92 - Effect of agreement for custody of definite sentence inmates. - New York Statutes

* § 92. Effect of agreement for custody of definite sentence inmates. 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 inmate who is serving a term of imprisonment covered by the agreement imposed prior to the filing of such agreement, and any inmate 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. Inmates 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 inmates committed to the custody of the department. 4. In the event any such agreement is cancelled, inmates 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 inmates. 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 inmates 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, 2011 * § 92. Effect of agreement for custody of definite sentence inmates. 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 correction and shall be so construed and interpreted irrespective of the institution or agency to which the commitments are made. 2. Any inmate who is serving a term of imprisonment covered by the agreement imposed prior to the filing of such agreement, and any inmate 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 correction upon request of the head of the county or city institution and approval of the state commissioner of correction. 3. Inmates who are deemed committed to the custody of the state department of correction under subdivision one of this section, or who may be transferred to the care of the state department of correction under subdivision two of this section, shall be dealt with in all respects in the same manner as inmates committed to the custody of the state department of correction. 4. In the event any such agreement is cancelled, inmates delivered to the state department of correction 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 inmates. A copy of the notice of cancellation shall be filed with the secretary of state and with the clerks of courts inthe manner provided in subdivision four of section ninety-one of this article, and no inmates shall be delivered to the custody of the state department of correction under such agreement after the date on which such cancellation becomes effective. * NB Effective September 1, 2011