2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 70 - Establishment, Use and Designation of Correctional Facilities.

§  70.  Establishment, use and designation of correctional facilities.
1.
(a)  Except  as  provided  in  paragraphs  (b)  and  (c)  of  this
subdivision,  every  institution  operated  by  the  department  for the
confinement of persons  under  sentence  of  imprisonment,  or  for  the
confinement  of  persons committed for failure to pay a fine, shall be a
correctional facility.
(b) An institution  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 shall not be deemed to be a
correctional facility.
(c) An institution operated by the  department  as  a  drug  treatment
campus,  as defined in subdivision twenty of section two of this chapter
and used to provide intensive drug treatment services for  parolees  and
certain  parole  violators,  shall  not  be  deemed to be a correctional
facility.
2. Correctional facilities shall be used for the purpose of  providing
places  of  confinement  and  programs  of  treatment for persons in the
custody of the department. Such use shall be  suited,  to  the  greatest
extent  practicable,  to the objective of assisting sentenced persons to
live as law abiding citizens.  In  furtherance  of  this  objective  the
department may establish and maintain any type of institution or program
of  treatment,  not  inconsistent with other provisions of law, but with
due regard to:
(a) The safety and security of the community;
(b) The right of every person in the  custody  of  the  department  to
receive humane treatment; and
(c)  The  health  and  safety  of  every  person in the custody of the
department.
3. (a) The commissioner may continue to maintain,  as  a  correctional
facility,  any  institution  operated  by  the  department  prior to May
eighth, nineteen hundred seventy, and may  add  to  or  close  any  such
place,  and  may  establish and maintain new correctional facilities, in
accordance with the needs of the department  and  provided  expenditures
for  such  purposes  are  within  amounts  made  available  therefor  by
appropriation;  provided,  however,  that  before  the  closure  of  any
correctional  facility,  for  reasons  other  than  those  set  forth in
paragraph (a)  of  subdivision  eight  of  section  forty-five  of  this
chapter,  the provisions of section seventy-nine-a of this article shall
be adhered to.
(b) A correctional camp or a shock incarceration correctional facility
may be established by  the  department  (i)  upon  land  controlled  and
designated   by  the  commissioner,  or  (ii)  on  land  controlled  and
designated  by  the  commissioner  of  parks,  recreation  and  historic
preservation  or,  in  the  sixth  park  region,  by the commissioner of
environmental conservation.
4.  Two  or  more  correctional  facilities  may  be   maintained   or
established  in the same building or on the same premises so long as the
incarcerated individuals of each are at  all  times  kept  separate  and
apart  from  each  other except that the incarcerated individuals of one
may be permitted to have contact with incarcerated  individuals  of  the
other  in order to perform duties, receive therapeutic treatment, attend
religious  services  and  engage  in  like  activities  as  specifically
provided in the rules and regulations of the department.
5.  Each  correctional  facility  must  be designated in the rules and
regulations of the department and no correctional facility can  be  used
by  the  department  for  confinement  of  persons  unless the rules and
regulations of the department specify at least the following:
(a) The name and location of the facility;
(b) Whether the facility is to be used for the confinement of males or
for the confinement of females;
(c)  The age range of the persons who may be confined in the facility;
and
(d) The classification of the facility.
6. Correctional facilities shall be classified by the commissioner  in
accordance with the following types of classifications:
(a)  Each  facility  shall  be  classified with respect to the type of
security maintained as either a  maximum,  medium  or  minimum  security
facility.
(b)  Each  facility  shall  be classified with respect to the function
served in accordance with one or more of the following  categories:  (i)
reception  center;  (ii) residential treatment facility; (iii) detention
center; (iv) correctional camp; (v)  diagnostic  and  treatment  center;
(vi)  general  confinement facility; (vii) work release facility; (viii)
shock incarceration correctional facility; (ix)  alcohol  and  substance
abuse  treatment  facility;  (x)  alcohol  and substance abuse treatment
correctional annex.
7. The commissioner shall have the  authority  to  enter  into  leases
within  the amount appropriated therefor, for the purpose of maintaining
or establishing any correctional facility or any adjunct thereto.
8. The commissioner is authorized to enter into contracts, within  the
amount  appropriated  therefor,  with  any  university, social agency or
qualified person to render professional  services  to  any  correctional
facility.