Section 500-C. Custody and control of prisoners  


Latest version.
  • 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 state crime victims board.
        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  crime  victims  board  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.
        * NB Repealed September 1, 2011