Title COR, Correction

§ 659. Facility. The commissioner shall provide and maintain a suitable and efficient facility, enclosed from public view, within the confines of a designated correctional institution for the imposition of the punishment of death. That facility shall contain the apparatus and eq…

§ 660. Persons authorized to be present at execution. 1. The commissioner, any persons designated by the commissioner to act as execution technicians or otherwise to assist in the execution, including correction officers, and a licensed physician or physicians may be present at …

§ 661. Examination of convicted person's body and certificate. 1. Immediately after the execution an examination of the body of the convicted person shall be made by the licensed physicians present at the execution and their report in writing stating the nature of the examinatio…

§ 662. Disposition of body. 1. Prior to the execution, the convicted person shall be given the opportunity to decide in writing to whom his or her body shall be delivered after the execution. The commissioner or his or her designee shall sign and authorize the convicted person's…

§ 7. Organization of department of corrections and community supervision; officers and employees; delegation by commissioner. 1. The commissioner of corrections and community supervision may, from time to time, create, abolish, transfer and consolidate divisions, bureaus and oth…

§ 70. Establishment, use and designation of correctional facilities. 1. (a) Except as provided in paragraphs (b) and (c) of this subdivision, every institution operated by the department for the confinement of persons under sentence of imprisonment, or for the confinement of per…

§ 700. Definitions and rules of construction. 1. As used in this article the following terms have the following meanings: (a) "Eligible offender" shall mean a person who has been convicted of a crime or of an offense, but who has not been convicted more than once of a felony. (b…

§ 701. Certificate of relief from disabilities. 1. A certificate of relief from disabilities may be granted as provided in this article to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his employment, automatically imposed by law by reason…

§ 702. Certificates of relief from disabilities issued by courts. 1. Any court of this state may, in its discretion, issue a certificate of relief from disabilities to an eligible offender for a conviction that occurred in such court, if the court either (a) imposed a revocable …

§ 703. Certificates of relief from disabilities issued by the department of corrections and community supervision. 1. The department of corrections and community supervision shall have the power to issue a certificate of relief from disabilities to: (a) any eligible offender who…

§ 703-a. Certificate of good conduct. 1. A certificate of good conduct may be granted as provided in this section to relieve an individual of any disability, or to remove any bar to his employment, automatically imposed by law by reason of his conviction of the crime or of the o…

§ 703-b. Issuance of certificate of good conduct. 1. The department of corrections and community supervision shall have the power to issue a certificate of good conduct to any person previously convicted of a crime in this state, when the department is satisfied that: (a) The ap…

§ 704. Effect of revocation; use of revoked certificate. 1. Where a certificate of relief from disabilities is deemed to be temporary and such certificate is revoked, disabilities and forfeitures thereby relieved shall be reinstated as of the date upon which the person to whom t…

§ 705. Forms and filing. 1. All applications, certificates and orders of revocation necessary for the purposes of this article shall be upon forms prescribed pursuant to agreement among the state commissioner of corrections and community supervision, the chairman of the state bo…

§ 706. Certificate not to be deemed to be a pardon. Nothing contained in this article shall be deemed to alter or limit or affect the manner of applying for pardons to the governor, and no certificate issued hereunder shall be deemed or construed to be a pardon.

§ 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 regula…

§ 71-a. Transitional accountability plan. Upon admission of an incarcerated individual committed to the custody of the department under an indeterminate or determinate sentence of imprisonment, the department shall develop a transitional accountability plan. Such plan shall be a…

§ 72. Confinement of persons by the department. 1. Except as otherwise provided in this section, all persons committed, transferred, certified to or placed in the care or custody of the department shall be confined in institutions maintained by the department until paroled, condi…

* § 72-a. Community treatment facilities. 1. Transfer of eligible incarcerated individual. Notwithstanding the provisions of section seventy-two of this chapter, any incarcerated individual confined in a correctional facility who is an "eligible incarcerated individual" as defin…

§ 72-b. Discharge of incarcerated individuals to adult care facilities. 1. An incarcerated individual about to be discharged to an adult home, enriched housing program or residence for adults, as defined in section two of the social services law, shall be referred only to such h…

§ 72-c. Placement of individuals with children. 1. In determining placement for a person in custody of the department, whenever practicable the commissioner shall place such person in the correctional institution or facility which is located in closest proximity to the primary p…

§ 73. Residential treatment facilities. 1. The commissioner may transfer any incarcerated individual of a correctional facility who is eligible for community supervision or who will become eligible for community supervision within six months after the date of transfer or who has…

§ 74. Discharge on holidays, Saturdays and Sundays. Where the date of release on parole or conditional release, or where the date of discharge from the care or custody of the department, falls on Saturday or Sunday, it shall be deemed to fall on the preceding Friday. Where the d…

