N.Y. Laws » CHAPTER Correction / ARTICLE Department of Corrections and Community Supervision
New York Consolidated Laws

N.Y. Correction Law § 5 (2026)

Department of corrections and community supervision; commissioner

✓ current as of May 2026
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§ 5. Department of corrections and community supervision;
commissioner.  1. There shall be in the state government a department of
corrections and community supervision. The head of the department shall
be the commissioner of corrections and community supervision, who shall
be appointed by the governor, by and with the advice and consent of the
senate, and hold office at the pleasure of the governor by whom he was
appointed and until his successor is appointed and has qualified.
  2. The commissioner of corrections and community supervision shall be
the chief executive officer of the department.
  3. The principal office of the department of corrections and community
supervision shall be in the county of Albany.
  4. The commissioner is hereby authorized and empowered to convert the
sentence of a person serving an indeterminate sentence of imprisonment,
except a person serving a sentence with a maximum term of life
imprisonment, to a determinate sentence of imprisonment equal to
two-thirds of the maximum or aggregate maximum term imposed where such
conversion is necessary to make such person eligible for transfer either
to federal custody or to foreign countries under treaties that provide
for the voluntary transfer of such persons on the execution of penal
sentences entered into by the government of the United States with
foreign countries.
  5. The commissioner upon request, may in his or her discretion,
authorize the purchase and presentation of a flag of the state of New
York to the person designated to dispose of the remains of a deceased
correction officer or parole officer.
  6. The commissioner shall have the discretion to enter into agreements
with the commissioner of mental health for the provision of security
services relating to article ten of the mental hygiene law.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1970–2023 · leading case: People v. Peque, 3 N.E.3d 617 (N.Y. 2013).
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People v. Peque, 3 N.E.3d 617 (N.Y. 2013). “And, since 1995, the Institutional Removal Program, a joint initiative of New York and federal authorities, has enabled New York to transfer thousands of convicted foreign-born criminals from state custody to ICE custody prior to the expiration of their prison terms (see…”
Sostre v. Rockefeller, 312 F. Supp. 863 (S.D.N.Y. 1970). “N.Y. Correction Law § 5 (McKinney 1968). He appoints the warden of each state prison, who is subject to the rules and statutory powers of the commissioner and who, in directing the officers and employees in his prison, is also subject to the direction of the commissioner.”
Ciaprazi v. Goord, 50 A.D.3d 1270 (N.Y. App. Div. 2008). · cites it 2× “As Supreme Court correctly noted and respondents now concede in their brief, the plain language of Correction Law § 5 (4) shows a legislative intent to confer authority on the Commissioner to convert a person’s indeterminate sentence to a determinate sentence “where such…”
Matter of Almindo (New York State Dept. of Corr. & Cmty. Supervision--Comm'r of Labor), 2023 NY Slip Op 06424 (N.Y. App. Div. 2023). “ional and instructional opportunities for incarcerated individuals, it was not established for educational or instructional purposes but, rather, was established "to ensure the appropriate care, custody, treatment, and supervision of offenders, whether in a correctional facility…”
In re the Arbitration between Hudson Valley Dist. Counsil of Carpenters & State, 152 A.D.2d 105 (N.Y. App. Div. 1989). · cites it 2× “Supreme Court held that respondent was a "public employer” within the definition of Civil Service Law § 201 (6) (a) (i) and (vi), with the Commissioner being the Department head and its chief executive officer (see, Correction Law §5). Supreme Court further held that the…”
Chandler v. Coughlin, 131 Misc. 2d 442 (N.Y. Sup. Ct. 1986). “Rather, parole officers are employees of the Division of Parole which exists within the Executive Department (Executive Law §§ 259, 259-e, 259-f), separate and apart from the Department of Correctional Services (Correction Law § 5). Of particular importance here, the statutorily…”
Ciaprazi v. Annucci, 78 A.D.3d 1445 (N.Y. App. Div. 2010). “The Commissioner’s designee, respondent Deputy Commissioner of Correctional Services, initially found petitioner ineligible for transfer pursuant to Correction Law § 5 (4), a point with which we disagreed (Matter of Ciaprazi v Goord, 50 AD3d 1270, 1271-1272 [2008]).”
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