Anthony J. Annucci
Executive Deputy Commissioner
Department of Correctional Services
Building 2
1220 Washington Avenue
Albany, NY 12226-2050

Carol D. Swan
Extradition Specialist

SENTENCING REVIEW UNIT: CORRECTIONAL LAW

§5. Department of correctional services; commissioner

The commissioner is hereby authorized and empowered to convert the sentence of a person serving an indeterminate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, to a determinate sentence of imprisonment equal to two thirds of the maximum or aggregate maximum term imposed where such conversion is necessary to make such person eligible for transfer either to federal custody or to foreign countries under treaties that provide for the voluntary transfer of such persons on the execution of penal sentences entered into by the government of the United States with foreign countries.

�����������§ 71. Persons received into the custody of the department.

1. [Eff. until Sept. 30, 2005, as amended by L. 1995, c. 3. See, also, opening par. below.] 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:
   

1. [Eff. until Sept. 30, 2005. See, also, opening par. above.] Persons committed to the custody of then 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: [See main volume for (a) and (b)]
   
   L 1998, chs. 56 to 58 subject to litigation. See LTitle page.
   
   
   1. 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 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.
      
      
   2. The commissioner shall promulgate rules and regulations setting forth the procedures by which an inmate may apply to 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's application for transfer. Nothing herein shall be construed to confer upon an inmate a right to be a 1 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 Justice for 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.
      
      
   3. 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.