* § 91. Agreements for custody of definite sentence incarcerated
individuals. 1. The commissioner may enter into an agreement with any
county or with the city of New York to provide for custody by the
department of persons who receive definite sentences of imprisonment
with terms in excess of ninety days who otherwise would serve such
sentences in the jail, workhouse, penitentiary or other local
correctional institution maintained by such locality; provided, however,
that a person committed to the custody of the department pursuant to an
agreement established by this section, except a person committed
pursuant to an agreement with the city of New York, shall be delivered
to a reception center designated by the commissioner for an initial
processing period which shall be no longer than seven days, and
thereafter, shall be transferred to a general confinement correctional
facility located in the same county or in a county adjacent to the
county where such person would otherwise be committed to a local
correctional facility. In the event, however, that exigent circumstances
related to health, safety or security arise which require the immediate
transfer of an incarcerated individual to a different facility not
within the county or adjacent county, then the department shall, as soon
thereafter as practicable, arrange for such incarcerated individual to
be returned to the jurisdiction of the county from which he or she was
committed.

2. Any such agreement, except one that is made with the city of New
York, may be made with the sheriff, warden, superintendent, local
commissioner of correction or other person in charge of such county
institution and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New York may
be made with the commissioner of correction of that city and shall be
subject to the approval of the mayor.

3. An agreement made under this section shall require the locality to
pay the cost of treatment, maintenance and custody furnished by the
department, and the costs incurred under subdivision two or three of
section one hundred twenty-five of this chapter relating to the
provision of clothing, money and transportation upon release or
discharge of incarcerated individuals delivered to the department
pursuant to the agreement, and shall contain at least the following
provisions:

(a) A provision specifying the minimum length of the term of
imprisonment of persons who may be received by the department under the
agreement, which may be any term in excess of ninety days agreed to by
the parties and which need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the
department or to any of its institutions during the pendency of such
agreement for delivery of incarcerated individuals to the department by
officers of the locality, and that the provisions of section six hundred
two of this chapter or of any similar law shall not apply for delivery
of incarcerated individuals during such time;

(c) Designation of the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;

(d) A provision requiring the department to provide transitional
services upon the release of persons committed to the custody of the
department pursuant to an agreement established by this section;

(e) Any other provision the commissioner may deem necessary or
appropriate; and

(f) A provision giving either party the right to cancel the agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.

4. Notwithstanding any other provision of law, the commissioner shall
be authorized to grant, withhold, cause to be forfeited, or cancel time
allowances as provided in and in compliance with section eight hundred
four of this chapter.

5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.

* NB Effective until September 1, 2025

* § 91. Agreements for custody of definite sentence incarcerated
individuals. 1. The state commissioner of corrections and community
supervision may enter into an agreement with any county or with the city
of New York to provide for custody by the state department of
corrections and community supervision of persons who receive definite
sentences of imprisonment with terms in excess of ninety days who
otherwise would serve such sentences in the jail, workhouse,
penitentiary or other local correctional institution maintained by such
locality.

2. Any such agreement, except one that is made with the city of New
York, may be made with the sheriff, warden, superintendent, local
commissioner of correction or other person in charge of such county
institution and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New York may
be made with the commissioner of correction of that city and shall be
subject to the approval of the mayor.

3. An agreement made under this section shall not require the locality
to pay the cost of treatment, maintenance and custody furnished by the
state department of corrections and community supervision and shall
contain at least the following provisions:

(a) A provision specifying the minimum length of the term of
imprisonment of persons who may be received by the state department of
corrections and community supervision under the agreement, which may be
any term in excess of ninety days agreed to by the parties and which
need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the
state department of corrections and community supervision or to any of
its institutions during the pendency of such agreement for delivery of
incarcerated individuals to the state department of corrections and
community supervision by officers of the locality, and that the
provisions of section six hundred two of this chapter or of any similar
law shall not apply for delivery of incarcerated individuals during such
time;

(c) A provision that no charge shall be made to or shall be payable by
the state during the pendency of such agreement for the expense of
maintaining parole violators pursuant to section two hundred
fifty-nine-i of the executive law, for the expense of maintaining coram
nobis prisoners pursuant to section six hundred one-b of this chapter,
or for the expense of maintaining felony prisoners pursuant to section
six hundred one-c of this chapter;

(d) A provision, approved by the state comptroller, for reimbursement
of the state department of corrections and community supervision by the
locality for expenses incurred under subdivision two or three of section
one hundred twenty-five of this chapter relating to clothing, money and
transportation furnished upon release or discharge of incarcerated
individuals delivered to the state department of corrections and
community supervision pursuant to the agreement;

(e) Designation of the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;

(f) Any other provision the state commissioner of corrections and
community supervision may deem necessary or appropriate; and

(g) A provision giving either party the right to cancel the agreement
by giving the other party notice in writing, with cancellation to become
effective on such date as may be specified in such notice.

4. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.

* NB Effective September 1, 2025