§ 650.10 Securing attendance of prisoner in this state as witness in\n proceeding without the state.\n If a judge of a court of record in any other state, which by its laws\nhas made provision for commanding a prisoner within that state to attend\nand testify in this state, certifies under the seal of that court that\nthere is a criminal prosecution pending in such court or that a grand\njury investigation has commenced, and that a person confined in a New\nYork state correctional institution or prison within the department of\ncorrections and community supervision, other than a person confined as\ncriminally mentally ill, or as a defective delinquent, or confined in\nthe death house awaiting execution, is a material witness in such\nprosecution or investigation and that his or her presence is required\nfor a specified number of days, upon presentment of such certificate to\na judge of a superior court in the county where the person is confined,\nupon notice to the attorney general, such judge, shall fix a time and\nplace for a hearing and shall make an order directed to the person\nhaving custody of the prisoner requiring that such prisoner be produced\nat the hearing.\n If at such hearing the judge determines that the prisoner is a\nmaterial and necessary witness in the requesting state, the judge shall\nissue an order directing that the prisoner attend in the court where the\nprosecution or investigation is pending, upon such terms and conditions\nas the judge prescribes, including among other things, provision for the\nreturn of the prisoner at the conclusion of his or her testimony, proper\nsafeguards on his or her custody, and proper financial reimbursement or\nother payment by the demanding jurisdiction for all expenses incurred in\nthe production and return of the prisoner.\n The attorney general is authorized as agent for the state of New York,\nwhen in his or her judgment it is necessary, to enter into such\nagreements with the appropriate authorities of the demanding\njurisdiction as he or she determines necessary to ensure proper\ncompliance with the order of the court.\n
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