5 - Department of correctional services; commissioner.

§ 5. Department of correctional services; commissioner. 1. There shall  be  in  the  state government a department of correctional services. The  head of  the  department  shall  be  the  commissioner  of  correctional  services, 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  correctional  services  shall  be the chief  executive officer of the department.    3. The principal office of the  department  of  correctional  services  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.    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.