NY Corr L § 73 (2021)
2021 New York Laws COR - Correction Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals 73 - Residential Treatment Facilities.

§  73.  Residential  treatment  facilities.  1.  The  commissioner may   transfer any incarcerated individual of a correctional facility  who  is   eligible  for  community  supervision  or  who  will become eligible for   community supervision within six months after the date  of  transfer  or   who  has  one  year  or  less  remaining  to  be served under his or her   sentence to a residential treatment facility  and  such  person  may  be   allowed to go outside the facility during reasonable and necessary hours   to   engage   in   any   activity  reasonably  related  to  his  or  her   rehabilitation and in accordance with the program established for him or   her. While outside the facility he or she shall be at all times  in  the   custody of the department and under its supervision.2.  The  department  shall  be  responsible  for  securing appropriate   education,  on-the-job  training   and   employment   for   incarcerated   individuals   transferred   to  residential  treatment  facilities.  The   department also shall supervise  such  incarcerated  individuals  during   their  participation  in activities outside any such facility and at all   times while they are outside any such facility.3. Programs directed toward the rehabilitation and total reintegration   into the community of persons transferred  to  a  residential  treatment   facility  shall  be  established.  Each incarcerated individual shall be   assigned a specific program by the superintendent of the facility and  a   written memorandum of such program shall be delivered to him or her.4.  If  at  any  time  the  superintendent  of a residential treatment   facility is of the opinion that any aspect of the program assigned to an   individual is inconsistent with the welfare or safety of  the  community   or  of  the facility or its incarcerated individuals, the superintendent   may  suspend  such  program  or  any  part  thereof  and  restrict   the   incarcerated individual's activities in any manner that is necessary and   appropriate.  Upon  taking such action the superintendent shall promptly   notify the commissioner and pending decision by  the  commissioner,  the   superintendent may keep such incarcerated individual under such security   as may be necessary.5.  The  commissioner  may  at any time and for any reason transfer an   incarcerated individual from a residential treatment facility to another   correctional facility.6. Where a person who is an incarcerated individual of  a  residential   treatment  facility absconds, or fails to return thereto as specified in   the program approved for him or her, he  or  she  may  be  arrested  and   returned  by  an  officer  or employee of the department or by any peace   officer, acting pursuant to his or her special duties, or police officer   without a warrant; or a member of the board  of  parole  or  an  officer   designated  by  such  board may issue a warrant for the retaking of such   person. A warrant issued pursuant to this  subdivision  shall  have  the   same  force  and  effect, and shall be executed in the same manner, as a   warrant issued for violation of community supervision.7. The provisions of this chapter relating to good behavior allowances   and  conditional  release  shall  apply  to  behavior  of   incarcerated   individuals  while  assigned  to  a  residential  treatment facility for   behavior on the premises and outside the premises of such  facility  and   good   behavior  allowances  may  be  granted,  withheld,  forfeited  or   cancelled in whole or in part for behavior outside the premises  of  the   facility  to  the  same extent and in the same manner as is provided for   incarcerated individuals within the premises of any facility.8. The state board of parole may  grant  parole  to  any  incarcerated   individual  of  a residential treatment facility at any time after he or   she becomes eligible therefor. Such parole shall be in  accordance  with   provisions  of law that would apply if the person were still confined in   the facility from which he or  she  was  transferred,  except  that  any    personal  appearance  before the board may be at any place designated by   the board.9.  The  earnings  of  any  incarcerated  individual  of a residential   treatment facility shall be dealt with in accordance with the  procedure   set forth in section eight hundred sixty of this chapter.10.  The  commissioner  is authorized to use any residential treatment   facility as a residence for persons who are  on  community  supervision.   Persons  who reside in such a facility shall be subject to conditions of   community supervision imposed by the board.