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This entry was published on 2024-08-02
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SECTION 500-C
Custody and control of prisoners
Correction (COR) CHAPTER 43, ARTICLE 20
* § 500-c. Custody and control of prisoners. 1. Except as provided in
subdivision two of this section, the sheriff of each county shall have
custody of the county jail of such county.

2. In the counties within the city of New York, the city commissioner
of correction shall have custody of the correctional facilities within
the jurisdiction of the New York city department of correction. In the
county of Westchester, the county commissioner of correction shall have
custody of all county correctional facilities.

3. Whenever a person is committed to the custody of the sheriff, such
commitment shall be deemed to be to the custody of the person designated
in subdivisions one and two of this section hereinafter referred to as
the chief administrative officer.

4. The chief administrative officer shall receive and safely keep in
the county jail of his county each person lawfully committed to his
custody pursuant to the provisions of sections five hundred-a and five
hundred four of this article and any other applicable provisions of law.
Such officer shall not be held personally liable for receiving or
detaining any person under and in accordance with a commitment issued by
a judicial officer; nor shall he, without lawful authority, let any such
person out of jail.

5. All persons confined in a county jail or penitentiary shall, as far
as practicable, be allowed to converse with their counsel, or religious
advisor, under such reasonable regulations and restrictions as the chief
administrative officer may fix. The chief administrative officer may
prevent all other conversation by any prisoner in the jail when he shall
deem it necessary and proper.

6. Notwithstanding any other provision of law, in the county of
Onondaga all of the provisions of this section shall equally apply in
any case where the sheriff is holding a person under arrest, for
arraignment, prior to commitment, as if such person had been judicially
committed to the custody of the sheriff and such person may be held in
the Onondaga county jail.

7. A sheriff, the New York city commissioner of correction, or the
Westchester county commissioner of correction, as the case may be, shall
maintain an institutional fund account on behalf of every lawfully
sentenced incarcerated individual or prisoner in his or her custody and
shall for the benefit of the person make deposits into said accounts of
any prisoner funds. As used in this section, the term "prisoner funds"
means (i) funds in the possession of the prisoner at the time of
admission into the institution; (ii) funds earned by a prisoner as
provided in section one hundred eighty-seven of this chapter; and (iii)
any other funds received by or on behalf of the prisoner and deposited
with such sheriff or municipal official in accordance with the written
procedures established by the commission. Whenever the total value of
unencumbered funds in a prisoner's account exceeds ten thousand dollars,
such sheriff or official shall give written notice to the office of
victim services.

8. A sheriff, the New York city commissioner of correction, or the
Westchester county commissioner of correction, as the case may be, shall
provide written notice to all incarcerated individuals serving a
definite sentence for a specified crime defined in paragraph (e) of
subdivision one of section six hundred thirty-two-a of the executive law
who may be subject to any requirement to report to the office of victim
services any funds of a convicted person as defined in section six
hundred thirty-two-a of the executive law, the procedures for such
reporting and any potential penalty for a failure to comply.

9. Notwithstanding any other provision of law, in the county of Erie
all of the provisions of this section shall equally apply in any case
where the sheriff is holding a person under arrest for arraignment,
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Erie
county holding center or the Erie county correctional facility.

10. Notwithstanding any other provision of law, in the county of Yates
all of the provisions of this section shall equally apply in any case
where the sheriff is holding a person under arrest for arraignment,
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Yates
county jail.

** 11. Notwithstanding any other provision of law, in the county of
Cortland, all of the provisions of this section shall equally apply in
any case where the sheriff is holding a person under arrest for
arraignment, prior to commitment, as if such person had been judicially
committed to the custody of the sheriff.

** NB There are 2 sb 11's

** 11. Notwithstanding any other provision of law, in the county of
Putnam, all of the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment,
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Putnam
county jail.

** NB There are 2 sb 11's

12. Notwithstanding any other provision of law, in the county of
Warren all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Warren
county jail.

** 13. Notwithstanding any other provision of law, in the county of
Niagara, all of the provisions of this section shall equally apply in
any case where the sheriff is holding a person under arrest for
arraignment, prior to commitment, as if such person had been judicially
committed to the custody of the sheriff and such person may be held in
the Niagara county jail.

** NB There are 2 sb 13's

** 13. Notwithstanding any other provision of law, in the county of
Genesee all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Genesee
county jail.

