Title COR, Correction

§ 355. Proceedings upon presentation of the papers. Upon the presentation of the papers, the court may, in its discretion, make an order, either appointing one or more fit persons trustees of the property of the prisoner; or requiring all creditors of the prisoner, and all perso…

§ 356. Proceedings on return of order to show cause. Upon the return of an order to show cause, made as prescribed in the last section, proof of the service thereof, as required thereby, must first be made; whereupon the court must hear the allegations and proofs of the creditor…

§ 357. Effect of order appointing trustee. The entry of the order, appointing one or more trustees, and the filing of the papers upon which it was granted, vests in the trustee or trustees all the right, title and interest of the prisoner, in and to any property, real or persona…

§ 358. Removal of trustee; appointment of new trustee. Upon the application of any person, entitled to apply for an order, appointing trustees of the prisoner's property, and upon such a notice as the court prescribes, to the petitioner, and to such other persons interested, as …

§ 359. Prisoner's property; how applied. After deducting their commissions and expenses, allowed by law, and paying the prisoner's debts, the trustees may, from time to time, under the direction of the court by which they were appointed, apply the surplus of any money in their h…

§ 360. Prisoner's property to be delivered to him on his discharge. When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him, or to his legal representatives, all his property, remaining in their hands, after deducting…

§ 361. Application of this article to persons heretofore sentenced. This article applies to a prisoner who has been sentenced before this chapter takes effect, and to his property; except where one or more trustees of his property have been theretofore appointed, by proceedings …

§ 40. Definitions. As used in this article the following terms have the following meanings: 1. "Commission" means the state commission of correction. 2. "Local correctional facility" means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital p…

§ 400. Definitions. As used in this article the following terms: (1) "Examining physician" means a physician licensed to practice medicine in the state of New York, but who is not on the staff of the facility where the incarcerated individual is confined. (2) "Hospital" means a …

§ 401. Establishment of programs inside correctional facilities. 1. The commissioner, in cooperation with the commissioner of mental health, shall establish programs, including but not limited to residential mental health treatment units, in such correctional facilities as he or…

§ 401-a. Oversight responsibilities of the justice center for the protection of people with special needs. 1. The justice center for the protection of people with special needs shall be responsible for monitoring the quality of mental health care provided to incarcerated individ…

§ 402. Commitment of incarcerated individuals with a mental illness. 1. Whenever the physician of any correctional facility, any county penitentiary, county jail or workhouse, any reformatory for women, or of any other correctional institution, shall report in writing to the sup…

§ 403. Department or superintendent to provide certain records. The department or superintendent shall furnish to the department of mental hygiene a copy of the health and psychiatric records and a sentence calculation for each incarcerated individual placed in a hospital. The s…

§ 404. Disposition of mentally ill incarcerated individuals upon release to parole, conditional release, or expiration of sentence. 1. Whenever an incarcerated individual committed to a hospital in the department of mental hygiene or whenever an incarcerated individual is examin…

§ 405. Duty of the department to the director of a hospital. The department shall notify the director of a hospital in advance of hearings to be held at such hospital as may be necessary to carry out the duties of the board of parole or the department. The department shall assis…

§ 41. State commission of correction; organization. 1. (a) There shall be within the executive department a state commission of correction. It shall consist of five persons, to be appointed by the governor by and with the consent of the senate. (b) At a minimum, one member appoi…

§ 42. Citizen's policy and complaint review council; organization; functions, powers and duties. (a) 1. There shall be within the commission a citizen's policy and complaint review council. It shall consist of nine persons, six of whom shall be appointed by the governor, by and …

§ 43. Correction medical review board; organization. 1. There shall be within the commission a correction medical review board. It shall consist of six persons to be appointed by the governor by and with the advice and consent of the senate. In addition, the part-time commission…

§ 44. Chair of commission. 1. The chair shall be the executive officer of the commission, the board and the council, and may serve as the chair of the board or council at any time necessitated by a commission member vacancy. 2. The chair may appoint such assistants, officers and…

§ 45. Functions, powers and duties of the commission. The commission shall have the following functions, powers and duties: 1. Advise and assist the governor in developing policies, plans and programs for improving the administration of correctional facilities and the delivery o…

§ 46. Additional functions, powers and duties of the commission. 1. The commission, any member or any employee designated by the commission must be granted access at any and all times to any correctional facility or part thereof and to all books, records, medical and substance u…

§ 47. Functions, powers and duties of the board. 1. The board shall have the following functions, powers and duties: (a) Investigate and review the cause and circumstances surrounding the death of any incarcerated individual of a correctional facility. (b) Visit and inspect any …

§ 48. Preference. Any action or proceeding commenced by the commission pursuant to this article shall have a preference over all other cases, except habeas corpus proceedings, pending before the court.

§ 49. Commission on prison education. There is hereby established a commission on prison education comprised of nine members who shall study and develop a plan for improving education in the state prison system. The commission on prison education shall consider and investigate t…

§ 5. Department of corrections and community supervision; commissioner. 1. There shall be in the state government a department of corrections and community supervision. The head of the department shall be the commissioner of corrections and community supervision, who shall be ap…

§ 500. Application of article. The provisions of this article shall apply to all local correctional facilities as defined by subdivision sixteen of section two of this chapter.

