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New York Civil Rights - Article 7 - § 79-A Consequence of Sentence to Imprisonment for Life

Legal Research Home > New York Laws > New York Civil Rights (CVR) > New York Civil Rights - Article 7 - § 79-A Consequence of Sentence to Imprisonment for Life

 
    §  79-a.  Consequence of sentence to imprisonment for life.  1. Except
  as provided in  subdivisions  two  and  three,  a  person  sentenced  to
  imprisonment  for life is thereafter deemed civilly dead; provided, that
  such a person may marry while on community supervision, or after  he  or
  she has been discharged from community supervision, if otherwise capable
  of  contracting a valid marriage. A marriage contracted pursuant to this
  section by a person while he or she is on community supervision, without
  prior written approval of the commissioner of corrections and  community
  supervision,   shall   be   ground   for  revocation  of  the  community
  supervision. This section shall not be deemed to impair the validity  of
  a  marriage  between a person sentenced to imprisonment for life and his
  or her spouse.
    2. A sentence to imprisonment for life shall not be deemed to  suspend
  the  right or capacity of any person so sentenced to commence, prosecute
  or defend an action or proceeding in any  court  within  this  state  or
  before   a  body  or  officer  exercising  judicial,  quasi-judicial  or
  administrative functions within  this  state;  provided,  however,  that
  where  at  the  time  of  the commencement and during the prosecution or
  defense of such action or proceeding such person is an inmate of a state
  correctional institution, he or she shall not appear at any place  other
  than  within  the  institution for any purpose related to such action or
  proceeding unless upon a subpoena issued by the court before  whom  such
  action  or  proceeding is pending or, where such action or proceeding is
  pending before a body or officer, before a judge to whom a petition  for
  habeas  corpus  could  be  made  under  subdivision (b) of section seven
  thousand two of the civil practice law and  rules  upon  motion  of  any
  party  and  upon  a  determination  that  such  person's  appearance  is
  essential  to  the  proper  and  just  disposition  of  the  action   or
  proceeding.  Unless  the  court  orders  otherwise,  a  motion  for such
  subpoena shall be made on at least two days' notice to the  commissioner
  of corrections and community supervision.
    3.  (a)  Except  as  provided in paragraph (b), the state shall not be
  liable for any expense of or related to any such action  or  proceeding,
  including  but  not limited to the expense of or related to transporting
  the inmate to, or lodging or guarding him or her at any place other than
  in a state correctional institution. The department of  corrections  and
  community  supervision  shall  not  be  required to perform any services
  related to such action or  proceeding,  including  but  not  limited  to
  transporting  the  inmate  to  or  lodging or guarding him or her at any
  place other than a state correctional institution unless and  until  the
  department has received payment for such services.
    (b)  Where the inmate is permitted in accordance with any other law to
  proceed with the action or proceeding as a poor person  the  expense  of
  transporting  the  inmate  to,  or  lodging or guarding him at any place
  other than in a state correctional  institution  or  any  other  expense
  relating  thereto shall be a state charge; provided, however, that where
  an inmate has been granted such permission and a recovery by judgment or
  by settlement is had in his favor, the court may direct him to  pay  out
  of the recovery all or part of any sum expended by the state.
    4.  This section shall not apply to a person sentenced to imprisonment
  for an indeterminate term, having a minimum of one day and a maximum  of
  his natural life.
    Nothing  in this section shall be deemed to preclude the issuance of a
  certificate of relief from disabilities or a certificate of good conduct
  pursuant to article twenty-three of the correction law to a  person  who
  previously has been sentenced to imprisonment for life.

Last modified: February 15, 2012