NY Corr L § 70 (2021)
2021 New York Laws COR - Correction Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals 70 - Establishment, Use and Designation of Correctional Facilities.

§  70.  Establishment, use and designation of correctional facilities. 1.  (a)  Except  as  provided  in  paragraphs  (b)  and  (c)  of  this subdivision,  every  institution  operated  by  the  department  for the confinement of persons  under  sentence  of  imprisonment,  or  for  the confinement  of  persons committed for failure to pay a fine, shall be a correctional facility.  (b) An institution  operated  by  the  department  for  the  care  and confinement  of  persons who have been found to be mentally defective or mentally ill by a court and who are confined in such place  pursuant  to an  order of a court based upon such finding shall not be deemed to be a correctional facility.  (c) An institution operated by the  department  as  a  drug  treatment campus,  as defined in subdivision twenty of section two of this chapter and used to provide intensive drug treatment services for  parolees  and certain  parole  violators,  shall  not  be  deemed to be a correctional facility.   2. Correctional facilities shall be used for the purpose of  providing places  of  confinement  and  programs  of  treatment for persons in the custody of the department. Such use shall be  suited,  to  the  greatest extent  practicable,  to the objective of assisting sentenced persons to live as law abiding citizens.  In  furtherance  of  this  objective  the department may establish and maintain any type of institution or program of  treatment,  not  inconsistent with other provisions of law, but with due regard to:  (a) The safety and security of the community;  (b) The right of every person in the  custody  of  the  department  to receive humane treatment; and  (c)  The  health  and  safety  of  every  person in the custody of the department.   3. (a) The commissioner may continue to maintain,  as  a  correctional facility,  any  institution  operated  by  the  department  prior to May eighth, nineteen hundred seventy, and may  add  to  or  close  any  such place,  and  may  establish and maintain new correctional facilities, in accordance with the needs of the department  and  provided  expenditures for  such  purposes  are  within  amounts  made  available  therefor  by appropriation;  provided,  however,  that  before  the  closure  of  any correctional  facility,  for  reasons  other  than  those  set  forth in paragraph (a)  of  subdivision  eight  of  section  forty-five  of  this chapter,  the provisions of section seventy-nine-a of this article shall be adhered to.  (b) A correctional camp or a shock incarceration correctional facility may be established by  the  department  (i)  upon  land  controlled  and designated   by  the  commissioner,  or  (ii)  on  land  controlled  and designated  by  the  commissioner  of  parks,  recreation  and  historic preservation  or,  in  the  sixth  park  region,  by the commissioner of environmental conservation.   4.  Two  or  more  correctional  facilities  may  be   maintained   or established  in the same building or on the same premises so long as the incarcerated individuals of each are at  all  times  kept  separate  and apart  from  each  other except that the incarcerated individuals of one may be permitted to have contact with incarcerated  individuals  of  the other  in order to perform duties, receive therapeutic treatment, attend religious  services  and  engage  in  like  activities  as  specifically provided in the rules and regulations of the department.   5.  Each  correctional  facility  must  be designated in the rules and regulations of the department and no correctional facility can  be  used by  the  department  for  confinement  of  persons  unless the rules and regulations of the department specify at least the following:  (a) The name and location of the facility;  (b) Whether the facility is to be used for the confinement of males or for the confinement of females;  (c)  The age range of the persons who may be confined in the facility; and  (d) The classification of the facility.   6. Correctional facilities shall be classified by the commissioner  in accordance with the following types of classifications:  (a)  Each  facility  shall  be  classified with respect to the type of security maintained as either a  maximum,  medium  or  minimum  security facility.  (b)  Each  facility  shall  be classified with respect to the function served in accordance with one or more of the following  categories:  (i) reception  center;  (ii) residential treatment facility; (iii) detention center; (iv) correctional camp; (v)  diagnostic  and  treatment  center; (vi)  general  confinement facility; (vii) work release facility; (viii) shock incarceration correctional facility; (ix)  alcohol  and  substance abuse  treatment  facility;  (x)  alcohol  and substance abuse treatment correctional annex.   7. The commissioner shall have the  authority  to  enter  into  leases within  the amount appropriated therefor, for the purpose of maintaining or establishing any correctional facility or any adjunct thereto.   8. The commissioner is authorized to enter into contracts, within  the amount  appropriated  therefor,  with  any  university, social agency or qualified person to render professional  services  to  any  correctional facility.