Section 92. Effect of agreement for custody of definite sentence inmates  


Latest version.
  • 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