N.Y. Comp. Codes R. & Regs. tit. 7 § 410.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 410.1 - Statement of purpose

(a) The purpose of this Part is to implement the provisions of section 606 of the Correction Law, and section 29.28 of the Mental Hygiene Law.

(b) Section 606 of the Correction Law and section 29.28 of the Mental Hygiene Law provide for the payment of costs for the prosecution of inmates.

(1) When an inmate of an institution of the department is alleged to have committed an offense while an inmate of such institution, or when an inmate-patient as defined in section 29.27 of the Mental Hygiene Law in the Central New York Psychiatric Center who was committed from a department institution for care and treatment pursuant to the provisions of article sixteen of the correction law is alleged to have committed an offense in such facility while his or her underlying determinate or indeterminate sentence of imprisonment is still running, the State shall pay all reasonable costs for the prosecution of such offense, including but not limited to, costs for: a grand jury impaneled to hear and examine evidence of such offense, petit jurors, witnesses, the defense of any inmate or inmate patient financially unable to obtain counsel in accordance with the provisions of the County Law, the district attorney, the costs of the sheriff and the appointment of additional court attendants, officers or other judicial personnel.

(2) It shall be the duty of the board of supervisors of any county wherein such prosecution occurs to cause a sworn statement of all costs to be forwarded to the department. Upon certification by the department that such costs as authorized by this statute have been incurred, the department shall forward the proper vouchers to the State Comptroller. It shall be the duty of the Comptroller to examine such statement and to correct same by striking therefrom any and all items which are not authorized pursuant to the provisions of this section, and after correcting such statement, the Comptroller shall draw his warrant for the amount of any such costs in favor of the appropriate county treasurer, which sum shall be paid to said county treasurer out of any moneys appropriated therefore.

(c) Pursuant to the authority provided for in the Correction Law and the Mental Hygiene Law, this Part provides counties with guidelines concerning which costs associated with the prosecution and defense of a State inmate or inmate-patient are reimbursable by New York State. Provided, however, the Oneida County district attorney shall provide written notification to the commissioner of the department of any decision to go forward with the prosecution of an inmate-patient for an offense alleged to have been committed in the Central New York Psychiatric Center within thirty days of the filing of an accusatory instrument. The commissioner's designee shall acknowledge receipt of the notice and verify whether or not the individual is an inmate-patient as set forth in the Mental Hygiene Law. Department staff shall thereafter refrain from initiating any communication with the Office of the Oneida County District Attorney concerning such prosecution.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 410.1

Amended New York State Register August 16, 2017/Volume XXXIX, Issue 33, eff. 8/16/2017