State Codes and Statutes

Statutes > New-york > Cor > Article-20 > 500-c

* §  500-c. Custody and control of prisoners. 1. Except as provided in  subdivision two of this section, the sheriff of each county  shall  have  custody of the county jail of such county.    2.  In the counties within the city of New York, the city commissioner  of correction shall have custody of the correctional  facilities  within  the  jurisdiction  of the New York city department of correction. In the  county of Westchester, the county commissioner of correction shall  have  custody of all county correctional facilities.    3.  Whenever a person is committed to the custody of the sheriff, such  commitment shall be deemed to be to the custody of the person designated  in subdivisions one and two of this section hereinafter referred  to  as  the chief administrative officer.    4.  The  chief administrative officer shall receive and safely keep in  the county jail of his county each  person  lawfully  committed  to  his  custody  pursuant  to the provisions of sections five hundred-a and five  hundred four of this article and any other applicable provisions of law.  Such officer shall not  be  held  personally  liable  for  receiving  or  detaining any person under and in accordance with a commitment issued by  a judicial officer; nor shall he, without lawful authority, let any such  person out of jail.    5. All persons confined in a county jail or penitentiary shall, as far  as  practicable, be allowed to converse with their counsel, or religious  advisor, under such reasonable regulations and restrictions as the chief  administrative officer may fix. The  chief  administrative  officer  may  prevent all other conversation by any prisoner in the jail when he shall  deem it necessary and proper.    6.  Notwithstanding  any  other  provision  of  law,  in the county of  Onondaga all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person under arrest, for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Onondaga county jail.    7. A sheriff, the New York city commissioner  of  correction,  or  the  Westchester county commissioner of correction, as the case may be, shall  maintain  an  institutional  fund  account  on  behalf of every lawfully  sentenced inmate or prisoner in his custody and shall for the benefit of  the person make deposits into said accounts of any  prisoner  funds.  As  used  in  this section, the term "prisoner funds" means (i) funds in the  possession  of  the  prisoner  at  the  time  of  admission   into   the  institution;  (ii) funds earned by a prisoner as provided in section one  hundred eighty-seven of this chapter; and (iii) any other funds received  by or on behalf of the prisoner  and  deposited  with  such  sheriff  or  municipal official in accordance with the written procedures established  by  the  commission. Whenever the total value of unencumbered funds in a  prisoner's  account  exceeds  ten  thousand  dollars,  such  sheriff  or  official shall give written notice to the office of victim services.    8.  A  sheriff,  the  New York city commissioner of correction, or the  Westchester county commissioner of correction, as the case may be, shall  provide written notice to all inmates serving a definite sentence for  a  specified  crime  defined in paragraph (e) of subdivision one of section  six hundred thirty-two-a of the executive law who may be subject to  any  requirement  to  report  to the office of victim services any funds of a  convicted person as defined in section six hundred thirty-two-a  of  the  executive  law,  the  procedures  for  such  reporting and any potential  penalty for a failure to comply.    9. Notwithstanding any other provision of law, in the county  of  Erie  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person  may  be  held  in  the  Erie  county holding center or the Erie county correctional facility.    10. Notwithstanding any other provision of law, in the county of Yates  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may  be  held  in  the  Yates  county jail.    ** 11.  Notwithstanding  any  other provision of law, in the county of  Cortland, all of the provisions of this section shall equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed to the custody of the sheriff.    ** NB There are 2 sb 11's    ** 11.  Notwithstanding  any  other provision of law, in the county of  Putnam, all of the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for arraignment,  prior to commitment, as if such person had been judicially committed  to  the  custody  of  the  sheriff and such person may be held in the Putnam  county jail.    ** NB There are 2 sb 11's    12. Notwithstanding any other provision  of  law,  in  the  county  of  Warren  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Warren  county jail.    ** 13.  Notwithstanding  any  other provision of law, in the county of  Niagara, all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Niagara county jail.    ** NB There are 2 sb 13's    ** 13. Notwithstanding any other provision of law, in  the  county  of  Genesee  all  the  provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be held  in  the  Genesee  county jail.    ** NB There are 2 sb 13's    14.  Notwithstanding  any  other  provision  of  law, in the county of  Allegany all the provisions of this section shall equally apply  in  any  case  where the sheriff is holding a person under arrest for arraignment  prior to commitment, as if such person had been judicially committed  to  the  custody  of the sheriff and such person may be held in the Allegany  county correctional facility.    15. Notwithstanding any other provision  of  law,  in  the  county  of  Seneca  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Seneca  county correctional facility.    ** 16.  Notwithstanding  any  other provision of law, in the county of  Montgomery all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed tothe custody of the sheriff and such person may be held in the Montgomery  county correctional facility.    ** NB There are 2 sb 16's    ** 16.  Notwithstanding  any  other provision of law, in the county of  Chautauqua all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person has been judicially committed to  the custody of the sheriff and such person may be held in the Chautauqua  county correctional facility.    ** NB There are 2 sb 16's    * NB Repealed September 1, 2011

State Codes and Statutes

Statutes > New-york > Cor > Article-20 > 500-c

* §  500-c. Custody and control of prisoners. 1. Except as provided in  subdivision two of this section, the sheriff of each county  shall  have  custody of the county jail of such county.    2.  In the counties within the city of New York, the city commissioner  of correction shall have custody of the correctional  facilities  within  the  jurisdiction  of the New York city department of correction. In the  county of Westchester, the county commissioner of correction shall  have  custody of all county correctional facilities.    3.  Whenever a person is committed to the custody of the sheriff, such  commitment shall be deemed to be to the custody of the person designated  in subdivisions one and two of this section hereinafter referred  to  as  the chief administrative officer.    4.  The  chief administrative officer shall receive and safely keep in  the county jail of his county each  person  lawfully  committed  to  his  custody  pursuant  to the provisions of sections five hundred-a and five  hundred four of this article and any other applicable provisions of law.  Such officer shall not  be  held  personally  liable  for  receiving  or  detaining any person under and in accordance with a commitment issued by  a judicial officer; nor shall he, without lawful authority, let any such  person out of jail.    5. All persons confined in a county jail or penitentiary shall, as far  as  practicable, be allowed to converse with their counsel, or religious  advisor, under such reasonable regulations and restrictions as the chief  administrative officer may fix. The  chief  administrative  officer  may  prevent all other conversation by any prisoner in the jail when he shall  deem it necessary and proper.    6.  Notwithstanding  any  other  provision  of  law,  in the county of  Onondaga all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person under arrest, for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Onondaga county jail.    7. A sheriff, the New York city commissioner  of  correction,  or  the  Westchester county commissioner of correction, as the case may be, shall  maintain  an  institutional  fund  account  on  behalf of every lawfully  sentenced inmate or prisoner in his custody and shall for the benefit of  the person make deposits into said accounts of any  prisoner  funds.  As  used  in  this section, the term "prisoner funds" means (i) funds in the  possession  of  the  prisoner  at  the  time  of  admission   into   the  institution;  (ii) funds earned by a prisoner as provided in section one  hundred eighty-seven of this chapter; and (iii) any other funds received  by or on behalf of the prisoner  and  deposited  with  such  sheriff  or  municipal official in accordance with the written procedures established  by  the  commission. Whenever the total value of unencumbered funds in a  prisoner's  account  exceeds  ten  thousand  dollars,  such  sheriff  or  official shall give written notice to the office of victim services.    8.  A  sheriff,  the  New York city commissioner of correction, or the  Westchester county commissioner of correction, as the case may be, shall  provide written notice to all inmates serving a definite sentence for  a  specified  crime  defined in paragraph (e) of subdivision one of section  six hundred thirty-two-a of the executive law who may be subject to  any  requirement  to  report  to the office of victim services any funds of a  convicted person as defined in section six hundred thirty-two-a  of  the  executive  law,  the  procedures  for  such  reporting and any potential  penalty for a failure to comply.    