Current through 2024 NY Law Chapter 226
Section 652 - Undersheriff and staff of sheriff1. Within ten days after entering upon the duties of the office, the sheriff shall appoint an undersheriff to serve during his pleasure. During the absence or inability of the sheriff to act or when a vacancy shall occur in the office of the sheriff, the undersheriff shall, in all things, execute the duties of the office of sheriff until a new sheriff is elected or appointed and has qualified.2. Within the limits of the appropriation, the sheriff may appoint as many regular deputy sheriffs as he may deem proper, but not exceeding one for every three thousand inhabitants of the county. The board of supervisors may, however, authorize the appointment of such additional regular deputy sheriffs as it may determine. A female correction officer or female deputy sheriff who is authorized to perform correctional duties and has completed training, as mandated by the state commission of correction, shall be in attendance in a correctional facility when females are confined in the correctional facility and shall, when deemed necessary by the sheriff or keeper of the jail to maintain the order and security of the facility, be in attendance in any housing unit where females are confined. A male correction officer or male deputy sheriff who is authorized to perform correctional duties and has completed training, as mandated by the state commission of correction, shall be in attendance in a correctional facility when males are confined in the correctional facility and shall, when deemed necessary by the sheriff or keeper of the jail to maintain the order and security of the facility, be in attendance in any housing unit where males are confined. The sheriff may also appoint keepers, guards, clerks and employees as may be authorized by the board of supervisors and such appointees shall serve during his pleasure. Any person may also be deputed by any sheriff or undersheriff by written instrument to do particular acts.3. Each such appointment shall be in a writing filed and recorded in the office of the county clerk.4. Before the appointment by a sheriff of any person as an undersheriff or a deputy, other than a person deputed to do particular acts, the sheriff shall require such person to, and such person shall, submit to the sheriff fingerprints of such person, in the form and manner prescribed by the division of criminal justice services, and it shall thereupon be the duty of the sheriff to compare, or cause to be compared such fingerprints with fingerprints filed with the division of criminal justice services; provided, however, that in any case where the fingerprints of any such person shall once have been submitted pursuant to this section and are on file in the office of the sheriff, no new submission thereof shall be required, nor shall the sheriff be required to make or cause to be made such comparison if such comparison shall have been made previously and certification thereof by such department is on file in his office.