§ 71. Persons received into the custody of the department.

1. * Persons committed to the custody of the department under an
indeterminate or determinate sentence of imprisonment shall be delivered
to correctional facilities designated as reception centers in the rules
and regulations of the department. The commissioner may designate any
correctional facility as a reception center subject, however, to the
following criteria:

* NB Effective until September 1, 2025

* Persons committed to the custody of the department under an
indeterminate or a reformatory sentence of imprisonment shall be
delivered to correctional facilities designated as reception centers in
the rules and regulations of the department. The commissioner may
designate any correctional facility as a reception center subject,
however, to the following criteria:

* NB Effective September 1, 2025

(a) Males and females shall not be received at the same correctional
facility;

(b) Males under the age of twenty-one at the time sentence is imposed
shall not be received at the same correctional facility as males who are
twenty-one or over at the time sentence is imposed.

1-a. The commissioner shall ensure that each general confinement
facility law library has information on international offender transfers
sufficient to inform those persons who are citizens of a treaty nation
of the existence of such treaties and of the means by which such persons
may initiate a request for return to the person's country of citizenship
for service of the sentence imposed. Such law libraries shall also
contain the most recent annual Amnesty International Report published by
Amnesty International describing the conditions of prisons in each
treaty nation and, to the extent practicable, other materials describing
such prison conditions published by the United Nations, United States
Department of State or human rights organizations. In addition, to the
extent practicable, such law libraries shall contain information either
listing each foreign country's provisions for the reduction of the terms
of confinement for penal sentences as well as the availability of
incarcerated individual programs or, shall contain a list of officials
in the United States Department of Justice or the embassy of the foreign
country to whom an incarcerated individual may write for information. To
the extent practicable, newly received incarcerated individuals who are
identified as foreign nationals of treaty nations shall, as part of the
reception process, be advised of the existence of such treaties and the
possibility of the initiation of a transfer request.

1-b. The commissioner shall promulgate rules and regulations setting
forth the procedures by which an incarcerated individual may apply to be
considered for transfer to a foreign nation. The commissioner, or his
designee, shall retain sole and absolute authority to approve or
disapprove an incarcerated individual's application for transfer.
Nothing herein shall be construed to confer upon an incarcerated
individual a right to be transferred to a foreign nation.
Notwithstanding any other law, rule or regulation to the contrary, no
incarcerated individual application for transfer shall be processed
unless the incarcerated individual has first indicated his willingness
and desire in writing, on a form prescribed by the commissioner, to be
considered for transfer to the foreign nation. Such form shall also
contain a copy of the incarcerated individual's most recent legal date
computation printout indicating the term or aggregate term of the
sentence originally imposed and the release dates resulting therefrom.
If a request for transfer is approved by the commissioner or his
designee, facility staff shall assist in the preparation and submission
of all materials and forms necessary to effectuate the person's request
for transfer to the United States Department of Justice for purposes of
finalization of the transfer process, including verification proceedings
before a United States District Court Judge, United States magistrate or
other appointed United States official to assure and document the
incarcerated individual's voluntary request for transfer.

1-c. For purposes of this section, the term "treaty nation" means a
foreign country under treaty that provides for the voluntary transfer of
persons on the execution of penal sentences entered into by the
government of the United States with foreign countries.

2. Persons returned to the custody of the department as parole or
conditional release violators shall be delivered to institutions
designated in the rules and regulations of the department.

3. Persons who are committed, transferred, certified to or placed in
the care or custody of the department as mental defectives shall be
delivered to a special institution maintained for the care, treatment,
training and custody of mental defectives in accordance with article
seventeen of this chapter.

4. Persons who are committed, transferred, certified to or placed in
the care or custody of the department while mentally ill shall be
delivered to a special institution maintained for the care, treatment
and custody of the mentally ill in accordance with article sixteen of
this chapter.

5. The commissioner of correction shall file copies of written orders
with the clerk of each court having jurisdiction to commit persons to
the custody of the department designating the institutions to which
persons committed by such court shall be delivered. Such orders may be
amended or superseded by the commissioner from time to time and any
change shall become effective immediately upon receipt by the clerk of
the court.

6. A commitment to a specified institution in the department, rather
than to the custody of the department, which is valid in all other
respects shall not be void for such reason but shall be deemed a
commitment to the custody of the department and the person so committed
shall be conveyed to the proper institution as prescribed by this
section.

7. Whenever the department receives information that a person
committed to the department is a social services recipient and a
certificate of conviction and the term of the sentence imposed has not
previously been delivered by the sentencing court to the local
commissioner of social services pursuant to section 380.80 of the
criminal procedure law, the department shall deliver the certificate of
conviction and provide notification of the sentence imposed to the
commissioner of social services. Such commissioner shall deliver the
certificate of conviction and the term of sentence imposed to the
appropriate local commissioner of social services.

8. (a) In each year in which the federal decennial census is taken but
in which the United States bureau of the census does not implement a
policy of reporting incarcerated persons at each such person's
residential address prior to incarceration, the department of
corrections and community supervision shall by September first of that
same year deliver to the legislative task force on demographic research
and reapportionment the following information for each incarcerated
person subject to the jurisdiction of the department and located in this
state on the date for which the decennial census reports population:

(i) A unique identifier, not including the name, for each such person;

(ii) The street address of the correctional facility in which such
person was incarcerated at the time of such report;

(iii) The residential address of such person prior to incarceration
(if any); and

(iv) Any additional information as the task force may specify pursuant
to law.

(b) The department shall provide the information specified in
paragraph (a) of this subdivision in such form as the legislative task
force on demographic research and reapportionment shall specify.