* § 91. Agreements for custody of definite sentence incarcerated individuals. 1. The commissioner may enter into an agreement with any county or with the city of New York to provide for custody by the department of persons who receive definite sentences of imprisonment with terms in excess of ninety days who otherwise would serve such sentences in the jail, workhouse, penitentiary or other local correctional institution maintained by such locality; provided, however, that a person committed to the custody of the department pursuant to an agreement established by this section, except a person committed pursuant to an agreement with the city of New York, shall be delivered to a reception center designated by the commissioner for an initial processing period which shall be no longer than seven days, and thereafter, shall be transferred to a general confinement correctional facility located in the same county or in a county adjacent to the county where such person would otherwise be committed to a local correctional facility. In the event, however, that exigent circumstances related to health, safety or security arise which require the immediate transfer of an incarcerated individual to a different facility not within the county or adjacent county, then the department shall, as soon thereafter as practicable, arrange for such incarcerated individual to be returned to the jurisdiction of the county from which he or she was committed.

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2. Any such agreement, except one that is made with the city of New York, may be made with the sheriff, warden, superintendent, local commissioner of correction or other person in charge of such county institution and shall be subject to the approval of the chief executive officer of the county. An agreement made with the city of New York may be made with the commissioner of correction of that city and shall be subject to the approval of the mayor.

3. An agreement made under this section shall require the locality to pay the cost of treatment, maintenance and custody furnished by the department, and the costs incurred under subdivision two or three of section one hundred twenty-five of this chapter relating to the provision of clothing, money and transportation upon release or discharge of incarcerated individuals delivered to the department pursuant to the agreement, and shall contain at least the following provisions:

(a) A provision specifying the minimum length of the term of imprisonment of persons who may be received by the department under the agreement, which may be any term in excess of ninety days agreed to by the parties and which need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the department or to any of its institutions during the pendency of such agreement for delivery of incarcerated individuals to the department by officers of the locality, and that the provisions of section six hundred two of this chapter or of any similar law shall not apply for delivery of incarcerated individuals during such time;

(c) Designation of the correctional facility or facilities to which persons under sentences covered by the agreement are to be delivered;

(d) A provision requiring the department to provide transitional services upon the release of persons committed to the custody of the department pursuant to an agreement established by this section;

(e) Any other provision the commissioner may deem necessary or appropriate; and

(f) A provision giving either party the right to cancel the agreement by giving the other party notice in writing, with cancellation to become effective on such date as may be specified in such notice.

4. Notwithstanding any other provision of law, the commissioner shall be authorized to grant, withhold, cause to be forfeited, or cancel time allowances as provided in and in compliance with section eight hundred four of this chapter.

5. A copy of such agreement shall be filed with the secretary of state and with the clerk of each court having jurisdiction to impose sentences covered by the agreement in the county or city to which it applies.

* NB Effective until September 1, 2025

* § 91. Agreements for custody of definite sentence incarcerated individuals. 1. The state commissioner of corrections and community supervision may enter into an agreement with any county or with the city of New York to provide for custody by the state department of corrections and community supervision of persons who receive definite sentences of imprisonment with terms in excess of ninety days who otherwise would serve such sentences in the jail, workhouse, penitentiary or other local correctional institution maintained by such locality.

2. Any such agreement, except one that is made with the city of New York, may be made with the sheriff, warden, superintendent, local commissioner of correction or other person in charge of such county institution and shall be subject to the approval of the chief executive officer of the county. An agreement made with the city of New York may be made with the commissioner of correction of that city and shall be subject to the approval of the mayor.

3. An agreement made under this section shall not require the locality to pay the cost of treatment, maintenance and custody furnished by the state department of corrections and community supervision and shall contain at least the following provisions:

(a) A provision specifying the minimum length of the term of imprisonment of persons who may be received by the state department of corrections and community supervision under the agreement, which may be any term in excess of ninety days agreed to by the parties and which need not be the same in each agreement;

(b) A provision that no charge will be made to the state or to the state department of corrections and community supervision or to any of its institutions during the pendency of such agreement for delivery of incarcerated individuals to the state department of corrections and community supervision by officers of the locality, and that the provisions of section six hundred two of this chapter or of any similar law shall not apply for delivery of incarcerated individuals during such time;

(c) A provision that no charge shall be made to or shall be payable by the state during the pendency of such agreement for the expense of maintaining parole violators pursuant to § 259-i of the executive law, for the expense of maintaining coram nobis prisoners pursuant to section six hundred one-b of this chapter, or for the expense of maintaining felony prisoners pursuant to section six hundred one-c of this chapter;

(d) A provision, approved by the state comptroller, for reimbursement of the state department of corrections and community supervision by the locality for expenses incurred under subdivision two or three of section one hundred twenty-five of this chapter relating to clothing, money and transportation furnished upon release or discharge of incarcerated individuals delivered to the state department of corrections and community supervision pursuant to the agreement;

(e) Designation of the correctional facility or facilities to which persons under sentences covered by the agreement are to be delivered;

(f) Any other provision the state commissioner of corrections and community supervision may deem necessary or appropriate; and

(g) A provision giving either party the right to cancel the agreement by giving the other party notice in writing, with cancellation to become effective on such date as may be specified in such notice.

4. A copy of such agreement shall be filed with the secretary of state and with the clerk of each court having jurisdiction to impose sentences covered by the agreement in the county or city to which it applies.

* NB Effective September 1, 2025