Section 91. Agreements for custody of definite sentence inmates

1. The
  commissioner may enter into an agreement with any  county  or  with  the
  city of New York to provide for custody by the department of persons who
  receive  definite  sentences  of  imprisonment  with  terms in excess of
  ninety days who otherwise  would  serve  such  sentences  in  the  jail,
  workhouse,   penitentiary   or   other  local  correctional  institution
  maintained by such locality; provided, however, that a person  committed
  to the custody of the department pursuant to an agreement established by
  this  section,  except  a person committed pursuant to an agreement with
  the city  of  New  York,  shall  be  delivered  to  a  reception  center
  designated  by  the  commissioner for an initial processing period which
  shall be no longer than seven days, and thereafter, shall be transferred
  to a general confinement  correctional  facility  located  in  the  same
  county  or  in  a  county adjacent to the county where such person would
  otherwise be committed to a local correctional facility. In  the  event,
  however,  that  exigent  circumstances  related  to  health,  safety  or
  security arise which require the immediate transfer of an  inmate  to  a
  different  facility  not  within the county or adjacent county, then the
  department shall, as soon thereafter as practicable,  arrange  for  such
  inmate to be returned to the jurisdiction of the county from which he or
  she was committed.
    2.  Any  such  agreement, except one that is made with the city of New
  York, may be  made  with  the  sheriff,  warden,  superintendent,  local
  commissioner  of  correction  or  other  person in charge of such county
  institution and shall be subject to the approval of the chief  executive
  officer  of  the county. An agreement made with the city of New York may
  be made with the commissioner of correction of that city  and  shall  be
  subject to the approval of the mayor.
    3.  An agreement made under this section shall require the locality to
  pay the cost of treatment, maintenance  and  custody  furnished  by  the
  department,  and  the  costs  incurred under subdivision two or three of
  section  one  hundred  twenty-five  of  this  chapter  relating  to  the
  provision   of  clothing,  money  and  transportation  upon  release  or
  discharge of  inmates  delivered  to  the  department  pursuant  to  the
  agreement, and shall contain at least the following provisions:
    (a)  A  provision  specifying  the  minimum  length  of  the  term  of
  imprisonment of persons who may be received by the department under  the
  agreement,  which  may be any term in excess of ninety days agreed to by
  the parties and which need not be the same in each agreement;
    (b) A provision that no charge will be made to the  state  or  to  the
  department  or  to  any  of its institutions during the pendency of such
  agreement for delivery of inmates to the department by officers  of  the
  locality,  and  that  the  provisions of section six hundred two of this
  chapter or of any similar law shall not apply for  delivery  of  inmates
  during such time;
    (c)  Designation  of  the correctional facility or facilities to which
  persons under sentences covered by the agreement are to be delivered;
    (d) A provision  requiring  the  department  to  provide  transitional
  services  upon  the  release  of persons committed to the custody of the
  department pursuant to an agreement established by this section;
    (e) Any  other  provision  the  commissioner  may  deem  necessary  or
  appropriate; and
    (f)  A provision giving either party the right to cancel the agreement
  by giving the other party notice in writing, with cancellation to become
  effective on such date as may be specified in such notice.
    4. Notwithstanding any other provision of law, the commissioner  shall
  be  authorized to grant, withhold, cause to be forfeited, or cancel time

  allowances as provided in and in compliance with section  eight  hundred
  four of this chapter.
    5. A copy of such agreement shall be filed with the secretary of state
  and with the clerk of each court having jurisdiction to impose sentences
  covered by the agreement in the county or city to which it applies.
    * NB Effective until September 1, 2011