Legislation
SECTION 650.10
Securing attendance of prisoner in this state as witness in proceeding without the state
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE R, ARTICLE 650
§ 650.10 Securing attendance of prisoner in this state as witness in
proceeding without the state.
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
corrections and community supervision, 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 or her 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 or her testimony, proper
safeguards on his or her 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 or her judgment it is necessary, to enter into such
agreements with the appropriate authorities of the demanding
jurisdiction as he or she determines necessary to ensure proper
compliance with the order of the court.
proceeding without the state.
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
corrections and community supervision, 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 or her 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 or her testimony, proper
safeguards on his or her 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 or her judgment it is necessary, to enter into such
agreements with the appropriate authorities of the demanding
jurisdiction as he or she determines necessary to ensure proper
compliance with the order of the court.