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This entry was published on 2023-08-25
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SECTION 500-O
Agreements for custody of incarcerated individuals from other states
Correction (COR) CHAPTER 43, ARTICLE 20
* § 500-o. Agreements for custody of incarcerated individuals from
other states. 1. The sheriff, warden, superintendent, local commissioner
of correction or other person in charge of a local correctional facility
may enter into an agreement with a correctional institution located in
another state to provide for the custody in such local correctional
facility in this state of persons sentenced to a period of imprisonment
for an offense in such other state to a term in excess of ninety days
but no more than one year. Any such agreement, except one that is made
by the city of New York, shall be subject to the approval of the county
legislature, the chief executive officer of the county and the
commission. An agreement made by the city of New York shall be subject
to the approval of the city council, the mayor and the commission.

2. Incarcerated individuals who are confined in a local correctional
facility pursuant to an agreement under this section shall be dealt with
in all respects in the same manner as incarcerated individuals committed
to the custody of a local correctional facility pursuant to paragraph
(e) of subdivision one of section five hundred-a of this article. All
rules and regulations promulgated by the commission regarding the
treatment of incarcerated individuals confined in a local correctional
facility shall be applicable to incarcerated individuals confined
pursuant to this section. An incarcerated individual confined in a local
correctional facility pursuant to an agreement under this section shall
not be deprived of any legal rights which such incarcerated individual
would have had if confined in a correctional institution in the
jurisdiction in which he or she was convicted.

3. Nothing in this section shall be construed to allow persons duly
committed and confined to a local correctional facility in this state to
serve such confinement in another state.

4. Notwithstanding subdivision one of this section, the sheriff of
Albany county may enter into an agreement with a correctional
institution located in another state to provide for the custody in the
Albany county correctional facility of persons sentenced to a period of
imprisonment in such other state to a term in excess of ninety days but
no more than two years, subject to the approval of the county
legislature, the chief executive officer and the commission.

* NB Repealed September 1, 2026