N.Y. COR Law § 5

§ 5. Department of corrections and community supervision;\ncommissioner. 1. There shall be in the state government a department of\ncorrections and community supervision. The head of the department shall\nbe the commissioner of corrections and community supervision, who shall\nbe appointed by the governor, by and with the advice and consent of the\nsenate, and hold office at the pleasure of the governor by whom he was\nappointed and until his successor is appointed and has qualified.\n 2. The commissioner of corrections and community supervision shall be\nthe chief executive officer of the department.\n 3. The principal office of the department of corrections and community\nsupervision shall be in the county of Albany.\n 4. The commissioner is hereby authorized and empowered to convert the\nsentence of a person serving an indeterminate sentence of imprisonment,\nexcept a person serving a sentence with a maximum term of life\nimprisonment, to a determinate sentence of imprisonment equal to\ntwo-thirds of the maximum or aggregate maximum term imposed where such\nconversion is necessary to make such person eligible for transfer either\nto federal custody or to foreign countries under treaties that provide\nfor the voluntary transfer of such persons on the execution of penal\nsentences entered into by the government of the United States with\nforeign countries.\n 5. The commissioner upon request, may in his or her discretion,\nauthorize the purchase and presentation of a flag of the state of New\nYork to the person designated to dispose of the remains of a deceased\ncorrection officer or parole officer.\n 6. The commissioner shall have the discretion to enter into agreements\nwith the commissioner of mental health for the provision of security\nservices relating to article ten of the mental hygiene law.\n