N.Y. COR Law § 73 — New York Code / Act COR / Article 4 / Section 73
Residential treatment facilities
Status: in_force

§ 73. Residential treatment facilities. 1. The commissioner may\ntransfer any incarcerated individual of a correctional facility who is\neligible for community supervision or who will become eligible for\ncommunity supervision within six months after the date of transfer or\nwho has one year or less remaining to be served under his or her\nsentence to a residential treatment facility and such person may be\nallowed to go outside the facility during reasonable and necessary hours\nto engage in any activity reasonably related to his or her\nrehabilitation and in accordance with the program established for him or\nher. While outside the facility he or she shall be at all times in the\ncustody of the department and under its supervision.\n  2. The department shall be responsible for securing appropriate\neducation, on-the-job training and employment for incarcerated\nindividuals transferred to residential treatment facilities. The\ndepartment also shall supervise such incarcerated individuals during\ntheir participation in activities outside any such facility and at all\ntimes while they are outside any such facility.\n  3. Programs directed toward the rehabilitation and total reintegration\ninto the community of persons transferred to a residential treatment\nfacility shall be established. Each incarcerated individual shall be\nassigned a specific program by the superintendent of the facility and a\nwritten memorandum of such program shall be delivered to him or her.\n  4. If at any time the superintendent of a residential treatment\nfacility is of the opinion that any aspect of the program assigned to an\nindividual is inconsistent with the welfare or safety of the community\nor of the facility or its incarcerated individuals, the superintendent\nmay suspend such program or any part thereof and restrict the\nincarcerated individual's activities in any manner that is necessary and\nappropriate. Upon taking such action the superintendent shall promptly\nnotify the commissioner and pending decision by the commissioner, the\nsuperintendent may keep such incarcerated individual under such security\nas may be necessary.\n  5. The commissioner may at any time and for any reason transfer an\nincarcerated individual from a residential treatment facility to another\ncorrectional facility.\n  6. Where a person who is an incarcerated individual of a residential\ntreatment facility absconds, or fails to return thereto as specified in\nthe program approved for him or her, he or she may be arrested and\nreturned by an officer or employee of the department or by any peace\nofficer, acting pursuant to his or her special duties, or police officer\nwithout a warrant; or a member of the board of parole or an officer\ndesignated by such board may issue a warrant for the retaking of such\nperson. A warrant issued pursuant to this subdivision shall have the\nsame force and effect, and shall be executed in the same manner, as a\nwarrant issued for violation of community supervision.\n  7. The provisions of this chapter relating to good behavior allowances\nand conditional release shall apply to behavior of incarcerated\nindividuals while assigned to a residential treatment facility for\nbehavior on the premises and outside the premises of such facility and\ngood behavior allowances may be granted, withheld, forfeited or\ncancelled in whole or in part for behavior outside the premises of the\nfacility to the same extent and in the same manner as is provided for\nincarcerated individuals within the premises of any facility.\n  8. The state board of parole may grant parole to any incarcerated\nindividual of a residential treatment facility at any time after he or\nshe becomes eligible therefor. Such parole shall be in accordance with\nprovisions of law that would apply if the person were still confined in\nthe facility from which he or she was transferred, except that any\npersonal appearance before the board may be at any place designated by\nthe board.\n  9. The earnings of any incarcerated individual of a residential\ntreatment facility shall be dealt with in accordance with the procedure\nset forth in section eight hundred sixty of this chapter.\n  10. The commissioner is authorized to use any residential treatment\nfacility as a residence for persons who are on community supervision.\nPersons who reside in such a facility shall be subject to conditions of\ncommunity supervision imposed by the board.\n