71 - Persons received into the custody of the department.

§ 71. Persons received into the custody of the department.    1.  * Persons  committed  to  the  custody  of the department under an  indeterminate or determinate sentence of imprisonment shall be delivered  to correctional facilities designated as reception centers in the  rules  and  regulations  of  the department. The commissioner may designate any  correctional facility as a reception center  subject,  however,  to  the  following criteria:    * NB Effective until September 1, 2011    1.  * Persons  committed  to  the  custody  of the department under an  indeterminate  or  a  reformatory  sentence  of  imprisonment  shall  be  delivered  to correctional facilities designated as reception centers in  the rules and  regulations  of  the  department.  The  commissioner  may  designate  any  correctional  facility  as  a  reception center subject,  however, to the following criteria:    * NB Effective September 1, 2011    (a) Males and females shall not be received at the  same  correctional  facility;    (b)  Males under the age of twenty-one at the time sentence is imposed  shall not be received at the same correctional facility as males who are  twenty-one or over at the time sentence is imposed.    1-a. The commissioner  shall  ensure  that  each  general  confinement  facility law library has information on international offender transfers  sufficient  to  inform those persons who are citizens of a treaty nation  of the existence of such treaties and of the means by which such persons  may initiate a request for return to the person's country of citizenship  for service of the sentence  imposed.  Such  law  libraries  shall  also  contain the most recent annual Amnesty International Report published by  Amnesty  International  describing  the  conditions  of  prisons in each  treaty nation and, to the extent practicable, other materials describing  such prison conditions published by the United  Nations,  United  States  Department  of  State or human rights organizations. In addition, to the  extent practicable, such law libraries shall contain information  either  listing each foreign country's provisions for the reduction of the terms  of confinement for penal sentences as well as the availability of inmate  programs  or,  shall  contain  a  list of officials in the United States  Department of Justice or the embassy of the foreign country to  whom  an  inmate  may  write  for  information.  To  the extent practicable, newly  received inmates who are  identified  as  foreign  nationals  of  treaty  nations  shall,  as  part  of  the  reception process, be advised of the  existence of such treaties and the possibility of the  initiation  of  a  transfer request.    1-b.  The  commissioner shall promulgate rules and regulations setting  forth the procedures by which an inmate may apply to be  considered  for  transfer  to  a foreign nation. The commissioner, or his designee, shall  retain sole and absolute authority to approve or disapprove an  inmate's  application  for  transfer.  Nothing herein shall be construed to confer  upon an inmate a  right  to  be  a  transferred  to  a  foreign  nation.  Notwithstanding  any  other  law, rule or regulation to the contrary, no  inmate application for transfer shall be processed unless the inmate has  first indicated his  willingness  and  desire  in  writing,  on  a  form  prescribed  by  the  commissioner,  to be considered for transfer to the  foreign nation. Such form shall also contain a copy of the inmate's most  recent legal date computation printout indicating the term or  aggregate  term  of the sentence originally imposed and the release dates resulting  therefrom. If a request for transfer is approved by the commissioner  or  his  designee,  facility  staff  shall  assist  in  the  preparation and  submission of all  materials  and  forms  necessary  to  effectuate  the  person's request for transfer to the United States Department of Justicefor   purposes  of  finalization  of  the  transfer  process,  including  verification proceedings before a United States  District  Court  Judge,  United  States  magistrate  or other appointed United States official to  assure and document the inmate's voluntary request for transfer.    1-c.  For  purposes  of this section, the term "treaty nation" means a  foreign country under treaty that provides for the voluntary transfer of  persons on  the  execution  of  penal  sentences  entered  into  by  the  government of the United States with foreign countries.    2.  Persons  returned  to  the  custody of the department as parole or  conditional  release  violators  shall  be  delivered  to   institutions  designated in the rules and regulations of the department.    3.  Persons  who are committed, transferred, certified to or placed in  the care or custody of the department  as  mental  defectives  shall  be  delivered  to  a special institution maintained for the care, treatment,  training and custody of mental defectives  in  accordance  with  article  seventeen of this chapter.    4.  Persons  who are committed, transferred, certified to or placed in  the care or custody of  the  department  while  mentally  ill  shall  be  delivered  to  a  special institution maintained for the care, treatment  and custody of the mentally ill in accordance with  article  sixteen  of  this chapter.    5.  The commissioner of correction shall file copies of written orders  with the clerk of each court having jurisdiction to  commit  persons  to  the  custody  of  the  department  designating the institutions to which  persons committed by such court shall be delivered. Such orders  may  be  amended  or  superseded  by  the  commissioner from time to time and any  change shall become effective immediately upon receipt by the  clerk  of  the court.    6.  A  commitment to a specified institution in the department, rather  than to the custody of the department,  which  is  valid  in  all  other  respects  shall  not  be  void  for  such  reason  but shall be deemed a  commitment to the custody of the department and the person so  committed  shall  be  conveyed  to  the  proper  institution  as prescribed by this  section.    7.  Whenever  the  department  receives  information  that  a   person  committed  to  the  department  is  a  social  services  recipient and a  certificate of conviction and the term of the sentence imposed  has  not  previously   been  delivered  by  the  sentencing  court  to  the  local  commissioner of social  services  pursuant  to  section  380.80  of  the  criminal  procedure law, the department shall deliver the certificate of  conviction and provide notification  of  the  sentence  imposed  to  the  commissioner  of  social  services.  Such commissioner shall deliver the  certificate of conviction and  the  term  of  sentence  imposed  to  the  appropriate local commissioner of social services.    8. (a) In each year in which the federal decennial census is taken but  in  which  the  United  States bureau of the census does not implement a  policy  of  reporting  incarcerated  persons  at  each   such   person's  residential   address   prior   to   incarceration,  the  department  of  correctional services shall by September first of that same year deliver  to  the   legislative   task   force   on   demographic   research   and  reapportionment  the  following information for each incarcerated person  subject to the jurisdiction of the department and located in this  state  on the date for which the decennial census reports population:    (i) A unique identifier, not including the name, for each such person;    (ii)  The  street  address  of the correctional facility in which such  person was incarcerated at the time of such report;    (iii) The residential address of such person  prior  to  incarceration  (if any); and(iv) Any additional information as the task force may specify pursuant  to law.    (b)   The  department  shall  provide  the  information  specified  in  paragraph (a) of this subdivision in such form as the  legislative  task  force on demographic research and reapportionment shall specify.