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DESIGNATION OF INSTITUTIONS
100.6
CHAPTER III
Designation and Classication of Institutions and
Commitment to the Department
PART 100
DESIGNATION AND CLASSIFICATION OF CORRECTIONAL FACILITIES
(Statutory authority: Correction Law, 70, 71, 89, 112, 137, 138, 139, 652)
Historical Note
Part ( 100.1-100.27) led July 1, 1968; renum. Part 5100, new added by renum. Part 200,
led Sept. 24, 1970 e. immediately.
100.2 - 100.4
Historical Note
Secs. led July 1, 1968; renum. 5100.2-5100.4, led Sept. 24, 1970 e. immediately.
100.7
100.7 Beacon Correctional Facility.
(a) There shall be in the department an institution to be known as Beacon Correctional Facility, which shall be located on the site of the former Training Academy of the Fishkill Correctional Facility (known as building 60), in the Town of Beacon, Dutchess County, New York.
(b) Beacon Correctional Facility shall be a minimum security correctional facility, to be used
as a general connement facility for females 16 years of age or older.
Historical Note
Sec. led July 1, 1968; renum. 5100.7, led Sept. 24, 1970; new led: April 25, 1991 as
emergency measure; June 26, 1991 e. July 17, 1991.
100.8
Historical Note
Sec. led July 1, 1968; renum. 5100.8, led Sept. 24, 1970; new led: Aug. 3, 1992 as
emergency measure; Oct. 5, 1992; repealed, led July 16, 2012 e. Aug. 1, 2012.
100.9
Historical Note
Sec. led July 1, 1968; renum. 5100.9, led Sept. 24, 1970 e. immediately.
100.11
Historical Note
Sec. led July 1, 1968; renum. 5100.11, led Sept. 24, 1970; new led Aug. 27, 1980; repealed, led Oct. 31, 1984 e. Oct. 31, 1984.
100.12 - 100.14
Historical Note
Secs. led July 1, 1968; renum. 5100.12-5100.14, led Sept. 24, 1970 e. immediately.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.22
(c) Clinton Correctional Facility shall be classied as a maximum security correctional facility to be used for the following functions:
(1) general connement;
(2) reception center for males who are between 16 and 21 years of age, at the time of
sentencing;
(3) reception center for males 21 years of age or older;
(4) detention center; and
(5) diagnostic and treatment center.
Historical Note
Sec. led July 1, 1968; renum. 5100.15, new added by renum. 200.15, led Sept. 24, 1970;
amds. led: Aug. 14, 1973; Dec. 29, 1976; Jan. 12, 1977; Jan. 26, 1981; Nov. 24, 1981; April
1, 1988 as emergency measure, expired 60 days after ling; June 8, 1988; Oct. 31, 1990 as
emergency measure; Jan. 8, 1991; Feb. 14, 1996; Feb. 23, 2009 e. March 11, 2009. Repealed
(d).
100.16
Historical Note
Sec. led July 1, 1968; renum. 5100.16, new added by renum. 200.16, led Sept. 24, 1970;
repealed, led Aug. 31, 1973; new led July 25, 1975; amds. led: Nov. 16, 1977; Jan. 19,
1978; April 27, 1981; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.
100.17 - 100.19
Historical Note
Secs. led July 1, 1968; renum. 5100.17-5100.19, led Sept. 24, 1970 e. immediately.
100.21
Historical Note
Sec. led July 1, 1968; renum. 5100.21, new added by renum. 200.21, led Sept. 24, 1970;
amd. led Feb. 14, 1996; repealed, led Sept. 24, 2008 e. Oct. 15, 2008.
100.22
Historical Note
Sec. led July 1, 1968; renum. 5100.22, new added by renum. 200.22, led Sept. 24, 1970;
repealed, led Aug. 31, 1973 e. immediately.
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100.23
100.23 - 100.24
Historical Note
Secs. led July 1, 1968; renum. 5100.23-5100.24, led Sept. 24, 1970 e. immediately.