9. Notwithstanding any other provision of law, in the county  of  Erie  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person  may  be  held  in  the  Erie  county holding center or the Erie county correctional facility.    10. Notwithstanding any other provision of law, in the county of Yates  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may  be  held  in  the  Yates  county jail.    ** 11.  Notwithstanding  any  other provision of law, in the county of  Cortland, all of the provisions of this section shall equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed to the custody of the sheriff.    ** NB There are 2 sb 11's    ** 11.  Notwithstanding  any  other provision of law, in the county of  Putnam, all of the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for arraignment,  prior to commitment, as if such person had been judicially committed  to  the  custody  of  the  sheriff and such person may be held in the Putnam  county jail.    ** NB There are 2 sb 11's    12. Notwithstanding any other provision  of  law,  in  the  county  of  Warren  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Warren  county jail.    ** 13.  Notwithstanding  any  other provision of law, in the county of  Niagara, all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Niagara county jail.    ** NB There are 2 sb 13's    ** 13. Notwithstanding any other provision of law, in  the  county  of  Genesee  all  the  provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be held  in  the  Genesee  county jail.    ** NB There are 2 sb 13's    14.  Notwithstanding  any  other  provision  of  law, in the county of  Allegany all the provisions of this section shall equally apply  in  any  case  where the sheriff is holding a person under arrest for arraignment  prior to commitment, as if such person had been judicially committed  to  the  custody  of the sheriff and such person may be held in the Allegany  county correctional facility.    15. Notwithstanding any other provision  of  law,  in  the  county  of  Seneca  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Seneca  county correctional facility.    ** 16.  Notwithstanding  any  other provision of law, in the county of  Montgomery all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed tothe custody of the sheriff and such person may be held in the Montgomery  county correctional facility.    ** NB There are 2 sb 16's    ** 16.  Notwithstanding  any  other provision of law, in the county of  Chautauqua all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person has been judicially committed to  the custody of the sheriff and such person may be held in the Chautauqua  county correctional facility.    ** NB There are 2 sb 16's    * NB Repealed September 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-20 > 500-c

* §  500-c. Custody and control of prisoners. 1. Except as provided in  subdivision two of this section, the sheriff of each county  shall  have  custody of the county jail of such county.    2.  In the counties within the city of New York, the city commissioner  of correction shall have custody of the correctional  facilities  within  the  jurisdiction  of the New York city department of correction. In the  county of Westchester, the county commissioner of correction shall  have  custody of all county correctional facilities.    3.  Whenever a person is committed to the custody of the sheriff, such  commitment shall be deemed to be to the custody of the person designated  in subdivisions one and two of this section hereinafter referred  to  as  the chief administrative officer.    4.  The  chief administrative officer shall receive and safely keep in  the county jail of his county each  person  lawfully  committed  to  his  custody  pursuant  to the provisions of sections five hundred-a and five  hundred four of this article and any other applicable provisions of law.  Such officer shall not  be  held  personally  liable  for  receiving  or  detaining any person under and in accordance with a commitment issued by  a judicial officer; nor shall he, without lawful authority, let any such  person out of jail.    5. All persons confined in a county jail or penitentiary shall, as far  as  practicable, be allowed to converse with their counsel, or religious  advisor, under such reasonable regulations and restrictions as the chief  administrative officer may fix. The  chief  administrative  officer  may  prevent all other conversation by any prisoner in the jail when he shall  deem it necessary and proper.    6.  