Section 5. Department of correctional services; commissioner

1. There shall
  be  in  the  state government a department of correctional services. The
  head of  the  department  shall  be  the  commissioner  of  correctional
  services, who shall be appointed by the governor, by and with the advice
  and  consent  of  the  senate,  and  hold  office at the pleasure of the
  governor by whom he was appointed and until his successor  is  appointed
  and has qualified.
    2.  The  commissioner  of  correctional  services  shall  be the chief
  executive officer of the department.
    3. The principal office of the  department  of  correctional  services
  shall be in the county of Albany.
    4.  The commissioner is hereby authorized and empowered to convert the
  sentence of a person serving an indeterminate sentence of  imprisonment,
  except  a  person  serving  a  sentence  with  a  maximum  term  of life
  imprisonment,  to  a  determinate  sentence  of  imprisonment  equal  to
  two-thirds  of  the maximum or aggregate maximum term imposed where such
  conversion is necessary to make such person eligible for transfer either
  to federal custody or to foreign countries under treaties  that  provide
  for  the  voluntary  transfer  of such persons on the execution of penal
  sentences entered into by the  government  of  the  United  States  with
  foreign countries.
    5.  The  commissioner  upon  request,  may  in  his or her discretion,
  authorize the purchase and presentation of a flag of the  state  of  New
  York  to  the  person designated to dispose of the remains of a deceased
  correction officer.
    6. The commissioner shall have the discretion to enter into agreements
  with the commissioner of mental health for  the  provision  of  security
  services relating to article ten of the mental hygiene law.