N.Y. COR Law § 95 — New York Code / Act COR / Article 5 / Section 95
Use of local government institutions for confinement of persons under custody with or awaiting transfer to the department
Status: in_force

§ 95. Use of local government institutions for confinement of persons\nunder custody with or awaiting transfer to the department. 1.\nNotwithstanding any other provision of law, the commissioner is hereby\nauthorized to contract with any county or the city of New York for the\nuse of a local correctional facility to provide for the care and custody\nof any person convicted of an offense and sentenced to a determinate or\nto an indeterminate sentence of imprisonment who is awaiting transfer to\nor has been transferred to the custody of the department as required by\nsection 430.20 of the criminal procedure law; provided, however, that\nany such contract under this section shall not include persons charged\nwith or found to be in violation of parole or conditional release\npursuant to subdivision three of section two hundred fifty-nine-i of the\nexecutive law.\n  2. Any such incarcerated individual shall be deemed to be in the\ncustody of and subject to the jurisdiction of the department but shall,\nduring the period of his or her local confinement, be under the care of\nthe head of the local correctional facility in which he or she resides.\n  3. If at any time the head of the local correctional facility is of\nthe opinion that the continued care of such incarcerated individual in\nthe local correctional facility is inconsistent with the welfare or\nsafety of the incarcerated individual, the community, the facility or\nother incarcerated individuals, he or she may demand that such\nincarcerated individual be transferred forthwith to the custody of the\ndepartment.  Thereafter, the department shall be obligated to receive\ninto its custody such incarcerated individual in the manner prescribed\nfor the acceptance of newly sentenced incarcerated individuals required\nby section 430.20 of the criminal procedure law unless the contract\nspecifies an alternative method of transfer. Notwithstanding the\nforegoing, in any case where the incarcerated individual in the care of\nthe local correctional facility pursuant to a contract as provided for\nin this section is convicted of a class A-1 felony offense or a class B\nviolent felony offense or a class C violent felony offense, the head of\nthe local correctional facility may demand that such incarcerated\nindividual be transferred forthwith to the custody of the department.\nThereafter, the department shall be obligated to receive into its\ncustody such incarcerated individual within forty-eight hours of receipt\nof such demand from the head of the local correctional facility.\n  4. The commissioner is hereby authorized to reimburse the contracting\ncounty or the city of New York for a sum equivalent to the actual per\nday per capita cost, as certified by the appropriate local official, or\none hundred dollars per day per capita, whichever is less.\n  5. No incarcerated individual shall be housed in a local correctional\nfacility or series of local correctional facilities pursuant to a\ncontract under subdivision one of this section for a period exceeding\nsix months.\n