100.26
Historical Note
Sec. led July 1, 1968; renum. 5100.26, new added by renum. 200.26, led Sept. 24, 1970;
repealed, new led Aug. 31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.
100.27
Historical Note
Sec. led July 1, 1968; renum. 5100.27, led Sept. 24, 1970; new led Aug. 31, 1973; amd.
led Nov. 24, 1978; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.50
100.55
100.55 Eastern New York Correctional Facility.
(a) There shall be in the department an institution to be known as Eastern New York Correctional Facility, which shall be located at Napanoch in Ulster County, New York, and which
shall consist of the property under the jurisdiction of the department at that location.
(b) Eastern New York Correctional Facility shall be classied as a maximum security correctional facility, to be used as a general connement facility for males 16 years of age or older.
Historical Note
Sec. added by renum. 200.55, led Sept. 24, 1970; amds. led: Aug. 31, 1973; Nov. 24,
1978; July 3, 1979; Nov. 24, 1981 e. Nov. 24, 1981. Amended (b).
100.56
Historical Note
Sec. added by renum. 200.56, led Sept. 24, 1970; repealed, led Aug. 31, 1973; new led
July 3, 1979; repealed, led Dec. 28, 1981 e. Dec. 28, 1981.
100.60
Historical Note
Sec. added by renum. 200.60, led Sept. 24, 1970; repealed, led Aug. 31, 1973; new led
April 25, 1976; amds. led: Dec. 11, 1980; March 31, 1992 as emergency measure; June 25,
1992 as emergency measure e. June 25, 1992; June 25, 1992; repealed, led July 16, 2012
e. Aug. 1, 2012.
100.65
Historical Note
Sec. added by renum. 200.65, led Sept. 24, 1970; repealed, new led Aug. 31, 1973; amds.
led: July 25, 1975; Sept. 10, 1975; Aug. 17 and 31, 1976; Nov. 4, 1976; Feb. 3, 1978; Nov.
24, 1978; March 21, 1979; Oct. 8, 1981; Nov. 24, 1981; Dec. 28, 1981; Aug. 12, 1982; Aug.
17, 1984; May 4, 1989 as emergency measure; July 18, 1989; Jan. 31, 1991 as emergency
measure; April 15, 1991; April 25, 1991 as emergency measure; June 26, 1991; Jan. 10, 1997;
repealed, new led Feb. 9, 2011; repealed, led July 16, 2012 e. Aug. 1, 2012.
100.67
Historical Note
Sec. led: Sept. 11, 1987 as emergency measure, expired 60 days after ling; Dec. 1, 1987;
amds. led: Aug. 3, 1988 as emergency measure, expired 60 days after ling; Nov. 10, 1988;
May 15, 1992 as emergency measure; July 17, 1992; repealed, led July 16, 2012 e. Aug. 1,
2012.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.73
(c) Moriah Correctional Facility shall be classied as a minimum security correctional facility, to be used as a shock incarceration and general connement facility.
Historical Note
Sec. led: Feb. 9, 1989 as emergency measure; April 27, 1989; May 4, 1989 as emergency
measure e. May 10, 1989.
100.71
Historical Note
Sec. added by renum. 200.71, led Sept. 24, 1970; repealed, led Aug. 31, 1973; new led
Dec. 16, 1977; amds. led: Nov. 24, 1981; Dec. 1, 1987 as emergency measure; repealed, led
July 16, 2012 e. Aug. 1, 2012.
100.73
Historical Note
Sec. led: Aug. 1, 1989 as emergency measure; Oct. 2, 1989; amds. led: June 20, 1990 as
emergency measure; Sept. 4, 1990; May 15, 1992 as emergency measure; July 17, 1992; repealed, led July 26, 2007 e. Aug. 15, 2007.
