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This entry was published on 2023-05-12
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SECTION 601
Delivery of commitment with incarcerated individual; payment of fees for transportation
Correction (COR) CHAPTER 43, ARTICLE 22
§ 601. Delivery of commitment with incarcerated individual; payment of
fees for transportation. * (a) Whenever an incarcerated individual
shall be delivered to the superintendent of a state correctional
facility pursuant to an indeterminate or determinate sentence, the
officer so delivering such incarcerated individual shall deliver to such
superintendent, the sentence and commitment or certificate of
conviction, or a certified copy thereof, and a copy of any order of
protection pursuant to section 380.65 of the criminal procedure law
received by such officer from the clerk of the court by which such
incarcerated individual shall have been sentenced, a copy of the report
of the probation officer's investigation and report or a detailed
statement covering the facts relative to the crime and previous history
certified by the district attorney, a copy of the incarcerated
individual's fingerprint records, a detailed summary of available
medical records, psychiatric records and reports relating to assaults,
or other violent acts, attempts at suicide or escape by the incarcerated
individual while in the custody of the local correctional facility; any
such medical or psychiatric records in the possession of a health care
provider other than the local correctional facility shall be summarized
in detail and forwarded by such health care provider to the medical
director of the appropriate state correctional facility upon request;
the superintendent shall present to such officer a certificate of the
delivery of such incarcerated individual, and the fees of such officer
for transporting such incarcerated individual shall be paid from the
treasury upon the audit and warrant of the comptroller. The sentence and
commitment or certificate of conviction shall be deemed to grant
authorization to the department of corrections and community supervision
to request a certified copy or certified transcript of birth on behalf
of an incarcerated individual, when such request is made pursuant to
subdivision four of section four thousand one hundred seventy-four of
the public health law or section four thousand one hundred seventy-nine
of such law. Whenever an incarcerated individual of the state is
delivered to a local facility, the superintendent shall forward
summaries of such records to the local facility with the incarcerated
individual. The department of corrections and community supervision
shall notify the incarcerated individual when a birth certificate has
been ordered and received. Upon such individual's release from a
correctional facility, the certified copy or certified transcript of
birth shall be provided to the individual.

* NB Effective until September 1, 2025

* (a) Whenever an incarcerated individual shall be delivered to the
superintendent of a state correctional facility pursuant to an
indeterminate or determinate sentence, the officer so delivering such
incarcerated individual shall deliver to such superintendent, the
sentence and commitment or certificate of conviction, or a certified
copy thereof, and a copy of any order of protection pursuant to section
380.65 of the criminal procedure law received by such officer from the
clerk of the court by which such incarcerated individual shall have been
sentenced, a copy of the report of the probation officer's investigation
and report or a detailed statement covering the facts relative to the
crime and previous history certified by the district attorney, a copy of
the incarcerated individual's fingerprint records, a detailed summary of
available medical records, psychiatric records and reports relating to
assaults, or other violent acts, attempts at suicide or escape by the
incarcerated individual while in the custody of the local correctional
facility; any such medical or psychiatric records in the possession of a
health care provider other than the local correctional facility shall be
summarized in detail and forwarded by such health care provider to the
medical director of the appropriate state correctional facility upon
request; the superintendent shall present to such officer a certificate
of the delivery of such incarcerated individual, and the fees of such
officer for transporting such incarcerated individual shall be paid from
the treasury upon the audit and warrant of the comptroller. Whenever an
incarcerated individual of the state is delivered to a local facility,
the superintendent shall forward summaries of such records to the local
facility with the incarcerated individual.

* NB Effective September 1, 2025

* (b) Whenever an incarcerated individual is sentenced by a court of
this state to an indeterminate sentence, but the incarcerated individual
is immediately returned to a correctional facility under the
jurisdiction of the United States or of a sister state, the clerk of the
court shall immediately send to the commissioner of the department a
certified copy of the sentence, a copy of the probation report and a
copy of the fingerprint records of the incarcerated individual.

* NB Effective until September 1, 2025

* (b) Whenever an incarcerated individual is sentenced by a court of
this state to an indeterminate or determinate sentence, but the
incarcerated individual is immediately returned to a correctional
facility under the jurisdiction of the United States or of a sister
state, the clerk of the court shall immediately send to the commissioner
of the department a certified copy of the sentence, a copy of the
probation report and a copy of the fingerprint records of the
incarcerated individual.

* NB Effective September 1, 2025

(c) In order to comply with section five hundred-b of this chapter, to
afford appropriate precautions for the personal safety and welfare of
persons in custody, and to foster the safety, security and good order of
the local correctional facility, a sheriff upon the lawful commitment of
a person to his custody may request, and a sheriff to whom such request
is made shall deliver, such information in his possession or summaries
thereof as specified in subdivision (a) of this section with the
exception of medical and psychiatric records which would be forwarded
pursuant to subdivision (d) of this section.

(d) Any medical or psychiatric records in the possession of a health
care provider shall be summarized in detail and forwarded by such health
care provider to the medical director of the receiving local
correctional facility upon the request of such sheriff or medical
director. Requests for such information shall be made when the
information is necessary for the timely and effective medical evaluation
or treatment.

(e) A copy of any order of protection issued by any court against such
incarcerated individual pursuant to article five hundred thirty of the
criminal procedure law or article eight of the family court act at the
time of sentencing or which thereafter be issued shall accompany any
commitment.

(f) Information, however received, pursuant to subdivisions (c) and
(d) of this section which is confidential as required by law shall be
kept confidential by the party receiving such information and any
limitation on the release of such information imposed by law upon the
party furnishing the information shall also apply to the party receiving
such information. Any disclosure of confidential material made pursuant
to this section shall be limited to that information which is necessary
in light of the reason for disclosure.

(g) The state commission of correction shall promulgate a rule and
regulation which prescribes the manner in which confidential material
shall be transmitted between local correctional facilities.