§ 75. Notice of voting rights. Prior to the release from a correctional facility of any person the department shall notify such person verbally and in writing, that his or her voting rights will be restored upon release and provide such person with a form of application for vote…

§ 750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) "Private employer" means any pers…

§ 751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to …

§ 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denie…

§ 753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors: (a) The public policy of …

§ 754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a wr…

§ 755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules. 2. In relation to actions by private employers, the provisions of …

§ 76. Notice of transitional services for incarcerated individuals released from correctional facilities. 1. (a) Prior to the release of an incarcerated individual from a correctional facility, the department shall provide such incarcerated individual with information on transit…

§ 78. Discharge plans. The department, in consultation with the office of children and family services, shall provide discharge plans for juvenile offenders and adolescent offenders who are released to parole or post-release supervision, which are tailored to address their indiv…

§ 79. Leasing of state institutions to cities or counties for the confinement of prisoners. 1. The commissioner is hereby authorized and empowered to lease to any city or county, upon such terms and conditions as he may deem appropriate, all or any part of any state correctional…

§ 79-a. Closure of correctional facilities; notice. Before the closure of any correctional facility,, for reasons other than those set forth in paragraph (a) of subdivision eight of section forty-five of this chapter, the commissioner shall take the following actions: 1. confer …

§ 79-b. Adaptive reuse plan for consideration prior to prison closure. Not later than six months prior to the effective date of closure of a correctional facility, the commissioner of economic development shall, in consultation with the commissioner, the commissioners of civil s…

* § 8. Testing of certain applicants for employment. 1. Any applicant for employment with the department as a correction officer at a facility of the department, shall be tested in accordance with the requirements of this section. 2. The department is hereby authorized to conduc…

§ 800. Applicability. The provisions of this article shall apply, to the exclusion of all other provisions of this chapter relating to good behavior allowances, where sentence has been imposed pursuant to the provisions of the penal law as enacted by chapter ten hundred thirty o…

* § 803. Good behavior allowances against indeterminate and\ndeterminate sentences. 1. (a) Every person confined in an institution of\nthe department or a facility in the department of mental hygiene serving\nan indeterminate or determinate sentence of imprisonment, except a\npe…

§ 803-a. Certain calculations. Notwithstanding the provisions of any other law, no merit time allowance accrued, earned or credited to any person, pursuant to any existing or former section eight hundred three of this article, while in the custody of the commissioner, shall be w…

§ 803-b. Limited credit time allowances for incarcerated individuals\nserving indeterminate or determinate sentences imposed for specified\noffenses. 1. Definitions. As used in this section the following terms\nshall have the following meanings:\n (a) "eligible offender" means a…

§ 804. Good behavior allowances against definite sentences. 1. Every person confined in an institution serving a definite sentence of imprisonment may receive time allowances as discretionary reductions of the term of his sentence not to exceed in the aggregate one-third of the …

§ 804-a. Good behavior allowances for certain civil commitments. 1. Every person confined in an institution serving a civil commitment for a fixed period of time, whose release is not conditional upon any act within his power to perform, may receive time allowances as discretion…

* § 805. Earned eligibility program. Persons committed to the custody of the department under an indeterminate or determinate sentence of imprisonment shall be assigned a work and treatment program as soon as practicable. No earlier than two months prior to the incarcerated indi…

* § 806. Presumptive release program for nonviolent incarcerated individuals. 1. Notwithstanding any other provision of law to the contrary and except as provided in subdivision two of this section, an incarcerated individual who has been awarded a certificate of earned eligibil…

* § 851. Definitions. As used in this article the following terms have the following meanings: 1. "Institution" means any institution under the jurisdiction of the state department of corrections and community supervision or an institution designated by the commissioner pursuant…

* § 852. Establishment of temporary release. 1. The commissioner, guided by consideration for the safety of the community and the welfare of the incarcerated individual, shall review and evaluate all existing rules, regulations and directives relating to current temporary releas…

§ 853. Reporting and information. To ensure the accurate maintenance and availability of statistics and records with respect to participation in temporary release programs, the department shall maintain the following information relative to the operation of temporary release pro…

§ 854. Evaluation and recommendation. In recognition of the need for an independent evaluation of, and recommendations with respect to, temporary release, the commission of correction shall evaluate and assess the administration and operation of all temporary release programs co…

* § 855. Procedure for temporary release of incarcerated individuals. 1. A person confined in an institution designated for the conduct of work release programs who is an eligible incarcerated individual, may make application to the temporary release committee of the institution…

* § 856. Conduct of incarcerated individuals participating in a temporary release program. 1. An incarcerated individual who is permitted to leave the premises of an institution to participate in a temporary release program shall have on his or her person a card identifying him …