601 - Delivery of commitment with inmate; payment of fees for transportation.

§  601.  Delivery  of  commitment  with  inmate;  payment  of fees for  transportation. * (a) Whenever an  inmate  shall  be  delivered  to  the  superintendent   of   a  state  correctional  facility  pursuant  to  an  indeterminate or determinate sentence, the officer  so  delivering  such  inmate  shall  deliver  to  such superintendent, a certified copy of the  sentence, a certificate of  conviction  and  a  copy  of  any  order  of  protection or temporary order of protection issued against the inmate at  the  time  of  sentencing  pursuant  to  section  380.70 of the criminal  procedure law received by such officer from the clerk of  the  court  by  which such inmate shall have been sentenced, a copy of the report of the  probation  officer's  investigation  and  report or a detailed statement  covering the facts relative to the crime and previous history  certified  by  the district attorney, a copy of the inmate's fingerprint records, a  detailed summary of available medical records, psychiatric  records  and  reports relating to assaults, or other violent acts, attempts at suicide  or  escape  by the inmate while in the custody of the local correctional  facility; any such medical or psychiatric records in the possession of a  health care provider other than the local correctional facility shall be  summarized in detail and forwarded by such health care provider  to  the  medical  director  of  the  appropriate state correctional facility upon  request; the superintendent shall present to such officer a  certificate  of  the  delivery  of  such  inmate,  and  the  fees of such officer for  transporting such inmate shall be paid from the treasury upon the  audit  and  warrant  of  the  comptroller.  Whenever  an inmate of the state is  delivered  to  a  local  facility,  the  superintendent  shall   forward  summaries of such records to the local facility with the inmate.    * NB Effective until September 1, 2011    * (a) Whenever an inmate shall be delivered to the superintendent of a  state  correctional facility pursuant to an indeterminate or determinate  sentence, the officer so delivering such inmate shall  deliver  to  such  superintendent,  a  certified  copy  of  the  sentence  received by such  officer from the clerk of the court by which such inmate shall have been  sentenced, a copy of any order  of  protection  or  temporary  order  of  protection  issued  against the inmate at the time of sentencing, a copy  of the report of the probation officer's investigation and report  or  a  detailed statement covering the facts relative to the crime and previous  history  certified  by  the  district  attorney,  a copy of the inmate's  fingerprint records, a detailed summary of  available  medical  records,  psychiatric  records  and reports relating to assaults, or other violent  acts, attempts at suicide or escape by the inmate while in  the  custody  of  the  local  correctional  facility;  any such medical or psychiatric  records in the possession of a health care provider other than the local  correctional facility shall be summarized in  detail  and  forwarded  by  such  health  care  provider  to the medical director of the appropriate  state correctional  facility  upon  request;  the  superintendent  shall  present  to  such  officer a certificate of the delivery of such inmate,  and the fees of such officer for transporting such inmate shall be  paid  from  the  treasury  upon  the  audit  and  warrant  of the comptroller.  Whenever an inmate of the state is delivered to a  local  facility,  the  superintendent  shall  forward  summaries  of  such records to the local  facility with the inmate.    * NB Effective September 1, 2011    * (b) Whenever an inmate is sentenced by a court of this state  to  an  indeterminate  sentence,  but  the  inmate  is immediately returned to a  correctional facility under the jurisdiction of the United States or  of  a  sister  state,  the  clerk of the court shall immediately send to the  commissioner of the department a certified copy of the sentence, a  copyof  the  probation  report  and a copy of the fingerprint records of the  inmate.    * NB Effective until September 1, 2011    * (b)  Whenever  an inmate is sentenced by a court of this state to an  indeterminate or determinate sentence, but  the  inmate  is  immediately  returned to a correctional facility under the jurisdiction of the United  States  or  of  a sister state, the clerk of the court shall immediately  send to the commissioner of the  department  a  certified  copy  of  the  sentence,  a  copy of the probation report and a copy of the fingerprint  records of the inmate.    * NB Effective September 1, 2011    (c) In order to comply with section five hundred-b of this chapter, to  afford appropriate precautions for the personal safety  and  welfare  of  persons in custody, and to foster the safety, security and good order of  the local correctional facility, a sheriff upon the lawful commitment of  a  person to his custody may request, and a sheriff to whom such request  is made shall deliver, such information in his possession  or  summaries  thereof  as  specified  in  subdivision  (a)  of  this  section with the  exception of medical and psychiatric records which  would  be  forwarded  pursuant to subdivision (d) of this section.    (d)  Any  medical or psychiatric records in the possession of a health  care provider shall be summarized in detail and forwarded by such health  care  provider  to  the  medical  director  of   the   receiving   local  correctional  facility  upon  the  request  of  such  sheriff or medical  director.  Requests  for  such  information  shall  be  made  when   the  information is necessary for the timely and effective medical evaluation  or treatment.    (e) A copy of any order of protection issued by any court against such  inmate pursuant to article five hundred thirty of the criminal procedure  law  or  article eight of the family court act at the time of sentencing  or which thereafter be issued shall accompany any commitment.    (f) Information, however received, pursuant to  subdivisions  (c)  and  (d)  of  this  section which is confidential as required by law shall be  kept confidential by  the  party  receiving  such  information  and  any  limitation  on  the  release of such information imposed by law upon the  party furnishing the information shall also apply to the party receiving  such information. Any disclosure of confidential material made  pursuant  to  this section shall be limited to that information which is necessary  in light of the reason for disclosure.    (g) The state commission of correction shall  promulgate  a  rule  and  regulation  which  prescribes  the manner in which confidential material  shall be transmitted between local correctional facilities.