NY Corr L § 93 (2021)
2021 New York Laws COR - Correction Article 5 - Coordinated Use of State and Local Correctional Institutions 93 - Temporary Custody of Sentenced Incarcerated Individuals in Emergencies.

§  93.  Temporary  custody  of  sentenced  incarcerated individuals in emergencies. 1. Whenever a state of emergency shall be declared  by  the chief  executive  officer  of a local government pursuant to section two hundred nine-m of the general municipal law, the chief executive officer of the county in which such state of emergency is declared, or  where  a county  or counties are wholly within a city the mayor of such city, may request  the  governor  to  remove  all  or  any  number  of   sentenced incarcerated  individuals from institutions maintained by such county or city. Upon receipt of such request, if the governor  is  satisfied  that the  public  interest  so  requires,  the  governor  may,  in his or her discretion, authorize and direct the state commissioner  of  corrections and community supervision to remove such incarcerated individuals.   2.  Upon  receipt  of  any  such  direction  the state commissioner of corrections and community supervision shall transport such  incarcerated individuals  to  any  correctional  facility  in the department and such incarcerated individuals  shall  be  retained  in  the  custody  of  the department,  subject to all laws and rules and regulations pertaining to incarcerated  individuals  in  the  custody  of  the  department,  until returned  to  the institution from which they were removed or discharged or released in accordance with the law.   3. In the event that the state department of corrections and community supervision does not  have  space  in  its  correctional  facilities  to accommodate all or any number of the incarcerated individuals so removed from a local institution, the commissioner shall have the power to lodge any  number  of  such  incarcerated  individuals  in  any  county  jail, workhouse or penitentiary within the state that has room to receive them and such institution shall be  required  to  receive  such  incarcerated individuals.  Incarcerated individuals so lodged shall be subject to all rules and regulations pertaining to incarcerated  individuals  committed to  such  institution  until returned to the institution from which they were removed, or removed to a state correctional facility, or discharged or  released  in  accordance  with  the  law;  provided,  however,  that incarcerated  individuals  discharged  or  released  from any such local institution  shall  be  entitled  to   receive   clothing,   money   and transportation  from  the  state department of corrections and community supervision to the same extent as incarcerated individuals discharged or released from a state correctional facility.   4. When sentenced incarcerated individuals have been  removed  from  a penitentiary pursuant to this section, such penitentiary may be used for the  purpose  of  detention of prisoners awaiting trial or for any other purpose to which a county jail may be put.   5. The  original  order  of  commitment  and  any  other  case  record pertaining  to incarcerated individuals removed pursuant to this section shall be delivered to the head of any institution in which he or she may be lodged and shall be returned to the institution from which he or  she was removed at the time of his or her return to such institution or upon his or her release or discharge in accordance with the law.   6.  Incarcerated individuals removed from a local institution pursuant to a request made under subdivision one of this section may be  returned to  such  institution  by  the  state  commissioner  of  corrections and community supervision, subject to the approval of the governor,  at  any time such commissioner is satisfied that the return of such incarcerated individuals is not inconsistent with the public interest.   7.   The  county  or  city  maintaining  the  institution  from  which incarcerated individuals are removed pursuant to subdivision one of this section shall be liable for all damages arising out of any act performed pursuant to this section and for reimbursement for the following items:  (a) The cost of clothing, money and transportation  furnished  to  any incarcerated  individual  who  is  released  or  discharged prior to the return of such incarcerated individual to the institution from which  he or  she  is removed shall be paid to the state department of corrections and community supervision; and  (b)  The  cost  of maintaining any incarcerated individual in a county jail, workhouse or penitentiary shall be paid to  the  local  government that  maintains  such  institution.  Such  cost  shall be the actual per capita daily cost, as certified to the state commissioner of corrections and community supervision.