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100.74
100.74 Ulster Correctional Facility.
(a) There shall be in the department an institution to be known as Ulster Correctional Facility, which shall be located in the Town of Wawarsing, Ulster County, New York.
(b) Ulster Correctional Facility shall be classied as a medium security correctional facility
to be used for the following purposes:
(1) general connement facility for males 16 years of age or older;
(2) detention center;
(3) reception center for males between 16 and 21 years of age at the time of sentencing;
and
(4) reception center for males 21 years of age or older.
Historical Note
Sec. led: Sept. 6, 1990 as emergency measure; Oct. 31, 1990 as emergency measure; Jan.
8, 1991 e. Jan. 23, 1991.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.83
(2) reception center for all females committed to the custody of the department, by any
court in this State, under indeterminate or determinate sentences;
(3) detention center; and
(4) diagnostic and treatment center.
Historical Note
Sec. added by renum. 200.80, led Sept. 24, 1970; amds. led: July 15, 1971; Aug. 31,
1973; Nov. 24, 1978; Aug. 27, 1980; Aug. 19, 1983 as emergency measure; Nov. 3, 1983;
Feb. 14, 1996; June 4, 2008 e. June 18, 2008. Amended (c).
100.83
(3) [Reserved].
Historical Note
Sec. led Aug. 17, 1976; amds. led: Nov. 24, 1978; April 1, 1982; July 14, 1982; Dec. 24,
1986 as emergency measure, expired 60 days after ling; March 23, 1987; Dec. 1, 1987 as
emergency measure; July 5, 1991 as emergency measure; Oct. 30, 1991 as emergency measure; Oct. 30, 1991; March 17, 2010; Oct. 15, 2012 e. Oct. 31, 2012. Added (c)(2).
100.85 - 100.86
Historical Note
Secs. added by renum. 200.85-200.86, led Sept. 24, 1970; repealed, led July 15, 1971.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.95
100.91
Historical Note
Sec. added by renum. 200.91, led Sept. 24, 1970; repealed, new led Aug. 31, 1973; repealed, led May 20, 1974; new led May 24, 1974; repealed, led Nov. 24, 1978 e. Nov.
24, 1978.
100.93
Historical Note
Sec. led Sept. 25, 1973; amd. led Nov. 24, 1981; repealed, led Aug. 5, 1986 as emergency measure; made permanent by order led Sept. 30, 1986 e. Sept. 30, 1986.
11
100.95
(b) Bayview Correctional Facility shall be a correctional facility for females 16 years of age
or older.
(c) Bayview Correctional Facility shall be classied as a medium security correctional facility, to be used for the following functions:
(1) general connement facility;
(2) residential treatment facility;
(3) detention center; and
(4) work release facility.
Historical Note
Sec. led Aug. 12, 1974; amd. led April 20, 1976; renum. 100.96 new added by renum.
100.94, led Oct. 31, 1977; amds. led: July 3, 1979; May 22, 1981; July 8, 1981; Feb. 6,
1984; Dec. 19, 1990 as emergency measure; March 11, 1991 e. March 27, 1991. Amended
(c).
100.97
Historical Note
Sec. led March 22, 1976; renum. 100.98, new added by renum. 100.96, led Oct. 31,
1977; amd. led March 24, 1981; repealed, led Nov. 24, 1981 e. Nov. 24, 1981.
100.98
Historical Note
Sec. led March 17, 1976; amd. led April 20, 1976; renum. 100.100, new added by renum.
100.97, led Oct. 31, 1977; amd. led April 1, 1982; repealed, led July 16, 2012 e. Aug. 1,
2012.
12
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.104
(c) Hale Creek shall be classied as a medium security facility to be used as alcohol and
substance abuse treatment annex for the purpose of providing alcohol and substance abuse treatment, and as a general connement facility.
Historical Note
Sec. led June 15, 1976; renum. 100.101, new led Oct. 31, 1977; repealed, led Nov. 24,
1978; new led May 22, 1981; repealed, led Aug. 11, 1982; new led March 17, 2010 e.
