N.Y. PEN. LAW § 70.20 : NY Code - Section 70.20: Place of imprisonment

Search N.Y. PEN. LAW § 70.20 : NY Code - Section 70.20: Place of imprisonment

* 1.  (a) Indeterminate or determinate sentence. Except as provided in
  subdivision four of this section, when an indeterminate  or  determinate
  sentence  of  imprisonment  is  imposed,  the  court  shall  commit  the
  defendant to  the  custody  of  the  state  department  of  correctional
  services  for  the  term  of  his  or her sentence and until released in
  accordance with the law; provided, however, that a  defendant  sentenced
  pursuant to subdivision seven of section 70.06 shall be committed to the
  custody  of  the state department of correctional services for immediate
  delivery to a reception center operated by the department.
    (b) The court in committing a defendant who is not yet eighteen  years
  of  age  to  the department of correctional services shall inquire as to
  whether the parents or legal guardian of the defendant, if present, will
  grant to the minor the capacity to consent to  routine  medical,  dental
  and mental health services and treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits  a defendant who is not yet eighteen years of age to the custody
  of the department of  correctional  services  in  accordance  with  this
  section  and  no  medical  consent  has  been  obtained  prior  to  said
  commitment, the commitment order shall be deemed to grant  the  capacity
  to  consent  to  routine  medical, dental and mental health services and
  treatment to the person so committed.
    (d) Nothing in this subdivision  shall  preclude  a  parent  or  legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on notice to the department of correctional services pursuant to
  article twenty-two of the civil practice law and rules and  section  one
  hundred  forty  of  the  correction  law,  objecting to routine medical,
  dental or mental health services and treatment being  provided  to  such
  inmate under the provisions of paragraph (b) of this subdivision.
    (e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  defendant  is authorized by law to consent on his or her own
  behalf to any medical, dental, and mental health service or treatment.
    * NB Effective until September 1, 2011
    * 1. (a) Indeterminate sentence. Except  as  provided  in  subdivision
  four  of this section, when an indeterminate sentence of imprisonment is
  imposed, the court shall commit the defendant  to  the  custody  of  the
  state  department  of  correctional  services for the term of his or her
  sentence and until released in accordance with the law.
    (b) The court in committing a defendant who is not yet eighteen  years
  of  age  to  the department of correctional services shall inquire as to
  whether the parents or legal guardian of the defendant, if present, will
  grant to the minor the capacity to consent to  routine  medical,  dental
  and mental health services and treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits  a defendant who is not yet eighteen years of age to the custody
  of the department of  correctional  services  in  accordance  with  this
  section  and  no  medical  consent  has  been  obtained  prior  to  said
  commitment, the commitment order shall be deemed to grant  the  capacity
  to  consent  to  routine  medical, dental and mental health services and
  treatment to the person so committed.
    (d) Nothing in this subdivision  shall  preclude  a  parent  or  legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on notice to the department of correctional services pursuant to
  article twenty-two of the civil practice law and rules and  section  one
  hundred  forty  of  the  correction  law,  objecting to routine medical,
  dental or mental health services and treatment being  provided  to  such
  inmate under the provisions of paragraph (b) of this subdivision.

    (e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  defendant  is authorized by law to consent on his or her own
  behalf to any medical, dental, and mental health service or treatment.
    * NB Effective September 1, 2011
    2.  Definite  sentence. Except as provided in subdivision four of this
  section, when a definite sentence of imprisonment is imposed, the  court
  shall  commit  the  defendant  to  the  county  or regional correctional
  institution  for  the  term  of  his  sentence  and  until  released  in
  accordance with the law.
    2-a.  Sentence of life imprisonment without parole. When a sentence of
  life imprisonment without parole is imposed, the court shall commit  the
  defendant  to  the  custody  of  the  state  department  of correctional
  services for the remainder of the life of the defendant.
    * 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who is subject to an undischarged term of  imprisonment,  imposed  at  a
  previous  time  by  a  court of another jurisdiction, is sentenced to an
  additional term or terms of imprisonment by a court of this state to run
  concurrently with such undischarged term,  as  provided  in  subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate  official  of  the  other  jurisdiction  shall  be  deemed a
  commitment for such portion of the term or terms of the sentence imposed
  by the court of this state as shall not  exceed  the  said  undischarged
  term.  The  defendant  shall  be  committed  to the custody of the state
  department of correctional services if the additional term or terms  are
  indeterminate  or  determinate  or to the appropriate county or regional
  correctional institution if the said term or terms are definite for such
  portion of the term or terms of the sentence  imposed  as  shall  exceed
  such undischarged term or until released in accordance with law. If such
  additional  term  or  terms  imposed shall run consecutively to the said
  undischarged term, the defendant  shall  be  committed  as  provided  in
  subdivisions one and two of this section.
    * NB Effective until September 1, 2011
    * 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who  is  subject  to  an undischarged term of imprisonment, imposed at a
  previous time by a court of another jurisdiction,  is  sentenced  to  an
  additional term or terms of imprisonment by a court of this state to run
  concurrently  with  such  undischarged  term, as provided in subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate official  of  the  other  jurisdiction  shall  be  deemed  a
  commitment for such portion of the term or terms of the sentence imposed
  by  the  court  of  this state as shall not exceed the said undischarged
  term. The defendant shall be committed  to  the  custody  of  the  state
  department  of correctional services if the additional term or terms are
  indeterminate or to the  appropriate  county  or  regional  correctional
  institution  if  the said term or terms are definite for such portion of
  the term  or  terms  of  the  sentence  imposed  as  shall  exceed  such
  undischarged  term  or  until  released  in accordance with law. If such
  additional term or terms imposed shall run  consecutively  to  the  said
  undischarged  term,  the  defendant  shall  be  committed as provided in
  subdivisions one and two of this section.
    * NB Effective September 1, 2011
    4. (a) Notwithstanding any other provision of law to the  contrary,  a
  juvenile  offender, or a juvenile offender who is adjudicated a youthful
  offender and given an indeterminate or a  definite  sentence,  shall  be
  committed  to  the custody of the director of the division for youth who
  shall arrange for the confinement of such offender in secure  facilities
  of  the  division.  The  release  or transfer of such offenders from the

  division for youth shall be governed by section five  hundred  eight  of
  the executive law.
    (b)  The court in committing a juvenile offender and youthful offender
  to the custody of the division for youth shall inquire as to whether the
  parents or legal guardian of the youth, if present, will consent for the
  division to provide routine medical, dental and mental  health  services
  and treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits  an  offender  to  the  custody  of  the  division  for youth in
  accordance with this section and no medical consent  has  been  obtained
  prior  to said commitment, the commitment order shall be deemed to grant
  consent for the division for  youth  to  provide  for  routine  medical,
  dental  and  mental  health  services  and  treatment to the offender so
  committed.
    (d) Nothing in this subdivision  shall  preclude  a  parent  or  legal
  guardian of an offender who is not yet eighteen years of age from making
  a  motion  on  notice  to  the  division  for  youth pursuant to article
  twenty-two of the civil practice law  and  rules  objecting  to  routine
  medical,  dental  or mental health services and treatment being provided
  to  such  offender  under  the  provisions  of  paragraph  (b)  of  this
  subdivision.
    (e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  offender  is  authorized by law to consent on his or her own
  behalf to any medical, dental and mental health service or treatment.
    5. Subject  to  regulations  of  the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.