Section 92*2. 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 state
      department of correction 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 state department of
      correction upon request of the head of the county  or  city  institution
      and approval of the state commissioner of correction.
        3.  Inmates  who  are  deemed  committed  to  the custody of the state
      department of correction under subdivision one of this section,  or  who
      may  be  transferred  to  the care of the state department of correction
      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
      state department of correction.
        4. In the event any such agreement is cancelled, inmates delivered  to
      the  state  department  of  correction 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  state
      department  of  correction  under such agreement after the date on which
      such cancellation becomes effective.
        * NB Effective September 1, 2011