* § 92. Effect of agreement for custody of definite sentence
incarcerated individuals. 1. After a copy of an agreement made under
section ninety-one of this article is filed with the secretary of state,
all commitments under sentences covered by the agreement by courts in
the county or city to which it applies shall be deemed to be to the
custody of the department and shall be so construed and interpreted
irrespective of the institution or agency to which the commitments are
made.

2. Any incarcerated individual who is serving a term of imprisonment
covered by the agreement imposed prior to the filing of such agreement,
and any incarcerated individual who is under consecutive definite
sentences of imprisonment with an aggregate term of the length covered
by the agreement, irrespective of whether one or more of such sentences
was imposed prior to the filing of the agreement, may be transferred to
the care of the department upon request of the head of the county or
city institution and approval of the commissioner.

3. Incarcerated individuals who are deemed committed to the custody of
the department under subdivision one of this section, or who may be
transferred to the care of the department under subdivision two of this
section, shall be dealt with in all respects in the same manner as
incarcerated individuals committed to the custody of the department.

4. In the event any such agreement is cancelled, incarcerated
individuals delivered to the department prior to the date of
cancellation shall continue to serve their sentences in the custody of
such department and the provisions of such agreement shall continue to
apply with respect to such incarcerated individuals. A copy of the
notice of cancellation shall be filed with the secretary of state and
with the clerks of courts in the manner provided in subdivision four of
section ninety-one of this article, and no incarcerated individuals
shall be delivered to the custody of the department under such agreement
after the date on which such cancellation becomes effective.

* NB Effective until September 1, 2025

* § 92. Effect of agreement for custody of definite sentence
incarcerated individuals. 1. After a copy of an agreement made under
section ninety-one of this article is filed with the secretary of state,
all commitments under sentences covered by the agreement by courts in
the county or city to which it applies shall be deemed to be to the
custody of the state department of corrections and community supervision
and shall be so construed and interpreted irrespective of the
institution or agency to which the commitments are made.

2. Any incarcerated individual who is serving a term of imprisonment
covered by the agreement imposed prior to the filing of such agreement,
and any incarcerated individual who is under consecutive definite
sentences of imprisonment with an aggregate term of the length covered
by the agreement, irrespective of whether one or more of such sentences
was imposed prior to the filing of the agreement, may be transferred to
the care of the state department of corrections and community
supervision upon request of the head of the county or city institution
and approval of the state commissioner of corrections and community
supervision.

3. Incarcerated individuals who are deemed committed to the custody of
the state department of corrections and community supervision under
subdivision one of this section, or who may be transferred to the care
of the state department of corrections and community supervision under
subdivision two of this section, shall be dealt with in all respects in
the same manner as incarcerated individuals committed to the custody of
the state department of corrections and community supervision.

4. In the event any such agreement is cancelled, incarcerated
individuals delivered to the state department of corrections and
community supervision prior to the date of cancellation shall continue
to serve their sentences in the custody of such department and the
provisions of such agreement shall continue to apply with respect to
such incarcerated individuals. A copy of the notice of cancellation
shall be filed with the secretary of state and with the clerks of courts
in the manner provided in subdivision four of section ninety-one of this
article, and no incarcerated individuals shall be delivered to the
custody of the state department of corrections and community supervision
under such agreement after the date on which such cancellation becomes
effective.

* NB Effective September 1, 2025