NY Corr L § 2 (2021)
2021 New York Laws COR - Correction Article 1 - Short Title; Definitions 2 - Definitions.

§  2.  Definitions.  When  used  in  this  chapter,  unless  otherwise expressly stated or the context or subject  matter  otherwise  requires, the following terms have the following meanings:   1.   "Department"  means  the  state  department  of  corrections  and community supervision;   2. "Commissioner" means the  state  commissioner  of  corrections  and community supervision;   3. "Commission" means the state commission of correction;   4.  (a)  "Correctional facility". Any place operated by the department and designated by the commissioner as a place  for  the  confinement  of persons  under sentence of imprisonment or persons committed for failure to pay a fine. Except as provided in paragraph (b) of this  subdivision, whenever  reference  has  been or hereafter will be made in any statute, judgment, sentence, commitment, court order  or  otherwise  to  a  state prison,  state reformatory, reception center, diagnostic center or other institution or facility in  the  department,  such  reference  shall  be deemed to mean "correctional facility".  (b)  The term "correctional facility" shall not, however, be deemed to mean or to include any place 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.  (c) Whenever the  term  "institution"  is  used  in  this  chapter  or elsewhere  in  such context as to mean an institution in the department, such term shall be deemed to include  correctional  facilities  and  any other place operated by the department as a place for the confinement of persons.   5.   "Reception   center".  A  correctional  facility  for  reception, classification  and  program-planning  for  purposes   of   confinement, treatment and transfer.   6.   "Residential   treatment   facility".   A  correctional  facility consisting of a community based residence in or near a  community  where employment, educational and training opportunities are readily available for persons who are on parole or conditional release and for persons who are  or  who  will  soon be eligible for release on parole who intend to reside in or near that community when released.   7. "Detention center".  A  correctional  facility  for  the  temporary detention of persons taken into custody upon violation of parole or upon violation  of  a  condition  of release, or of persons being transferred from other correctional facilities, or of persons who  are  assigned  to other  correctional  facilities  for  confinement  but whose presence is required in court or for some  other  purpose  at  a  location  that  is distant from the institution of confinement.   8.  "Correctional  Camp". A correctional facility consisting of a camp maintained for the purpose of including conservation work in the program of incarcerated individuals.   9. "Diagnostic and treatment center". A correctional facility operated for the purpose of providing intensive physical, mental and sociological diagnostic  and  treatment  services  including  pre-parole   diagnostic evaluation, where requested by the board of parole, and scientific study of the social and mental aspects of the causes of crime.   10.  "General  confinement  facility".  A  correctional  facility  for confinement  and  treatment  of  persons  under  institutional  programs oriented to education, vocational training and industry.   11. "Work release facility". A facility designated by the commissioner as an institution that may conduct a work release program.   12.   "Superintendent".   The   chief   administrative  officer  of  a correctional facility.  Whenever  the  term  "warden"  appears  in  this  chapter  in  such  context as to mean an officer of a state correctional facility, such reference shall be deemed to mean "superintendent".   13. "Infant" or "minor" means a person who has not attained the age of eighteen years.   * 14.   "Community   treatment   facility."   A  residential  chemical dependence facility approved as provided in section 32.01 of the  mental hygiene law or pursuant to section 32.31 of such law used exclusively to provide  substance abuse treatment services to persons eligible pursuant to section seventy-two-a of this chapter and who are otherwise  eligible for  temporary  release  pursuant  to  subdivision  two of section eight hundred fifty-one of this chapter. These facilities  shall  be  separate and  distinct  so  as  not to replace existing substance abuse treatment services.   * NB Expires September 1, 2023   15.  "Shock  incarceration  correctional  facility".  A   correctional facility  designated  by  the  commissioner  as  an institution that may conduct a shock incarceration program.   16. (a) "Local correctional facility." Any place operated by a  county or  the  city of New York as a place for the confinement of persons duly committed to secure their attendance as witnesses in any criminal  case, charged  with crime and committed for trial or examination, awaiting the availability of a court, duly committed for any contempt or  upon  civil process,  convicted of any offense and sentenced to imprisonment therein or  awaiting  transportation  under  sentence  to  imprisonment   in   a correctional facility, or pursuant to any other applicable provisions of law.  (b) Whenever the term "jail", "penitentiary" or "workhouse" is used in this  chapter,  such  term  shall  be  deemed to mean local correctional facility.  (c) Whenever the term "sheriff" is used in  this  chapter,  such  term shall  be  deemed to include the warden, superintendent, or other person in charge of a local correctional facility.   17. "Alcohol and substance abuse treatment facility."  A  correctional facility  designed  to house medium security incarcerated individuals as defined by department rules and regulations and operated for the purpose of providing intensive alcohol and substance abuse  treatment  services. Such  services  shall  ensure comprehensive treatment for alcoholism and substance abuse to incarcerated individuals who have been identified  by the  commissioner  or  his  or  her  designee as having had or presently having a history of alcoholism or substance abuse. Such  services  shall be  provided  in  the  facility  in  accordance  with  minimum standards promulgated by the department after  consultation  with  the  office  of alcoholism and substance abuse services.   * 18.  "Alcohol  and  substance abuse treatment correctional annex." A medium  security  correctional  facility  consisting  of  one  or   more residential  dormitories,  which provide intensive alcohol and substance abuse treatment  services  to  incarcerated  individuals  who:  (i)  are otherwise  eligible  for temporary release, or (ii) stand convicted of a felony defined in article two hundred twenty or two  hundred  twenty-one of  the  penal  law,  and  are  within  six  months of being an eligible incarcerated individual as that term is defined in  subdivision  two  of section   eight   hundred  fifty-one  of  this  chapter  including  such incarcerated individuals who are participating in such program  pursuant to  subdivision  six  of section 60.04 of the penal law. Notwithstanding the  foregoing  provisions  of  this   subdivision,   any   incarcerated individual to be enrolled in this program pursuant to subdivision six of section  60.04  of the penal law shall be governed by the same rules and regulations promulgated by the department, including without  limitation  those rules and regulations establishing requirements for completion and those  rules  and  regulations governing discipline and removal from the program. No such period of court ordered corrections  based  drug  abuse treatment  pursuant  to  this  subdivision  shall  be required to extend beyond the defendant's conditional release date. Such treatment services may be provided by one or more outside  service  providers  pursuant  to contractual  agreements with the department, provided, however, that any such provider shall be required to continue to provide, either  directly or  through  formal  or informal agreement with other providers, alcohol and substance abuse treatment services to incarcerated  individuals  who have   successfully   participated   in  such  provider's  incarcerative treatment services and who have been  presumptively  released,  paroled, conditionally released or released to post release supervision under the supervision  of  the  department  and  who  are,  as a condition of such release,  required  to  participate  in  alcohol  or   substance   abuse treatment. Such incarcerative services shall be provided in the facility in accordance with minimum standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. Such services to parolees shall be provided in accordance with standards promulgated  by  the  department  after  consultation with the office of alcoholism and  substance  abuse  services.  Notwithstanding  any  other provision of law, any person who has successfully completed no less than six  months  of intensive alcohol and substance abuse treatment services in one of the department's eight designated alcohol and substance  abuse treatment  correctional  annexes having a combined total capacity of two thousand five hundred  fifty  beds  may  be  transferred  to  a  program operated  by  or  at a residential treatment facility, provided however, that a person under a determinate  sentence  as  a  second  felony  drug offender  for  a  class  B felony offense defined in article two hundred twenty of the penal law, who was sentenced pursuant to section 70.70  of such  law, shall not be eligible to be transferred to a program operated at  a  residential  treatment  facility  until  the  time  served  under imprisonment  for  his  or  her determinate sentence, including any jail time credited pursuant to subdivision three  of  section  70.30  of  the penal  law, shall be at least nine months. The commissioner shall report annually to the temporary president of the senate and the speaker of the assembly commencing January first, two thousand  twelve  the  number  of incarcerated individuals received by the department during the reporting period  who  are  subject  to  a  sentence  which includes enrollment in substance abuse treatment in accordance with subdivision six of  section 60.04  of the penal law, the number of such incarcerated individuals who are not placed in such  treatment  program  and  the  reasons  for  such occurrences.   * NB Effective until September 1, 2023   * 18.  "Alcohol  and  substance abuse treatment correctional annex." A medium  security  correctional  facility  consisting  of  one  or   more residential  dormitories  which  provide intensive alcohol and substance abuse treatment  services  to  incarcerated  individuals  who:  (i)  are otherwise  eligible  for temporary release, or (ii) stand convicted of a felony defined in article two hundred twenty or two  hundred  twenty-one of  the  penal  law,  and  are  within  six  months of being an eligible incarcerated individual as that term is defined in  subdivision  two  of section   eight   hundred  fifty-one  of  this  chapter  including  such incarcerated individuals who are participating in such program  pursuant to  subdivision  six  of section 60.04 of the penal law. Notwithstanding the  foregoing  provisions  of  this   subdivision,   any   incarcerated individual to be enrolled in this program pursuant to subdivision six of section  60.04  of the penal law shall be governed by the same rules and  regulations promulgated by the department, including without  limitation those rules and regulations establishing requirements for completion and those  rules  and  regulations governing discipline and removal from the program.  No  such  period of court ordered corrections based drug abuse treatment pursuant to this  subdivision  shall  be  required  to  extend beyond the defendant's conditional release date. Such treatment services may  be  provided  by  one or more outside service providers pursuant to contractual agreements with the department, provided, however, that  any such  provider shall be required to continue to provide, either directly or through formal or informal agreement with  other  providers,  alcohol and  substance  abuse treatment services to incarcerated individuals who have  successfully  participated  in   such   provider's   incarcerative treatment  services  and  who have been presumptively released, paroled, conditionally released or released to post release supervision under the supervision of the department and  who  are,  as  a  condition  of  such release,   required   to  participate  in  alcohol  or  substance  abuse treatment. Such incarcerative services shall be provided in the facility in accordance with minimum standards promulgated by the department after consultation with the office of alcoholism and substance abuse services. Such services to parolees shall be provided in accordance with standards promulgated by the department after  consultation  with  the  office  of alcoholism  and  substance abuse services. The commissioner shall report annually to the majority leader of the senate and  the  speaker  of  the assembly  commencing  January  first,  two thousand twelve the number of incarcerated individuals received by the department during the reporting period who are subject  to  a  sentence  which  includes  enrollment  in substance  abuse treatment in accordance with subdivision six of section 60.04 of the penal law, the number of such incarcerated individuals  who are  not  placed  in  such  treatment  program  and the reasons for such occurrences.   * NB Effective September 1, 2023   19. "Vocational and skills training  facility"  means  a  correctional facility  designated  by  the  commissioner  to provide a vocational and skills training program ("VAST") to incarcerated  individuals  who  need such service before they participate in a work release program. The VAST facility  shall  provide  intensive  assessment,  counseling, job search assistance and where appropriate academic and vocational instruction  to program  participants.  Such assistance may include an assessment of any incarcerated  individual's  education  attainment   level   and   skills aptitudes;  career  counseling  and  exploration;  the  development of a comprehensive instructional plan including identification of educational and training needs that may extend beyond the date of  entry  into  work release;   instructional   programs   including   GED   preparation   or post-secondary instruction as appropriate; occupational skills training; life skills training; employment readiness including workplace behavior; and job search assistance. The department and the  department  of  labor shall jointly develop activities providing career counseling, job search assistance,   and  job  placement  services  for  participants.  Nothing contained in this section shall be  deemed  to  modify  the  eligibility requirements  provided  by  law  applicable  to incarcerated individuals participating in a work release program.   20.  "Drug  treatment  campus"  means  a  facility  operated  by   the department to provide a program of intensive drug treatment services for individuals  sentenced  to  parole  supervision  sentences  pursuant  to section 410.91 of the criminal  procedure  law  or  for  certain  parole violators. All such treatment services shall be provided by, or with the approval  of  and  pursuant to a plan developed in conjunction with, the office of alcoholism and substance abuse services, and which plan  shall  include  but not be limited to provision for an appropriate continuum of care that  includes  a  needs  assessment  and  treatment  services  for individuals  while  at  this  facility  and  upon  discharge  from  such facility,  including  an enhanced aftercare program. Notwithstanding the foregoing, in the event that a person sentenced  to  parole  supervision pursuant  to  section  410.91  of  the criminal procedure law requires a degree of medical care or mental health care that cannot be provided  at a  drug  treatment  campus, the department, in writing, shall notify the person,     provide     a     proposal     describing     a     proposed alternative-to-the-drug-treatment-campus  program, and notify him or her that  he  or  she  may  object  in  writing   to   placement   in   such alternative-to-the-drug-treatment-campus  program. If the person objects in writing to placement in such alternative-to-the-drug-treatment-campus program, the department shall notify the sentencing court, provide  such proposal  to  the  court, and arrange for the person's prompt appearance before the court. The court shall provide the proposal and notice  of  a court  appearance  to  the  prosecutor,  the  person and the appropriate defense attorney. After considering the proposal and any submissions  by the  parties, and after a reasonable opportunity for the prosecutor, the person and counsel to be heard, the  court  may  modify  its  sentencing order  accordingly,  notwithstanding the provisions of section 430.10 of the criminal procedure law.  A  person  who  successfully  completes  an alternative-to-the-drug-treatment-campus  program  within the department shall be treated in the same manner as a  person  who  has  successfully completed  the drug treatment campus program, as set forth herein and in section 410.91 of the criminal procedure law.   21. "Residential mental  health  treatment  unit"  means  housing  for incarcerated  individuals  with  serious mental illness that is operated jointly by the department  and  the  office  of  mental  health  and  is therapeutic  in nature. Such units shall not be operated as disciplinary housing  units,  and  decisions  about  treatment  and   conditions   of confinement  shall  be  made  based  upon  a  clinical assessment of the therapeutic needs of the  incarcerated  individual  and  maintenance  of adequate  safety and security on the unit. Such units shall include, but not be limited  to,  the  residential  mental  health  unit  model,  the behavioral  health  unit  model,  the  intermediate care program and the intensive intermediate care program. The  models  shall  be  defined  in regulations  promulgated  by  the  department  in  consultation with the commissioner of mental  health  consistent  with  this  subdivision  and section  four  hundred  one  of  this  chapter. Incarcerated individuals placed in a residential mental health treatment unit shall be offered at least four hours a day of structured out-of-cell therapeutic programming and/or mental health treatment,  except  on  weekends  or  holidays,  in addition  to  exercise,  and may be provided with additional out-of-cell activities as are consistent with their mental health  needs;  provided, however,  that  the  department  may  maintain no more than thirty-eight behavioral health unit beds in which the number of hours of  out-of-cell structured   therapeutic  programming  and/or  mental  health  treatment offered to incarcerated individuals on a daily basis, except on weekends or holidays, may be limited to only two hours.  Out-of-cell  therapeutic programming  and/or  mental  health treatment need not be provided to an incarcerated individual for a brief orientation period following his  or her arrival at a residential mental health treatment unit. The length of such orientation period shall be determined by a mental health clinician but in no event shall be longer than five business days.   22.  "Mental  health  clinician"  means  a psychiatrist, psychologist, social worker or nurse practitioner who is licensed by the department of education and employed by the office of mental health.    23. "Segregated confinement" means the disciplinary confinement of  an incarcerated  individual  in  a  special  housing  unit or in a separate keeplock housing unit. Special housing units and separate keeplock units are housing units that  consist  of  cells  grouped  so  as  to  provide separation  from  the  general  population,  and  may  be  used to house incarcerated  individuals  confined   pursuant   to   the   disciplinary procedures described in regulations.   * NB Effective until March 31, 2022   * 23.   "Segregated   confinement"   means   the   confinement  of  an incarcerated individual in any form of cell confinement  for  more  than seventeen hours a day other than in a facility-wide emergency or for the purpose   of   providing   medical  or  mental  health  treatment.  Cell confinement  that  is  implemented  due  to  medical  or  mental  health treatment  shall  be within a clinical area in the correctional facility or in as close proximity to a medical or mental health unit as possible.   * NB Effective March 31, 2022   24. "Joint case management committee" means a  committee  composed  of staff  from  the  department  and  the  office  of mental health. Such a committee shall be established at each level one and level two facility. Each committee shall consist of at  least  two  clinical  staff  of  the office of mental health and two officials of the department. The purpose of  such  committee  shall  be  to  review,  monitor  and coordinate the behavior and treatment plan of any incarcerated individual who is placed in segregated confinement or a residential mental health treatment  unit and who is receiving services from the office of mental health.   25.   "Joint  central  office  review  committee"  means  a  committee comprised of central office personnel from the department and the office of mental health as designated by the respective commissioners.   26. "Treatment team" means a team consisting of  an  equal  number  of individuals  from the department and the office of mental health who are assigned to a residential mental health  treatment  unit  and  who  will review  and determine each incarcerated individual's appropriateness for movement through  the  various  program  phases,  when  applicable.  The treatment  team  shall also review, monitor and coordinate the treatment plans for all incarcerated individual participants.   27. "Level one facility" means a correctional facility at which  staff from  the  office of mental health are assigned on a full-time basis and able to provide treatment  to  incarcerated  individuals  with  a  major mental  disorder.  The  array of available specialized services include: residential crisis  treatment,  residential  day  treatment,  medication monitoring by psychiatric nursing staff, and potential commitment to the central New York Psychiatric Center.   28.  "Level two facility" means a correctional facility at which staff from the office of mental health are assigned on a full-time  basis  and able  to  provide  treatment  to  incarcerated  individuals with a major mental  disorder,  but  such  disorder  is  not  as  acute  as  that  of incarcerated individuals who require placement at a level one facility.   29.  "Level  three  facility"  means  a correctional facility at which staff from the office of mental health are assigned on a part-time basis and able to provide treatment and medication to incarcerated individuals who either have a moderate mental disorder, or who are in remission from a disorder, and who are determined by staff  of  the  office  of  mental health to be able to function adequately in the facility with such level of staffing.   30. "Level four facility" means a correctional facility at which staff from  the  office of mental health are assigned on a part-time basis and able to provide treatment to incarcerated individuals  who  may  require limited intervention, excluding psychiatric medications.    31.  "Community  supervision"  means  the  supervision  of individuals released into the community on temporary release,  presumptive  release, parole, conditional release, post release supervision or medical parole.   32.  "Correctional  association" means the correctional association of New York, duly incorporated by chapter  six  of  the  laws  of  eighteen forty-six, and any of its employees, board members, and designees.   * 33.  "Special populations" means any person: (a) twenty-one years of age or younger; (b) fifty-five  years  of  age  or  older;  (c)  with  a disability  as  defined  in  paragraph  (a) of subdivision twenty-one of section two hundred ninety-two of the  executive  law;  or  (d)  who  is pregnant,  in  the  first eight weeks of the post-partum recovery period after giving birth, or caring for a child in a correctional  institution pursuant  to  subdivisions two or three of section six hundred eleven of this chapter.   * NB Effective March 31, 2022   * 34. "Residential rehabilitation unit" means a separate housing  unit used   for   therapy,   treatment,  and  rehabilitative  programming  of incarcerated people who  have  been  determined  to  require  more  than fifteen   days   of   segregated   confinement  pursuant  to  department proceedings. Such units shall be therapeutic  and  trauma-informed,  and aim  to  address  individual  treatment  and  rehabilitation  needs  and underlying causes of problematic behaviors.   * NB Effective March 31, 2022