§ 70.20 Place of imprisonment.\n * 1. (a) Indeterminate or determinate sentence. Except as provided in\nsubdivision four of this section, when an indeterminate or determinate\nsentence of imprisonment is imposed, the court shall commit the\ndefendant to the custody of the state department of corrections and\ncommunity supervision for the term of his or her sentence and until\nreleased in accordance with the law; provided, however, that a defendant\nsentenced pursuant to subdivision seven of section 70.06 shall be\ncommitted to the custody of the state department of corrections and\ncommunity supervision for immediate delivery to a reception center\noperated by the department.\n (b) The court in committing a defendant who is not yet eighteen years\nof age to the department of corrections and community supervision shall\ninquire as to whether the parents or legal guardian of the defendant, if\npresent, will grant to the minor the capacity to consent to routine\nmedical, dental and mental health services and treatment.\n (c) Notwithstanding paragraph (b) of this subdivision, where the court\ncommits a defendant who is not yet eighteen years of age to the custody\nof the department of corrections and community supervision in accordance\nwith this section and no medical consent has been obtained prior to said\ncommitment, the commitment order shall be deemed to grant the capacity\nto consent to routine medical, dental and mental health services and\ntreatment to the person so committed.\n (d) Nothing in this subdivision shall preclude a parent or legal\nguardian of an incarcerated individual who is not yet eighteen years of\nage from making a motion on notice to the department of corrections and\ncommunity supervision pursuant to article twenty-two of the civil\npractice law and rules and section one hundred forty of the correction\nlaw, objecting to routine medical, dental or mental health services and\ntreatment being provided to such incarcerated individual under the\nprovisions of paragraph (b) of this subdivision.\n (e) Nothing in this section shall require that consent be obtained\nfrom the parent or legal guardian, where no consent is necessary or\nwhere the defendant is authorized by law to consent on his or her own\nbehalf to any medical, dental, and mental health service or treatment.\n * NB Effective until September 1, 2027\n * 1. (a) Indeterminate sentence. Except as provided in subdivision\nfour of this section, when an indeterminate sentence of imprisonment is\nimposed, the court shall commit the defendant to the custody of the\nstate department of corrections and community supervision for the term\nof his or her sentence and until released in accordance with the law.\n (b) The court in committing a defendant who is not yet eighteen years\nof age to the department of corrections and community supervision shall\ninquire as to whether the parents or legal guardian of the defendant, if\npresent, will grant to the minor the capacity to consent to routine\nmedical, dental and mental health services and treatment.\n (c) Notwithstanding paragraph (b) of this subdivision, where the court\ncommits a defendant who is not yet eighteen years of age to the custody\nof the department of corrections and community supervision in accordance\nwith this section and no medical consent has been obtained prior to said\ncommitment, the commitment order shall be deemed to grant the capacity\nto consent to routine medical, dental and mental health services and\ntreatment to the person so committed.\n (d) Nothing in this subdivision shall preclude a parent or legal\nguardian of an incarcerated individual who is not yet eighteen years of\nage from making a motion on notice to the department of corrections and\ncommunity supervision pursuant to article twenty-two of the civil\npractice law and rules and section one hundred forty of the correction\nlaw, objecting to routine medical, dental or mental health services and\ntreatment being
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