§ 500-a. Use of jails. 1. Each county jail shall be used: (a) For the detention of persons duly committed to secure their attendance as witnesses in any criminal case; (b) For the detention of persons charged with crime, and committed for trial or examination; (c) For the detent…

* § 500-b. Housing of prisoners and other persons in custody. 1. As used in this section, the term "chief administrative officer" shall mean the person responsible pursuant to section five hundred-c of this article for receiving and safely keeping persons committed to a county j…

* § 500-c. Custody and control of prisoners. 1. Except as provided in\nsubdivision two of this section, the sheriff of each county shall have\ncustody of the county jail of such county.\n 2. In the counties within the city of New York, the city commissioner\nof correction shall …

§ 500-d. Food and labor. (1) Prisoners detained for trial, and those under sentence, shall be provided with a sufficient quantity of plain but wholesome food, at the expense of the county; such foods shall be purchased in the manner and subject to the regulations provided in sec…

§ 500-e. Reading matter; divine service. Each keeper shall provide a bible to be kept in each room of the jail in his charge, and he shall permit the persons therein confined to be supplied with other suitable and proper books and papers, and if practicable, he shall cause divin…

§ 500-f. Record of commitments and discharges. Each keeper shall keep a daily record, to be provided at the expense of the county, of the commitments and discharges of all prisoners delivered to his charge, which shall contain the date of entrance, name, offense, term of sentenc…

* § 500-g. Commitment by United States courts. The chief administrative officer shall receive and keep in his jail every person duly committed thereto, for any offense against the United States, by any court or officer of the United States, until he shall be duly discharged, the…

§ 500-h. Payment of costs for medical and dental services. 1.\nDiagnoses, tests, studies or analyses for the diagnosis of a disease or\ndisability, and care and treatment by a hospital, as defined in article\ntwenty-eight of the public health law, or by a physician, or by a\nden…

§ 500-i. County workhouses. The board of supervisors of any county may establish and maintain a workhouse for the confinement of persons convicted within the county of crimes and criminal offenses, the punishment for which is imprisonment in the county jail, and may provide for …

§ 500-j. Who may visit local correctional facilities. The following persons may visit at pleasure all local correctional facilities: The governor and lieutenant-governor, secretary of state, comptroller and attorney-general, members of the legislature, judges of the court of app…

§ 500-k. Treatment of incarcerated individuals. 1. Subdivisions five and six of section one hundred thirty-seven of this chapter, except paragraphs (d) and (e) of subdivision six of such section, relating to the treatment of incarcerated individuals in state correctional facilit…

§ 500-l. Release on holidays, Saturdays and Sundays. When the date of release from imprisonment in any county jail or jail farm, any city prison or workhouse, falls on Saturday or Sunday, it shall be deemed to fall on the preceding Friday. When the date of such release falls on …

§ 500-m. Special provision relating to city of New York. Unless specifically provided by law to the contrary, within the city of New York or the counties constituting such city the term sheriff as set forth in this chapter shall be deemed to mean the commissioner of correction o…

* § 500-n. Prisoners; unlawful fees prohibited. 1. Except as otherwise provided by law, a sheriff or other person in charge of a correctional facility or any person employed at such facility shall not charge a prisoner or other person in custody with any sum of money, or demand …

* § 500-o. Agreements for custody of incarcerated individuals from other states. 1. The sheriff, warden, superintendent, local commissioner of correction or other person in charge of a local correctional facility may enter into an agreement with a correctional institution locate…

§ 500-p. Prohibition on the custody of youth in Rikers Island facilities. Notwithstanding any other provision of law, no youth under the age of eighteen shall be placed or held in Rikers Island correctional facility or any facility located on Rikers Island located in the city of…

§ 500-q. Disclosure of video footage related to the death of incarcerated individuals involving correction officers or peace officers employed at a local correctional facility. 1. Definition. As used in this section, "video footage" shall include, but not be limited to, recordin…

§ 501. Jail physician. 1. The board of supervisors of each county, except New York, must appoint some reputable physician, duly authorized to practice medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The …

§ 502. Use of liquor in jails. Spirituous, fermented or other liquor shall not be brought into a jail for the use of a person confined therein, except as authorized by federal statute and then only upon a written permit by the physician to the jail, which must be delivered to an…

§ 503. Permit to bring liquor into jail. A permit by a jail physician as specified in the last section shall not be granted, unless the physician is satisfied, that the liquor allowed to be furnished is necessary for the health of the civil prisoner, for whose use it is permitte…

§ 504. Designation of substitute jail. 1. (a) If there is no jail in a county, or the jail becomes unfit or unsafe for the confinement of some or all of the incarcerated individuals, civil or criminal, or is destroyed by fire or otherwise, or if a pestilential disease breaks out…

§ 505. Provision of routine medical, dental and mental health services and treatment. 1. Where an incarcerated individual who is not yet eighteen years of age has been committed to the custody of the sheriff or other person in charge of a local correctional facility and no medic…

§ 507. Removal of prisoners in case of fire. If, by reason of a jail, or a building near a jail, being on fire, there is reason to apprehend that some or all of the prisoners confined in the jail, may be injured, or may escape, the sheriff or keeper of the jail may, in his discr…

§ 508. Removal of sick prisoners from jail. 1. A sheriff, in his or her discretion, may by written order permit incarcerated individuals confined in a local correctional facility to receive medical diagnosis and treatment in outside hospitals, upon the determination that such ou…