor by whom he was
appointed and until his successor is appointed and has qualified.

2. The commissioner of corrections and community supervision shall be
the chief executive officer of the department.

3. The principal office of the department of corrections and community
supervision shall be in the county of Albany.

4. The commissioner is hereby authorized and empowered to convert the
sentence of a person serving an indeterminate sentence of imprisonment,
except a person serving a sentence with a maximum term of life
imprisonment, to a determinate sentence of imprisonment equal to
two-thirds of the maximum or aggregate maximum term imposed where such
conversion is necessary to make such person eligible for transfer either
to federal custody or to foreign countries under treaties that provide
for the voluntary transfer of such persons on the execution of penal
sentences entered into by the government of the United States with
foreign countries.

5. The commissioner upon request, may in his or her discretion,
authorize the purchase and presentation of a flag of the state of New
York to the person designated to dispose of the remains of a deceased
correction officer or parole officer.

6. The commissioner shall have the discretion to enter into agreements
with the commissioner of mental health for the provision of security
services relating to article ten of the mental hygiene law.