New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter III - DESIGNATION AND CLASSIFICATION OF INSTITUTIONS AND COMMITMENT TO THE DEPARTMENT
Part 130 - Transfer Of Foreign Nationals
Section 130.1 - Purpose
Current through Register Vol. 46, No. 12, March 20, 2024
(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 determinate 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 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.