** NB There are 2 sb 13's

14. Notwithstanding any other provision of law, in the county of
Allegany all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Allegany
county correctional facility.

15. Notwithstanding any other provision of law, in the county of
Seneca all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Seneca
county correctional facility.

** 16. Notwithstanding any other provision of law, in the county of
Montgomery all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Montgomery
county correctional facility.

** NB There are 2 sb 16's

** 16. Notwithstanding any other provision of law, in the county of
Chautauqua all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Chautauqua
county correctional facility.

** NB There are 2 sb 16's

17. Notwithstanding any other provision of law, in the county of
Ontario all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Ontario
county correctional facility.

18. Notwithstanding any other provision of law, in the county of
Albany, all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Albany
county correctional facility.

19. Notwithstanding any other provision of law, in the county of
Jefferson, all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Jefferson
county correctional facility.

** 20. Notwithstanding any other provision of law, in the county of
Livingston all provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Livingston
county correctional facility.

** NB There are 2 sb 20's

** 20. Notwithstanding any other provision of law, in the county of
Schenectady all the provisions of this section shall equally apply in
any case where the sheriff is holding a person under arrest for
arraignment prior to commitment, as if such person had been judicially
committed to the custody of the sheriff and such person may be held in
the Schenectady county correctional facility.

** NB There are 2 sb 20's

** 21. Notwithstanding any other provision of law, in the county of
Washington all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Washington
county correctional facility.

** NB There are 3 sb 21's

** 21. Notwithstanding any other provision of law, in the county of
Fulton all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Fulton
county correctional facility.

** NB There are 3 sb 21's

** 21. Notwithstanding any other provision of law, in the county of
Orleans all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Orleans
county jail.

** NB There are 3 sb 21's

22. Notwithstanding any other provision of law, in the county of Essex
all the provisions of this section shall equally apply in any case where
the sheriff is holding a person under arrest for arraignment prior to
commitment, as if such person had been judicially committed to the
custody of the sheriff and such person may be held in the Essex county
correctional facility.

23. Notwithstanding any other provision of law, in the county of
Oneida, all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Oneida
county correctional facility.

24. Notwithstanding any other provision of law, in the county of
Otsego all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Otsego
county jail.

** 25. Notwithstanding any other provision of law, in the county of
Steuben, all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person has been judicially committed to
the custody of the sheriff and such person may be held in the Steuben
county correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of
Wayne, all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Wayne
county correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of
Tioga all the provisions of this section shall equally apply in any case
where the sheriff is holding a person under arrest for arraignment prior
to commitment, as if such person had been judicially committed to the
custody of the sheriff and such person may be held in the Tioga county
correctional facility.

** NB There are 4 sb 25's

** 25. Notwithstanding any other provision of law, in the county of
Broome all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under arrest for arraignment
prior to commitment, as if such person had been judicially committed to
the custody of the sheriff and such person may be held in the Broome
county correctional facility.

** NB There are 4 sb 25's

26. Notwithstanding any other provision of law, where the chief
administrator of the courts establishes an off-hours arraignment part in
a county in accordance with paragraph (w) of subdivision one of section
two hundred twelve of the judiciary law, all the provisions of this
section shall equally apply in any case where the sheriff is holding a
person who is eighteen years of age or older and under arrest for
arraignment prior to commitment, as if such person had been judicially
committed to the custody of the sheriff and such person may be held in
such county correctional facility.

27. Notwithstanding any other provision of law, in the county of
Madison all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under the authority and
jurisdiction of the Oneida Indian Nation court pursuant to a
county-tribal detention agreement between the county of Madison, the
Madison county sheriff and the Oneida Indian Nation pursuant to section
eight hundred fifty-four of the county law, as if such person had been
judicially committed to the custody of the sheriff and such person may
be held in the Madison county correctional facility.

28. Notwithstanding any other provision of law, in the county of
Oneida all the provisions of this section shall equally apply in any
case where the sheriff is holding a person under the authority and
jurisdiction of the Oneida Indian Nation court pursuant to a
county-tribal detention agreement between the county of Oneida, the
Oneida county sheriff and the Oneida Indian Nation pursuant to section
eight hundred fifty-three of the county law, as if such person had been
judicially committed to the custody of the sheriff and such person may
be held in the Oneida county correctional facility.

* NB Repealed September 1, 2025