§ 390.60 Copy of reports to accompany defendant sentenced to

imprisonment.

1. Cases where copy of report is required. Whenever a person is
sentenced to a term of imprisonment, a copy of any pre-sentence report
prepared, a copy of any pre-sentence memorandum filed by the defendant
and a copy of any medical, psychiatric or social agency report submitted
to the court or to the probation department in connection with the
question of sentence must be delivered to the person in charge of the
correctional or division for youth facility to which the defendant is
committed at the time the defendant is delivered thereto. When a person
is committed to any hospital operated by the office of mental health or
referred to any program established pursuant to section four hundred one
of the correction law, from a correctional facility or division for
youth facility, the person in charge of the correctional facility or
division for youth facility shall ensure that a copy of any pre-sentence
report concerning such person, a copy of any pre-sentence memorandum
filed by such person, and a copy of any medical, psychiatric or social
agency report submitted to the court or to the probation department in
connection with the question of sentence is provided to such hospital or
program.

2. Effect of failure to deliver required report. A commitment is not
void by reason of failure to comply with the provisions of subdivision
one, but the person in charge of the correctional facility to which the
defendant has been delivered in execution of the sentence is authorized
to refuse to accept custody of such person until the required report is
delivered.