2023 New York Laws › COR - Correction › Article 5 - Coordinated Use of State and Local Correctional Institutions › 94 - Use of Local Government Institutions for Residential Treatment of Persons Under the Custody of the State Department of Corrections and Community Supervision.

§  94.  Use of local government institutions for residential treatment
of persons under the custody of the state department of corrections  and
community  supervision.  1.  The  state  commissioner of corrections and
community supervision is hereby authorized to transfer any  incarcerated
individual  under  the care or custody of the department who is eligible
to be transferred to a  residential  treatment  facility  under  section
seventy-three   of  this  chapter  to  any  county  jail,  workhouse  or
penitentiary for the purpose  of  having  such  incarcerated  individual
engage  in  a residential treatment facility program; provided, however,
that:
(a) Such incarcerated individual has resided or was  employed  or  has
dependents  or  parents who reside in the county, or in a county that is
contiguous to the county, in which the institution to which  he  or  she
would be transferred is located;
(b)   Arrangements  have  been  made  for  the  education,  on-the-job
training, employment or for some other rehabilitative treatment of  such
incarcerated individual in the county, or in a county that is contiguous
to  the  county,  in  which  the institution to which he or she would be
transferred is located; and
(c)  The  sheriff,  warden,  superintendent,  local  commissioner   of
correction  or  other  person  in charge of the institution to which the
incarcerated individual would be transferred consents to such transfer.
2. An incarcerated individual so transferred shall continue to  be  in
the  custody  of  the  state  department  of  corrections  and community
supervision but shall, during the period of such  transfer,  be  in  the
care  of  the head of the institution to which he or she is transferred.
The provisions of section seventy-three of this chapter shall  apply  in
the  case  of  any  such  transfer  as  fully  and  completely as if the
incarcerated individual were  transferred  to  a  residential  treatment
facility,  and  the  head  of  the institution to which the incarcerated
individual is transferred and the officers and employees  thereof  shall
have  and  may  exercise  all  of  the powers of the superintendent of a
residential treatment facility with respect to the care  or  custody  of
such incarcerated individual.
In any case where an incarcerated individual is employed, however, the
provisions  of  subdivision nine of such section seventy-three shall not
apply and the wages or salary of such incarcerated individual  shall  be
dealt  with under the provisions applicable to a work release program in
the type of institution to which he or she is transferred as provided in
section one hundred fifty-four or  eight  hundred  seventy-two  of  this
chapter  as  the  case  may  be;  and  in  the  event  such incarcerated
individual is returned to a state  correctional  facility,  any  balance
remaining  in  the  trust  fund  account  shall  be  paid  over  to  the
superintendent of such facility and shall be deposited by him or her  as
incarcerated  individuals' funds pursuant to section one hundred sixteen
of this chapter.
3. If at any time  the  head  of  a  local  institution  to  which  an
incarcerated  individual  is  transferred  under  this section is of the
opinion that continued care of  such  incarcerated  individual  in  such
institution  is inconsistent with the welfare or safety of the community
or of the institution or its incarcerated individuals,  he  or  she  may
request the state commissioner to return such incarcerated individual to
a state correctional facility and, upon the receipt of any such request,
the  commissioner  shall  cause  such  incarcerated  individual to be so
returned promptly  and  at  the  expense  of  the  state  department  of
corrections and community supervision.
4.  The  expenses  of  any  such  transfer  shall be paid by the state
department of corrections and community supervision and the commissioner

is hereby authorized to  reimburse  the  local  institution  for  a  sum
determined  by  the head of such institution and agreed to in advance by
the commissioner to be the cost of food, lodging and clothing within the
institution,  and  the  actual  and  necessary  food,  travel  and other
expenses required for a program outside  the  institution,  incurred  or
advanced by the institution; provided, however, that:
(a)  In any case where the commissioner has a pending agreement with a
locality under section ninety-one  of  this  article,  the  commissioner
shall  not  reimburse  the  local  institution for any cost incurred for
food, lodging and clothing within the institution; and
(b) The wages or salary, if any, of such incarcerated individual shall
be used for such reimbursement and shall be applied to defray any  costs
authorized to be paid under this section before any amount shall be paid
by  the  commissioner  hereunder, and any such wages or salary may be so
applied  irrespective  of  the  provisions  of  paragraph  (a)  of  this
subdivision.