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This entry was published on 2021-04-23
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SECTION 70.20
Place of imprisonment
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 70
§ 70.20 Place of imprisonment.

* 1. (a) Indeterminate or determinate sentence. Except as provided in
subdivision four of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the
defendant to the custody of the state department of corrections and
community supervision for the term of his or her sentence and until
released in accordance with the law; provided, however, that a defendant
sentenced pursuant to subdivision seven of section 70.06 shall be
committed to the custody of the state department of corrections and
community supervision for immediate delivery to a reception center
operated by the department.

(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision shall
inquire as to whether the parents or legal guardian of the defendant, if
present, will grant to the minor the capacity to consent to routine
medical, dental and mental health services and treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment, the commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and mental health services and
treatment to the person so committed.

(d) Nothing in this subdivision shall preclude a parent or legal
guardian of an inmate who is not yet eighteen years of age from making a
motion on notice to the department of corrections and community
supervision pursuant to article twenty-two of the civil practice law and
rules and section one hundred forty of the correction law, objecting to
routine medical, dental or mental health services and treatment being
provided to such inmate under the provisions of paragraph (b) of this
subdivision.

(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.

* NB Effective until September 1, 2023

* 1. (a) Indeterminate sentence. Except as provided in subdivision
four of this section, when an indeterminate sentence of imprisonment is
imposed, the court shall commit the defendant to the custody of the
state department of corrections and community supervision for the term
of his or her sentence and until released in accordance with the law.

(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision shall
inquire as to whether the parents or legal guardian of the defendant, if
present, will grant to the minor the capacity to consent to routine
medical, dental and mental health services and treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment, the commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and mental health services and
treatment to the person so committed.

(d) Nothing in this subdivision shall preclude a parent or legal
guardian of an inmate who is not yet eighteen years of age from making a
motion on notice to the department of corrections and community
supervision pursuant to article twenty-two of the civil practice law and
rules and section one hundred forty of the correction law, objecting to
routine medical, dental or mental health services and treatment being
provided to such inmate under the provisions of paragraph (b) of this
subdivision.

(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.

* NB Effective September 1, 2023

2. Definite sentence. Except as provided in subdivision four of this
section, when a definite sentence of imprisonment is imposed, the court
shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released in
accordance with the law.

2-a. Sentence of life imprisonment without parole. When a sentence of
life imprisonment without parole is imposed, the court shall commit the
defendant to the custody of the state department of corrections and
community supervision for the remainder of the life of the defendant.

* 3. Undischarged imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term, as provided in subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a
commitment for such portion of the term or terms of the sentence imposed
by the court of this state as shall not exceed the said undischarged
term. The defendant shall be committed to the custody of the state
department of corrections and community supervision if the additional
term or terms are indeterminate or determinate or to the appropriate
county or regional correctional institution if the said term or terms
are definite for such portion of the term or terms of the sentence
imposed as shall exceed such undischarged term or until released in
accordance with law. If such additional term or terms imposed shall run
consecutively to the said undischarged term, the defendant shall be
committed as provided in subdivisions one and two of this section.

* NB Effective until September 1, 2023

* 3. Undischarged imprisonment in other jurisdiction. When a defendant
who is subject to an undischarged term of imprisonment, imposed at a
previous time by a court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term, as provided in subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a
commitment for such portion of the term or terms of the sentence imposed
by the court of this state as shall not exceed the said undischarged
term. The defendant shall be committed to the custody of the state
department of corrections and community supervision if the additional
term or terms are indeterminate or to the appropriate county or regional
correctional institution if the said term or terms are definite for such
portion of the term or terms of the sentence imposed as shall exceed
such undischarged term or until released in accordance with law. If such
additional term or terms imposed shall run consecutively to the said
undischarged term, the defendant shall be committed as provided in
subdivisions one and two of this section.

* NB Effective September 1, 2023

4. (a) Notwithstanding any other provision of law to the contrary, a
juvenile offender, adolescent offender, or a juvenile offender or
adolescent offender who is adjudicated a youthful offender, who is given
an indeterminate, determinate or a definite sentence, and who is under
the age of twenty-one at the time of sentencing, shall be committed to
the custody of the commissioner of the office of children and family
services who shall arrange for the confinement of such offender in
secure facilities of the office; provided, however if an adolescent
offender who committed a crime on or after the youth's sixteenth
birthday receives a definite sentence not exceeding one year, the judge
may order that the adolescent offender serve such sentence in a
specialized secure juvenile detention facility for older youth certified
by the office of children and family services in conjunction with the
state commission of correction and operated pursuant to section two
hundred eighteen-a of the county law. The release or transfer of such
juvenile offenders or adolescent offenders from the office of children
and family services shall be governed by section five hundred eight of
the executive law.

(a-2) Notwithstanding any other provision of law to the contrary, a
person sixteen years of age who commits a vehicle and traffic law
offense that does not constitute an adolescent offender offense on or
after October first, two thousand eighteen and a person seventeen years
of age who commits such an offense on or after October first, two
thousand nineteen who is sentenced to a term of imprisonment who is
under the age of twenty-one at the time he or she is sentenced shall be
committed to a specialized secure detention facility for older youth
certified by the office of children and family services in conjunction
with the state commission of correction.

(b) The court in committing a juvenile offender and youthful offender
to the custody of the office of children and family services shall
inquire as to whether the parents or legal guardian of the youth, if
present, will consent for the office of children and family services to
provide routine medical, dental and mental health services and
treatment.

(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the office of children and family
services in accordance with this section and no medical consent has been
obtained prior to said commitment, the commitment order shall be deemed
to grant consent for the office of children and family services to
provide for routine medical, dental and mental health services and
treatment to the offender so committed.

(d) Nothing in this subdivision shall preclude a parent or legal
guardian of an offender who is not yet eighteen years of age from making
a motion on notice to the office of children and family services
pursuant to article twenty-two of the civil practice law and rules
objecting to routine medical, dental or mental health services and
treatment being provided to such offender under the provisions of
paragraph (b) of this subdivision.

(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the offender is authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.

5. Subject to regulations of the department of health, routine
medical, dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or
nutrition, the extraction of bodily fluids for analysis, and dental care
performed with a local anesthetic. Routine mental health treatment shall
not include psychiatric administration of medication unless it is part
of an ongoing mental health plan or unless it is otherwise authorized by
law.