April 7, 2010.
100.102
Historical Note
Sec. led Nov. 24, 1981; amds. led: Dec. 30, 1983; Jan. 2, 1991 as emergency measure;
March 11, 1991; repealed, led May 16, 2000 e. May 31, 2000.
100.103
Historical Note
Sec. led July 8, 1982; amds. led: July 30, 1982; Oct. 7, 1983; Nov. 14, 1983; Dec. 15,
1983; May 23, 1984 as emergency measure, expired 60 days after ling; July 30, 1984; repealed, led Jan. 10, 1997 e. Jan. 29, 1997.
13
100.104
shall consist of property under the jurisdiction of the department and formerly under the jurisdiction of the New York State Oce of Mental Health at that location.
(b) Ogdensburg Correctional Facility shall be a correctional facility for males 16 years of age
or older.
(c) Ogdensburg Correctional Facility shall be classied as a medium security facility, to be
used as a general connement facility.
Historical Note
Sec. led Nov. 4, 1982; amd. led Feb. 6, 1984 e. Feb. 6, 1984. Amended (a).
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.112
property under the jurisdiction of the department, formerly known as the Northern Adirondack
Central School.
(b) Altona Correctional Facility shall be a correctional facility for males 16 years of age or
older.
(c) Altona Correctional Facility shall be classied as a medium security facility, to be used as
a general connement facility.
Historical Note
Sec. led Feb. 28, 1983; amds. led: April 23, 1984 as emergency measure, expired 60 days
after ling; June 27, 1984 e. June 27, 1984. Amended (c).
100.110
Historical Note
Sec. led Oct. 7, 1983 as emergency measure, expired Nov. 15, 1983; new added by renum.
100.112, led Dec. 1983; amd. led Dec. 23, 1998; repealed, led June 6, 2011 e. June 22,
2011.
100.112
Historical Note
Sec. led Nov. 3, 1983; renum. 100.110, led Dec. 1983; new led May 4, 1989 as emergency measure; amd. led July 18, 1989; repealed, new led: April 25, 1991 as emergency
measure; June 26, 1991; repealed, led: July 27, 1993 as emergency measure, expired 90 days
after ling; Oct. 26, 1993 as emergency measure e. Oct. 26, 1993; Oct. 26, 1993 e. Nov. 10,
1993.
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15
100.113
100.113 Greene Correctional Facility.
(a) There shall be in the department an institution to be known as Greene Correctional Facility, which shall be located in the Town of Coxsackie, in Greene County, and which shall consist
of property under the jurisdiction of the department.
(b) Greene Correctional Facility shall be a correctional facility for males 16 years of age or
older.
(c) Greene Correctional Facility shall be classied as a medium security facility, to be used as
a general connement facility.
Historical Note
Sec. led: Aug. 17, 1984 as emergency measure, expired 60 days after ling; Oct. 31, 1984
e. Oct. 31, 1984.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.121
100.120
Historical Note
Sec. led: Jan. 5, 1988 as emergency measure, expired 60 days after ling; March 17, 1988;
repealed, led July 16, 2012 e. Aug. 1, 2012.
17
100.121
(c) Cape Vincent Correctional Facility shall be classied as a medium security facility, to be
used as a general connement facility.
Historical Note
Sec. led: Aug. 17, 1988 as emergency measure, expired 60 days after ling; Oct. 28, 1988
as emergency measure; Oct. 28, 1988; amds. led: May 26, 1993 as emergency measure; Aug.
2, 1993; April 10, 2007 e. April 25, 2007. Amended (c), repealed (d).
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CHAPTER III
DESIGNATION OF INSTITUTIONS
100.130
100.126
Historical Note
Sec. led: Sept. 6, 1990 as emergency measure, expired 90 days after ling; Dec. 19, 1990
as emergency measure; Dec. 19, 1990; amds. led: March 31, 1992 as emergency measure;
June 25, 1992 as emergency measure; June 25, 1992; Sept. 25, 1992; July 20, 2007; June 15,
2009; repealed, led March 17, 2010 e. April 7, 2010.
