New York Consolidated Laws, Correction Law - COR § 500-c. Custody and control of prisoners

<[Deemed repealed Sept. 1, 2019, pursuant to L.1984, c. 907, § 12.]>

1. Except as provided in subdivision two of this section, the sheriff of each county shall have custody of the county jail of such county.

2. In the counties within the city of New York, the city commissioner of correction shall have custody of the correctional facilities within the jurisdiction of the New York city department of correction.  In the county of Westchester, the county commissioner of correction shall have custody of all county correctional facilities.  

3. Whenever a person is committed to the custody of the sheriff, such commitment shall be deemed to be to the custody of the person designated in subdivisions one and two of this section hereinafter referred to as the chief administrative officer.

4. The chief administrative officer shall receive and safely keep in the county jail of his county each person lawfully committed to his custody pursuant to the provisions of sections five hundred-a and five hundred four of this article and any other applicable provisions of law.  Such officer shall not be held personally liable for receiving or detaining any person under and in accordance with a commitment issued by a judicial officer;  nor shall he, without lawful authority, let any such person out of jail.

5. All persons confined in a county jail or penitentiary shall, as far as practicable, be allowed to converse with their counsel, or religious advisor, under such reasonable regulations and restrictions as the chief administrative officer may fix.  The chief administrative officer may prevent all other conversation by any prisoner in the jail when he shall deem it necessary and proper.

6. Notwithstanding any other provision of law, in the county of Onondaga all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest, for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Onondaga county jail.

7. A sheriff, the New York city commissioner of correction, or the Westchester county commissioner of correction, as the case may be, shall maintain an institutional fund account on behalf of every lawfully sentenced inmate or prisoner in his custody and shall for the benefit of the person make deposits into said accounts of any prisoner funds.  As used in this section, the term “prisoner funds” means (i) funds in the possession of the prisoner at the time of admission into the institution;  (ii) funds earned by a prisoner as provided in section one hundred eighty-seven of this chapter;  and (iii) any other funds received by or on behalf of the prisoner and deposited with such sheriff or municipal official in accordance with the written procedures established by the commission.  Whenever the total value of unencumbered funds in a prisoner's account exceeds ten thousand dollars, such sheriff or official shall give written notice to the office of victim services.

8. A sheriff, the New York city commissioner of correction, or the Westchester county commissioner of correction, as the case may be, shall provide written notice to all inmates serving a definite sentence for a specified crime defined in paragraph (e) of subdivision one of section six hundred thirty-two-a of the executive law who may be subject to any requirement to report to the office of victim services any funds of a convicted person as defined in section six hundred thirty-two-a of the executive law , the procedures for such reporting and any potential penalty for a failure to comply.

9. Notwithstanding any other provision of law, in the county of Erie all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Erie county holding center or the Erie county correctional facility.

10. Notwithstanding any other provision of law, in the county of Yates all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Yates county jail.

11. [Formerly subd. 10, added by L.2003, c. 171, § 2, renumbered subd. 11 by L.2004, c. 555, § 4 .  See, also, subd. 11, below.] Notwithstanding any other provision of law, in the county of Cortland, all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff.

11. [Added by L.2004, c. 559 .  See, also, subd. 11, above.] Notwithstanding any other provision of law, in the county of Putnam, all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Putnam county jail.

12. Notwithstanding any other provision of law, in the county of Warren all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Warren county jail.

13. [As added by L.2005, c. 84 .  See, also, subd. 13 below.] Notwithstanding any other provision of law, in the county of Niagara, all of the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment, prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Niagara county jail.

13. [As added by L.2005, c. 258 .  See, also, subd. 13 above.] Notwithstanding any other provision of law, in the county of Genesee all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Genesee county jail.

14. Notwithstanding any other provision of law, in the county of Allegany all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Allegany county correctional facility.

15. Notwithstanding any other provision of law, in the county of Seneca all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Seneca county correctional facility.

16. [As added by L.2010, c. 249 .  See, also, subd. 16 below.] Notwithstanding any other provision of law, in the county of Montgomery all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Montgomery county correctional facility.

16. [As added by L.2010, c. 260 .  See, also, subd. 16 above.] Notwithstanding any other provision of law, in the county of Chautauqua all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Chautauqua county correctional facility.

17. Notwithstanding any other provision of law, in the county of Ontario all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Ontario county correctional facility.

18. Notwithstanding any other provision of law, in the county of Albany, all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Albany county correctional facility.

19. Notwithstanding any other provision of law, in the county of Jefferson, all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Jefferson county correctional facility.

20. [As added by L.2015, c. 321, § 1 .  See, also, subd. 20 as added by another act.] Notwithstanding any other provision of law, in the county of Livingston all provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Livingston county correctional facility.

20. [As added by L.2015, c. 442, § 1 .  See, also, subd. 20 as added by another act.] Notwithstanding any other provision of law, in the county of Schenectady all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Schenectady county correctional facility.

21. [As added by L.2016, c. 173 .  See, also, subds. 21 below.] Notwithstanding any other provision of law, in the county of Washington all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Washington county correctional facility.

21. [As added by L.2016, c. 189 .  See, also, subds. 21 above and below.] Notwithstanding any other provision of law, in the county of Fulton all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Fulton county correctional facility.

21. [As added by L.2016, c. 210 .  See, also, subds. 21 above.] Notwithstanding any other provision of law, in the county of Orleans all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Orleans county jail.

22. Notwithstanding any other provision of law, in the county of Essex all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Essex county correctional facility.

23. Notwithstanding any other provision of law, in the county of Oneida, all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person has been judicially committed to the custody of the sheriff and such person may be held in the Oneida county correctional facility.

24. Notwithstanding any other provision of law, in the county of Otsego all the provisions of this section shall equally apply in any case where the sheriff is holding a person under arrest for arraignment prior to commitment, as if such person had been judicially committed to the custody of the sheriff and such person may be held in the Otsego county jail.


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