Section 601. Delivery of commitment with inmate; payment of fees for transportation  


Latest version.
  • * (a) Whenever an  inmate  shall  be  delivered  to  the  superintendent   of   a  state  correctional  facility  pursuant  to  an
      indeterminate or determinate sentence, the officer  so  delivering  such
      inmate  shall  deliver  to  such superintendent, a certified copy of the
      sentence, a certificate of  conviction  and  a  copy  of  any  order  of
      protection or temporary order of protection issued against the inmate at
      the  time  of  sentencing  pursuant  to  section  380.70 of the criminal
      procedure law received by such officer from the clerk of  the  court  by
      which such inmate shall have been sentenced, a copy of the report of the
      probation  officer's  investigation  and  report or a detailed statement
      covering the facts relative to the crime and previous history  certified
      by  the district attorney, a copy of the inmate's fingerprint records, a
      detailed summary of available medical records, psychiatric  records  and
      reports relating to assaults, or other violent acts, attempts at suicide
      or  escape  by the inmate while in the custody of the local correctional
      facility; any such medical or psychiatric records in the possession of a
      health care provider other than the local correctional facility shall be
      summarized in detail and forwarded by such health care provider  to  the
      medical  director  of  the  appropriate state correctional facility upon
      request; the superintendent shall present to such officer a  certificate
      of  the  delivery  of  such  inmate,  and  the  fees of such officer for
      transporting such inmate shall be paid from the treasury upon the  audit
      and  warrant  of  the  comptroller.  Whenever  an inmate of the state is
      delivered  to  a  local  facility,  the  superintendent  shall   forward
      summaries of such records to the local facility with the inmate.
        * NB Effective until September 1, 2011
        * (a) Whenever an inmate shall be delivered to the superintendent of a
      state  correctional facility pursuant to an indeterminate or determinate
      sentence, the officer so delivering such inmate shall  deliver  to  such
      superintendent,  a  certified  copy  of  the  sentence  received by such
      officer from the clerk of the court by which such inmate shall have been
      sentenced, a copy of any order  of  protection  or  temporary  order  of
      protection  issued  against the inmate at the time of sentencing, a copy
      of the report of the probation officer's investigation and report  or  a
      detailed statement covering the facts relative to the crime and previous
      history  certified  by  the  district  attorney,  a copy of the inmate's
      fingerprint records, a detailed summary of  available  medical  records,
      psychiatric  records  and reports relating to assaults, or other violent
      acts, attempts at suicide or escape by the inmate while in  the  custody
      of  the  local  correctional  facility;  any such medical or psychiatric
      records in the possession of a health care provider other than the local
      correctional facility shall be summarized in  detail  and  forwarded  by
      such  health  care  provider  to the medical director of the appropriate
      state correctional  facility  upon  request;  the  superintendent  shall
      present  to  such  officer a certificate of the delivery of such inmate,
      and the fees of such officer for transporting such inmate shall be  paid
      from  the  treasury  upon  the  audit  and  warrant  of the comptroller.
      Whenever an inmate of the state is delivered to a  local  facility,  the
      superintendent  shall  forward  summaries  of  such records to the local
      facility with the inmate.
        * NB Effective September 1, 2011
        * (b) Whenever an inmate is sentenced by a court of this state  to  an
      indeterminate  sentence,  but  the  inmate  is immediately returned to a
      correctional facility under the jurisdiction of the United States or  of
      a  sister  state,  the  clerk of the court shall immediately send to the
      commissioner of the department a certified copy of the sentence, a  copy
    
      of  the  probation  report  and a copy of the fingerprint records of the
      inmate.
        * NB Effective until September 1, 2011
        * (b)  Whenever  an inmate is sentenced by a court of this state to an
      indeterminate or determinate sentence, but  the  inmate  is  immediately
      returned to a correctional facility under the jurisdiction of the United
      States  or  of  a sister state, the clerk of the court shall immediately
      send to the commissioner of the  department  a  certified  copy  of  the
      sentence,  a  copy of the probation report and a copy of the fingerprint
      records of the inmate.
        * NB Effective September 1, 2011
        (c) In order to comply with section five hundred-b of this chapter, to
      afford appropriate precautions for the personal safety  and  welfare  of
      persons in custody, and to foster the safety, security and good order of
      the local correctional facility, a sheriff upon the lawful commitment of
      a  person to his custody may request, and a sheriff to whom such request
      is made shall deliver, such information in his possession  or  summaries
      thereof  as  specified  in  subdivision  (a)  of  this  section with the
      exception of medical and psychiatric records which  would  be  forwarded
      pursuant to subdivision (d) of this section.
        (d)  Any  medical or psychiatric records in the possession of a health
      care provider shall be summarized in detail and forwarded by such health
      care  provider  to  the  medical  director  of   the   receiving   local
      correctional  facility  upon  the  request  of  such  sheriff or medical
      director.  Requests  for  such  information  shall  be  made  when   the
      information is necessary for the timely and effective medical evaluation
      or treatment.
        (e) A copy of any order of protection issued by any court against such
      inmate pursuant to article five hundred thirty of the criminal procedure
      law  or  article eight of the family court act at the time of sentencing
      or which thereafter be issued shall accompany any commitment.
        (f) Information, however received, pursuant to  subdivisions  (c)  and
      (d)  of  this  section which is confidential as required by law shall be
      kept confidential by  the  party  receiving  such  information  and  any
      limitation  on  the  release of such information imposed by law upon the
      party furnishing the information shall also apply to the party receiving
      such information. Any disclosure of confidential material made  pursuant
      to  this section shall be limited to that information which is necessary
      in light of the reason for disclosure.
        (g) The state commission of correction shall  promulgate  a  rule  and
      regulation  which  prescribes  the manner in which confidential material
      shall be transmitted between local correctional facilities.