Section 79. Forfeiture of office and suspension of civil rights  


Latest version.
  • 1. Except
      as provided in subdivision two a sentence of  imprisonment  in  a  state
      correctional  institution  for any term less than for life or a sentence
      of imprisonment in a state correctional institution for an indeterminate
      term, having a minimum of  one  day  and  a  maximum  of  natural  life,
      forfeits  all  the  public offices, and suspends, during the term of the
      sentence, all the civil rights, and all private  trusts,  authority,  or
      powers of, or held by, the person sentenced.
        2.  A sentence of imprisonment in a state correctional institution for
      any term less than for life or a sentence of  imprisonment  in  a  state
      correctional  institution for an indeterminate term, having a minimum of
      one day and a maximum of natural life shall not be deemed to suspend the
      right or capacity of any person so sentenced to commence  and  prosecute
      an  action or proceeding in any court within this state or before a body
      or  officer  exercising  judicial,  quasi-judicial   or   administrative
      functions  within  this state; provided, however, that where at the time
      of the commencement  and  during  the  prosecution  of  such  action  or
      proceeding such person is an inmate of a state correctional institution,
      he  shall  not appear at any place other than within the institution for
      any purpose related to such action or proceeding unless upon a  subpoena
      issued by the court before whom such action or proceeding is pending or,
      where  such  action  or  proceeding is pending before a body or officer,
      before a judge to whom a petition for habeas corpus could be made  under
      subdivision  (b) of section seven thousand two of the civil practice law
      and rules upon motion of any party and upon a  determination  that  such
      person's  appearance  is essential to the proper and just disposition of
      the action or proceeding. Unless the court orders  otherwise,  a  motion
      for  such  subpoena  shall  be  made on at least two days' notice to the
      commissioner of correctional services.
        3. (a) Except as provided in paragraph (b), the  state  shall  not  be
      liable  for  any expense of or related to any such action or proceeding,
      including but not limited to the expense of or related  to  transporting
      the  inmate  to, or lodging or guarding him at any place other than in a
      state correctional institution. The Department of Correctional  Services
      shall  not be required to perform any services related to such action or
      proceeding, including but not limited to transporting the inmate  to  or
      lodging  or  guarding  him  at any place other than a state correctional
      institution unless and until the Department  has  received  payment  for
      such services.
        (b)  Where the inmate is permitted in accordance with any other law to
      proceed with the action or proceeding as a poor person  the  expense  of
      transporting  the  inmate  to,  or  lodging or guarding him at any place
      other than in a state correctional  institution  or  any  other  expense
      relating  thereto shall be a state charge; provided, however, that where
      an inmate has been granted such permission and a recovery by judgment or
      by settlement is had in his favor, the court may direct him to  pay  out
      of the recovery all or part of any sum expended by the state.