Notwithstanding  any  other  provision  of  law,  in the county of  Onondaga all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person under arrest, for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Onondaga county jail.    7. A sheriff, the New York city commissioner  of  correction,  or  the  Westchester county commissioner of correction, as the case may be, shall  maintain  an  institutional  fund  account  on  behalf of every lawfully  sentenced inmate or prisoner in his custody and shall for the benefit of  the person make deposits into said accounts of any  prisoner  funds.  As  used  in  this section, the term "prisoner funds" means (i) funds in the  possession  of  the  prisoner  at  the  time  of  admission   into   the  institution;  (ii) funds earned by a prisoner as provided in section one  hundred eighty-seven of this chapter; and (iii) any other funds received  by or on behalf of the prisoner  and  deposited  with  such  sheriff  or  municipal official in accordance with the written procedures established  by  the  commission. Whenever the total value of unencumbered funds in a  prisoner's  account  exceeds  ten  thousand  dollars,  such  sheriff  or  official shall give written notice to the office of victim services.    8.  A  sheriff,  the  New York city commissioner of correction, or the  Westchester county commissioner of correction, as the case may be, shall  provide written notice to all inmates serving a definite sentence for  a  specified  crime  defined in paragraph (e) of subdivision one of section  six hundred thirty-two-a of the executive law who may be subject to  any  requirement  to  report  to the office of victim services any funds of a  convicted person as defined in section six hundred thirty-two-a  of  the  executive  law,  the  procedures  for  such  reporting and any potential  penalty for a failure to comply.    9. Notwithstanding any other provision of law, in the county  of  Erie  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person  may  be  held  in  the  Erie  county holding center or the Erie county correctional facility.    10. Notwithstanding any other provision of law, in the county of Yates  all  of  the  provisions of this section shall equally apply in any case  where the sheriff is holding a  person  under  arrest  for  arraignment,  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may  be  held  in  the  Yates  county jail.    ** 11.  Notwithstanding  any  other provision of law, in the county of  Cortland, all of the provisions of this section shall equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed to the custody of the sheriff.    ** NB There are 2 sb 11's    ** 11.  Notwithstanding  any  other provision of law, in the county of  Putnam, all of the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for arraignment,  prior to commitment, as if such person had been judicially committed  to  the  custody  of  the  sheriff and such person may be held in the Putnam  county jail.    ** NB There are 2 sb 11's    12. Notwithstanding any other provision  of  law,  in  the  county  of  Warren  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Warren  county jail.    ** 13.  Notwithstanding  any  other provision of law, in the county of  Niagara, all of the provisions of this section shall  equally  apply  in  any  case  where  the  sheriff  is  holding  a  person  under arrest for  arraignment, prior to commitment, as if such person had been  judicially  committed  to  the custody of the sheriff and such person may be held in  the Niagara county jail.    ** NB There are 2 sb 13's    ** 13. Notwithstanding any other provision of law, in  the  county  of  Genesee  all  the  provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be held  in  the  Genesee  county jail.    ** NB There are 2 sb 13's    14.  Notwithstanding  any  other  provision  of  law, in the county of  Allegany all the provisions of this section shall equally apply  in  any  case  where the sheriff is holding a person under arrest for arraignment  prior to commitment, as if such person had been judicially committed  to  the  custody  of the sheriff and such person may be held in the Allegany  county correctional facility.    15. Notwithstanding any other provision  of  law,  in  the  county  of  Seneca  all  the  provisions  of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed to  the custody of the sheriff and such person may be  held  in  the  Seneca  county correctional facility.    ** 16.  Notwithstanding  any  other provision of law, in the county of  Montgomery all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person had been judicially committed tothe custody of the sheriff and such person may be held in the Montgomery  county correctional facility.    ** NB There are 2 sb 16's    ** 16.  Notwithstanding  any  other provision of law, in the county of  Chautauqua all the provisions of this section shall equally apply in any  case where the sheriff is holding a person under arrest for  arraignment  prior  to commitment, as if such person has been judicially committed to  the custody of the sheriff and such person may be held in the Chautauqua  county correctional facility.    ** NB There are 2 sb 16's    * NB Repealed September 1, 2011