Title COR, Correction

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

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

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

§ 662. Disposition of body. 1. Prior to the execution, the convicted\nperson shall be given the opportunity to decide in writing to whom his\nor her body shall be delivered after the execution. The commissioner or\nhis or her designee shall sign and authorize the convicted perso…

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

§ 70. Establishment, use and designation of correctional facilities.\n1. (a) Except as provided in paragraphs (b) and (c) of this\nsubdivision, every institution operated by the department for the\nconfinement of persons under sentence of imprisonment, or for the\nconfinement of…

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

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

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

§ 703. Certificates of relief from disabilities issued by the\ndepartment of corrections and community supervision. 1. The department\nof corrections and community supervision shall have the power to issue a\ncertificate of relief from disabilities to:\n (a) any eligible offende…

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

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

§ 704. Effect of revocation; use of revoked certificate. 1. Where a\ncertificate of relief from disabilities is deemed to be temporary and\nsuch certificate is revoked, disabilities and forfeitures thereby\nrelieved shall be reinstated as of the date upon which the person to\nwh…

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

§ 706. Certificate not to be deemed to be a pardon. Nothing contained\nin this article shall be deemed to alter or limit or affect the manner\nof applying for pardons to the governor, and no certificate issued\nhereunder shall be deemed or construed to be a pardon.\n

§ 71. Persons received into the custody of the department.\n 1. * Persons committed to the custody of the department under an\nindeterminate or determinate sentence of imprisonment shall be delivered\nto correctional facilities designated as reception centers in the rules\nand r…

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

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

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

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

§ 72-c. Placement of individuals with children. 1. In determining\nplacement for a person in custody of the department, whenever\npracticable the commissioner shall place such person in the correctional\ninstitution or facility which is located in closest proximity to the\nprima…

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

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

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

§ 750. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n (1) "Public agency" means the state or any local subdivision thereof,\nor any state or local department, agency, board or commission.\n (2) "Private employer" means an…

§ 751. Applicability. The provisions of this article shall apply to\nany application by any person for a license or employment at any public\nor private employer, who has previously been convicted of one or more\ncriminal offenses in this state or in any other jurisdiction, and …

§ 752. Unfair discrimination against persons previously convicted of\none or more criminal offenses prohibited. No application for any license\nor employment, and no employment or license held by an individual, to\nwhich the provisions of this article are applicable, shall be de…

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

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

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

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

§ 78. Discharge plans. The department, in consultation with the office\nof children and family services, shall provide discharge plans for\njuvenile offenders and adolescent offenders who are released to parole\nor post-release supervision, which are tailored to address their\ni…

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

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

§ 79-b. Adaptive reuse plan for consideration prior to prison closure.\nNot later than six months prior to the effective date of closure of a\ncorrectional facility, the commissioner of economic development shall,\nin consultation with the commissioner, the commissioners of civi…

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

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

* § 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\nother law, no merit time allowance accrued, earned or credited to any\nperson, pursuant to any existing or former section eight hundred three\nof this article, while in the custody of the commissioner, shall b…

§ 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\nperson confined in an institution serving a definite sentence of\nimprisonment may receive time allowances as discretionary reductions of\nthe term of his sentence not to exceed in the aggregate one-third of t…

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

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

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

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

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

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

§ 854. Evaluation and recommendation. In recognition of the need for\nan independent evaluation of, and recommendations with respect to,\ntemporary release, the commission of correction shall evaluate and\nassess the administration and operation of all temporary release\nprogram…

* § 855. Procedure for temporary release of incarcerated individuals.\n1. A person confined in an institution designated for the conduct of\nwork release programs who is an eligible incarcerated individual, may\nmake application to the temporary release committee of the institut…

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