19
100.130
(b) Five Points Correctional Facility shall be a correctional facility for males 18 years of age
or older; provided, however, that males between the ages of 16 and 18 may be placed therein in
accordance with Part 110 of this Title.
(c) Five Points Correctional Facility shall be classied as a maximum security facility, to be
used as a general connement facility.
Historical Note
Sec. led Oct. 4, 2000 e. Oct. 18, 2000.
PART 101
Historical Note
Part ( 101.1-101.4) led July 1, 1968; renum. Part 5101, new added by renum. Part 201
( 201.1-201.10), led Sept. 24, 1970; repealed, new ( 101.1-101.2) led: Dec. 20, 1972;
Aug. 31, 1973; Part (Designation and Classication of the State Hospital for the Mentally Ill
in the Department of Correctional Services, 101.1-101.2) repealed, led Nov. 24, 1978 e.
Nov. 24, 1978.
PART 102
Historical Note
Part ( 102.1-102.11) added by renum. Part 202, led Sept. 24, 1970; repealed, led Dec.
20, 1972; new Part ( 102.1-102.3) led Aug. 31, 1973; Part (Designation and Classication
of the Institution for the Retarded in the Department of Correctional Services, 102.1102.2) repealed, led Nov. 24, 1978 e. Nov. 24, 1978.
20
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CHAPTER III
DESIGNATION OF INSTITUTIONS
103.10
PART 103
ORDERS DESIGNATING INSTITUTIONS TO WHICH PERSONS
COMMITTED TO CUSTODY OF THE STATE DEPARTMENT OF
CORRECTIONAL SERVICES ARE TO BE DELIVERED
(Statutory authority: Correction Law, 70, 71, 112, 400, 430, 652)
Historical Note
Part ( 103.1-103.50) added by renum. Part 203, led Sept. 24, 1970 e. immediately.
103.6
Historical Note
Sec. led Oct. 7, 1983 as emergency measure, expired Nov. 15, 1983.
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21
103.15
103.15 Females sentenced by courts to the department.
Every female person committed to the custody of the department, under a sentence of imprisonment by any court in the State, shall be delivered to the Bedford Hills Correctional Facility located at Bedford Hills, New York.
Historical Note
Sec. added by renum. 203.15, led Sept. 24, 1970; repealed, led July 15, 1971; new led
Dec. 26, 1972.
103.16
Historical Note
Sec. led July 15, 1971; repealed, led Dec. 26, 1972.
103.20
Historical Note
Sec. added by renum. 203.20, led Sept. 24, 1970; repealed, led July 15, 1971.
103.25
Historical Note
Sec. added by renum. 203.25, led Sept. 24, 1970; repealed, new led: Dec. 26, 1972; Aug.
31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.
103.30
Historical Note
Sec. added by renum. 203.30, led Sept. 24, 1970; repealed, led July 15, 1971; new led
Dec. 26, 1972; repealed, led Aug. 31, 1973 e. immediately.
103.31
Historical Note
Sec. led July 15, 1971; repealed, led Dec. 26, 1972.
103.35
Historical Note
Sec. added by renum. 203.35, led Sept. 24, 1970; amd. led Sept. 7, 1972; repealed, new
led: Dec. 26, 1972; Aug. 31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.
103.40
Historical Note
Sec. added by renum. 203.40, led Sept. 24, 1970; repealed, new led: Dec. 26, 1972; Aug.
31, 1973; repealed, led Nov. 24, 1978 e. Nov. 24, 1978.
103.45
Historical Note
Sec. added by renum. 203.45, led Sept. 24, 1970; amd. led July 1, 1971; repealed, led
Dec. 26, 1972; new led Dec. 17, 1974; amd. led Feb. 14, 1996; repealed, led June 29, 2009
e. July 15, 2009.
