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, the sentence and commitment or certificate of conviction, or a certified copy thereof, and a copy of any order of protection pursuant to section 380.65 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, 2019
* (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, the sentence and commitment or certificate of conviction, or a certified copy thereof, and a copy of any order of protection pursuant to section 380.65 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 September 1, 2019
* (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 copy of the probation report and a copy of the fingerprint records of the inmate.
* NB Effective until September 1, 2019
* (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, 2019
(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.
Last modified: February 3, 2019