Section 650.10. Securing attendance of prisoner in this state as witness in proceeding without the state  


Latest version.
  • If a judge of a court of record in any other state, which by its  laws
      has made provision for commanding a prisoner within that state to attend
      and  testify  in this state, certifies under the seal of that court that
      there is a criminal prosecution pending in such court or  that  a  grand
      jury  investigation  has  commenced, and that a person confined in a New
      York state correctional institution or prison within the  department  of
      correction,  other than a person confined as criminally mentally ill, or
      as a defective delinquent, or  confined  in  the  death  house  awaiting
      execution,  is  a  material witness in such prosecution or investigation
      and that his presence is required for a specified number of  days,  upon
      presentment  of  such  certificate to a judge of a superior court in the
      county where the  person  is  confined,  upon  notice  to  the  attorney
      general,  such judge, shall fix a time and place for a hearing and shall
      make an order directed to the person  having  custody  of  the  prisoner
      requiring that such prisoner be produced at the hearing.
        If  at  such  hearing  the  judge  determines  that  the prisoner is a
      material and necessary witness in the requesting state, the judge  shall
      issue an order directing that the prisoner attend in the court where the
      prosecution  or investigation is pending, upon such terms and conditions
      as the judge prescribes, including among other things, provision for the
      return of the prisoner  at  the  conclusion  of  his  testimony,  proper
      safeguards  on  his custody, and proper financial reimbursement or other
      payment by the demanding jurisdiction for all expenses incurred  in  the
      production and return of the prisoner.
        The attorney general is authorized as agent for the state of New York,
      when in his judgment it is necessary, to enter into such agreements with
      the   appropriate  authorities  of  the  demanding  jurisdiction  as  he
      determines necessary to ensure proper compliance with the order  of  the
      court.