103.50
Historical Note
Sec. added by renum. 203.50, led Sept. 24, 1970; repealed, led Dec. 26, 1972.
22
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CHAPTER III
DESIGNATION OF INSTITUTIONS
104.3
PART 104
ORDERS DESIGNATING INSTITUTIONS TO WHICH PERSONS
RETURNED TO INSTITUTIONS UNDER JURISDICTION OF STATE
DEPARTMENT OF CORRECTIONAL SERVICES FOR VIOLATION OF
PAROLE OR CONDITIONAL OR OTHER RELEASE ARE TO BE
DELIVERED
(Statutory authority: Correction Law, 70, 71, 112, 138)
Historical Note
Part ( 104.1-104.3) added by renum. Part 204, led Sept. 24, 1970 e. immediately.
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23
CHAPTER III
DESIGNATION OF INSTITUTIONS
105.1
PART 105
DESIGNATION AND CLASSIFICATION OF DRUG TREATMENT
CAMPUSES
(Statutory authority: Correction Law, 2, 70)
Historical Note
Part ( 105.1) led June 30, 1997 e. July 16, 1997.
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25
CHAPTER III
DESIGNATION OF INSTITUTIONS
120.10
PART 110
INTERPRETATION OF AGE RANGE PROVISIONS
(Statutory authority: Correction Law, 70, 71, 112, 137, 400, 430)
Historical Note
Part ( 110.1) added by renum. Part 150, led Dec. 17, 1974 e. immediately.
PART 120
Historical Note
Part led Dec. 17, 1974; repealed, led Jan. 9, 1979; new ( 120.1) led Aug. 17, 1988 as
emergency measure; repealed, led Jan. 10, 1997 e. Jan. 29, 1997.
120.1
Historical Note
Sec. led: Aug. 17, 1988 as emergency measure, expired 60 days after ling; Oct. 28, 1988
as emergency measure; Oct. 28, 1988; repealed, led Jan. 10, 1997 e. Jan. 29, 1997.
120.5
Historical Note
Sec. led Dec. 17, 1964; repealed, led Jan. 9, 1979.
120.10
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
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27
120.15
120.15
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.20
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.25
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.30
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.35
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.40
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
120.45
Historical Note
Sec. led Dec. 17, 1974; repealed, led Jan. 9, 1979.
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CHAPTER III
DESIGNATION OF INSTITUTIONS
130.2
PART 130
TRANSFER OF FOREIGN NATIONALS
(Statutory authority: Correction Law, 70.1-b, 71, 71.1-a, b, c, 112, 139)
Historical Note
Part ( 130.1-130.2) led March 20, 1997 e. April 9, 1997.
130.1 Purpose.
(a) The purpose of this regulation is to provide a uniform procedure for voluntary transfer of
incarcerated foreign nationals to home countries under treaty arrangements with the U.S. Government and in accordance with New York State Correction Law.
(b) Correction Law, section 5(4) authorizes the commissioner to convert the sentence of a
person serving an indeterminate sentence, except for a person serving a sentence with a maximum
term of life imprisonment, to a derminate sentence equal to two-thirds of the maximum or aggregate maximum term imposed where such conversion is necessary to make the person eligible for
transfer to Federal custody for transfer to foreign countries under treaties that provide for voluntary transfers.
(c) Correction Law, section 71 confers on the commissioner, or his designee, the sole and
absolute authority to approve or disapprove an inmate's application for international transfer.
Nothing herein shall be construed to confer upon any inmate a right to be transferred to the
custody of a foreign nation.
Historical Note
Sec. led March 20, 1997; amds. led: May 16, 2000; May 16, 2011 e. June 1, 2011.
Amended (b).
