2023 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.