650.10 - Securing attendance of prisoner in this state as witness in proceeding without the state.

§  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.