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ARTICLE 650--SECURING ATTENDANCE AS WITNESSES OF
PRISONERS CONFINED IN INSTITUTIONS OF OTHER
JURISDICTIONS OF THE UNITED STATES--
RENDITION TO OTHER JURISDICTIONS
OF PRISONERS CONFINED IN INSTITUTIONS
WITHIN THE STATE
Section 650.10 Securing attendance of prisoner in this state as witness
in proceeding without the state.
650.20 Securing attendance of prisoner outside the state as
witness in criminal action in the state.
650.30 Securing attendance of prisoner in federal institution as
witness in criminal action in the state.
S 650.10 Securing attendance of prisoner in this state as witness in
proceeding without the state.
If a judge of a court of record in any other state, which by its laws
has made provision for commanding a prisoner within that state to attend
and testify in this state, certifies under the seal of that court that
there is a criminal prosecution pending in such court or that a grand
jury investigation has commenced, and that a person confined in a New
York state correctional institution or prison within the department of
correction, other than a person confined as criminally mentally ill, or
as a defective delinquent, or confined in the death house awaiting
execution, is a material witness in such prosecution or investigation
and that his presence is required for a specified number of days, upon
presentment of such certificate to a judge of a superior court in the
county where the person is confined, upon notice to the attorney
general, such judge, shall fix a time and place for a hearing and shall
make an order directed to the person having custody of the prisoner
requiring that such prisoner be produced at the hearing.
If at such hearing the judge determines that the prisoner is a
material and necessary witness in the requesting state, the judge shall
issue an order directing that the prisoner attend in the court where the
prosecution or investigation is pending, upon such terms and conditions
as the judge prescribes, including among other things, provision for the
return of the prisoner at the conclusion of his testimony, proper
safeguards on his custody, and proper financial reimbursement or other
payment by the demanding jurisdiction for all expenses incurred in the
production and return of the prisoner.
The attorney general is authorized as agent for the state of New York,
when in his judgment it is necessary, to enter into such agreements with
the appropriate authorities of the demanding jurisdiction as he
determines necessary to ensure proper compliance with the order of the
court.
S 650.20 Securing attendance of prisoner outside the state as witness
in criminal action in the state.
1. When (a) a criminal action is pending in a court of record of this
state, or a grand jury proceeding has been commenced, and (b) there is
reasonable cause to believe that a person confined in a correctional
institution or prison of another state, other than a person awaiting
execution of a sentence of death or one confined as mentally ill or as a
defective delinquent, possesses information material to such criminal
action or proceeding, and (c) the attendance of such person as a witness
in such action or proceeding is desired by a party thereto, and (d) the
state in which such person is confined possesses a statute equivalent to
section 650.10, the court in which such action or proceeding is pending
may issue a certificate under the seal of such court, certifying all
such facts and that the attendance of such person as a witness in such
court is required for a specified number of days.
2. Such certificate may be issued upon application, of either the
people or a defendant, demonstrating all the facts specified in
subdivision one.
3. Upon issuing such a certificate, the court may deliver it, or
cause or authorize it to be delivered, to a judge or a court of such
other state who or which, pursuant to the laws thereof, is authorized to
initiate or undertake legal action for the delivery of such prisoners to
this state as witnesses.
S 650.30 Securing attendance of prisoner in federal institution as
witness in criminal action in the state.
1. When (a) a criminal action is pending in a court of record of this
state by reason of the filing therewith of an accusatory instrument, or
a grand jury proceeding has been commenced, and (b) there is reasonable
cause to believe that a person confined in a federal prison or other
federal custody, either within or outside this state, possesses
information material to such criminal action or proceeding, and (c) the
attendance of such person as a witness in such action or proceeding is
desired by a party thereto, a superior court, at a term held in the
county in which such action or proceeding is pending, may issue a
certificate, known as a writ of habeas corpus ad testificandum,
addressed to the attorney general of the United States, certifying all
such facts and requesting the attorney general of the United States to
cause the attendance of such person as a witness in such court for a
specified number of days under custody of a federal public servant.
2. Such a certificate may be issued upon application of either the
people or a defendant, demonstrating all the facts specified in
subdivision one.
3. Upon issuing such certificate, the court may deliver it, or cause
or authorize it to be delivered, to the attorney general of the United
States or to his representative authorized to entertain the request.