2023 New York Laws › COR - Correction › Article 5 - Coordinated Use of State and Local Correctional Institutions › 95 - Use of Local Government Institutions for Confinement of Persons Under Custody With or Awaiting Transfer to the Department.

§  95. Use of local government institutions for confinement of persons
  under  custody  with  or  awaiting  transfer  to  the   department.   1.
  Notwithstanding  any  other provision of law, the commissioner is hereby
  authorized to contract with any county or the city of New York  for  the
  use of a local correctional facility to provide for the care and custody
  of  any person convicted of an offense and sentenced to a determinate or
  to an indeterminate sentence of imprisonment who is awaiting transfer to
  or has been transferred to the custody of the department as required  by
  section  430.20  of  the criminal procedure law; provided, however, that
  any such contract under this section shall not include  persons  charged
  with  or  found  to  be  in  violation  of parole or conditional release
  pursuant to subdivision three of section two hundred fifty-nine-i of the
  executive law.
2. Any such incarcerated individual shall  be  deemed  to  be  in  the
  custody  of and subject to the jurisdiction of the department but shall,
  during the period of his or her local confinement, be under the care  of
  the head of the local correctional facility in which he or she resides.
3.  If  at  any time the head of the local correctional facility is of
  the opinion that the continued care of such incarcerated  individual  in
  the  local  correctional  facility  is  inconsistent with the welfare or
  safety of the incarcerated individual, the community,  the  facility  or
  other   incarcerated  individuals,  he  or  she  may  demand  that  such
  incarcerated individual be transferred forthwith to the custody  of  the
  department.    Thereafter,  the department shall be obligated to receive
  into its custody such incarcerated individual in the  manner  prescribed
  for  the acceptance of newly sentenced incarcerated individuals required
  by section 430.20 of the criminal  procedure  law  unless  the  contract
  specifies   an  alternative  method  of  transfer.  Notwithstanding  the
  foregoing, in any case where the incarcerated individual in the care  of
  the  local  correctional facility pursuant to a contract as provided for
  in this section is convicted of a class A-1 felony offense or a class  B
  violent  felony offense or a class C violent felony offense, the head of
  the local  correctional  facility  may  demand  that  such  incarcerated
  individual  be  transferred  forthwith to the custody of the department.
  Thereafter, the department  shall  be  obligated  to  receive  into  its
  custody such incarcerated individual within forty-eight hours of receipt
  of such demand from the head of the local correctional facility.
4.  The commissioner is hereby authorized to reimburse the contracting
  county or the city of New York for a sum equivalent to  the  actual  per
  day  per capita cost, as certified by the appropriate local official, or
  one hundred dollars per day per capita, whichever is less.
5. No incarcerated individual shall be housed in a local  correctional
  facility  or  series  of  local  correctional  facilities  pursuant to a
  contract under subdivision one of this section for  a  period  exceeding
  six months.