130.2 Procedure.
(a) Reception. Newly received inmates who are identied as foreign nationals of treaty nations shall, as part of the reception process, be advised of the existence of prisoner transfer treaties and the possibility of the initiation of a transfer request.
(b) Law libraries. To inform all prisoners who are citizens of another country, each general
connement facility law library shall contain:
(1) a copy of this regulation and New York State Correction Law;
(2) a listing of nations that have prisoner transfer treaties with the United States;
(3) the most recent Amnesty International report describing prison conditions in each
treaty nation;
(4) other information on prison conditions in treaty nations published by the United Nations, the U.S. Department of State, or human rights organizations, if available; and
(5) to the extent practicable, information on each treaty nation's provisions for the reduction of terms of sentence, or a listing of ocials in the U.S. Department of Justice or the
embassy of the foreign country to whom an inmate may write for information.
(c) Application. (1) An inmate who wishes to be considered for voluntary transfer must
complete and sign the transfer request form and forward it to the facility superintendent.
(2) Upon receipt, the superintendent shall forward a copy to the executive deputy
commissioner.
(3) Upon assessment of eligibility, the executive deputy commissioner, or designee shall
forward the request to the commissioner, or designee, along with a recommendation and copies of:
(i) the inmate's request;
(ii) sentence conversion certicate (see subdivision [d] of this section);
(iii) a copy of the sentence and commitment order;
(iv) a copy of the most recent legal date computation printout;
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29
130.2
(v) a copy of the statute(s) under which the inmate was convicted;
(vi) a copy of the nal order of deportation against the inmate from the U.S. Immigration and Customs Enforcement;
(vii) description of the inmate's intake interview;
(viii) inmate family and residence information; and
(ix) any other forms or information that may be required by the foreign country or
treaty.
(d) Conversion of indeterminate sentence to determinate sentence. Where it is necessary to
convert an indeterminate sentence to a determinate sentence in order to make an applicant eligible
for international transfer, the sentence shall be calculated as equal to two-thirds of the maximum
or aggregate maximum term imposed. Indeterminate sentences with a maximum term of life
imprisonment may not be converted to a determinate sentence.
(e) Commissioner's decision. Within 30 days of receipt, the commissioner, or designee,
shall acknowledge receipt of the application. If the application is approved, the commissioner, or
designee, shall follow the procedure set forth in subdivision (f) of this section. If the application
is disapproved, the inmate and referring superintendent shall be so advised.
Note:
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CHAPTER III
DESIGNATION OF INSTITUTIONS
155.2
(6) The inmate must be convicted of a crime which is generally punishable as a crime
under the laws of the other country.
(7) The inmate, the commissioner, the United States Department of Justice, and the receiving country must all consent to the inmate's transfer.
(8) The inmate must have received an order of deportation from the U.S. Immigration and
Custom Enforcement.
(k) Rescission of approval. The commissioner may withdraw prior approval of a transfer
application if the inmate engages in criminal conduct or any serious disciplinary infraction(s) following his or her request for transfer pursuant to this regulation, or if the commissioner becomes
aware of any information which would have led to disapproval of the application.
Historical Note
Sec. led March 20, 1997; amds. led: May 16, 2000; Jan. 9, 2002; May 16, 2011 e. June
1, 2011. Amended (c)-(g), (i), (j).
PART 150
Historical Note
Part ( 150.1) added by renum. Part 205, led Sept. 24, 1970; renum. Part 110, led Dec.
17, 1974 e. immediately.
150.1
Historical Note
Sec. added by renum. 205.1, led Sept. 24, 1970; renum. 110.1, led Dec. 17, 1974 e.
immediately.
PART 155
Historical Note
Part ( 155.1-155.2) added by renum. Part 250, led Sept. 24, 1970; repealed, led Dec.
17, 1974 e. immediately.
155.1 - 155.2
Historical Note
Secs. added by renum. 250.1-250.2, led Sept. 24, 1970; repealed, led Dec. 17, 1974 e.
immediately.
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31