2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 73 - Residential Treatment Facilities.

§  73.  Residential  treatment  facilities.  1.  The  commissioner may
  transfer any incarcerated individual of a correctional facility  who  is
  eligible  for  community  supervision  or  who  will become eligible for
  community supervision within six months after the date  of  transfer  or
  who  has  one  year  or  less  remaining  to  be served under his or her
  sentence to a residential treatment facility  and  such  person  may  be
  allowed to go outside the facility during reasonable and necessary hours
  to   engage   in   any   activity  reasonably  related  to  his  or  her
  rehabilitation and in accordance with the program established for him or
  her. While outside the facility he or she shall be at all times  in  the
  custody of the department and under its supervision.
2.  The  department  shall  be  responsible  for  securing appropriate
  education,  on-the-job  training   and   employment   for   incarcerated
  individuals   transferred   to  residential  treatment  facilities.  The
  department also shall supervise  such  incarcerated  individuals  during
  their  participation  in activities outside any such facility and at all
  times while they are outside any such facility.
3. Programs directed toward the rehabilitation and total reintegration
  into the community of persons transferred  to  a  residential  treatment
  facility  shall  be  established.  Each incarcerated individual shall be
  assigned a specific program by the superintendent of the facility and  a
  written memorandum of such program shall be delivered to him or her.
4.  If  at  any  time  the  superintendent  of a residential treatment
  facility is of the opinion that any aspect of the program assigned to an
  individual is inconsistent with the welfare or safety of  the  community
  or  of  the facility or its incarcerated individuals, the superintendent
  may  suspend  such  program  or  any  part  thereof  and  restrict   the
  incarcerated individual's activities in any manner that is necessary and
  appropriate.  Upon  taking such action the superintendent shall promptly
  notify the commissioner and pending decision by  the  commissioner,  the
  superintendent may keep such incarcerated individual under such security
  as may be necessary.
5.  The  commissioner  may  at any time and for any reason transfer an
  incarcerated individual from a residential treatment facility to another
  correctional facility.
6. Where a person who is an incarcerated individual of  a  residential
  treatment  facility absconds, or fails to return thereto as specified in
  the program approved for him or her, he  or  she  may  be  arrested  and
  returned  by  an  officer  or employee of the department or by any peace
  officer, acting pursuant to his or her special duties, or police officer
  without a warrant; or a member of the board  of  parole  or  an  officer
  designated  by  such  board may issue a warrant for the retaking of such
  person. A warrant issued pursuant to this  subdivision  shall  have  the
  same  force  and  effect, and shall be executed in the same manner, as a
  warrant issued for violation of community supervision.
7. The provisions of this chapter relating to good behavior allowances
  and  conditional  release  shall  apply  to  behavior  of   incarcerated
  individuals  while  assigned  to  a  residential  treatment facility for
  behavior on the premises and outside the premises of such  facility  and
  good   behavior  allowances  may  be  granted,  withheld,  forfeited  or
  cancelled in whole or in part for behavior outside the premises  of  the
  facility  to  the  same extent and in the same manner as is provided for
  incarcerated individuals within the premises of any facility.
8. The state board of parole may  grant  parole  to  any  incarcerated
  individual  of  a residential treatment facility at any time after he or
  she becomes eligible therefor. Such parole shall be in  accordance  with
  provisions  of law that would apply if the person were still confined in
  the facility from which he or  she  was  transferred,  except  that  any

  personal  appearance  before the board may be at any place designated by
  the board.
9.  The  earnings  of  any  incarcerated  individual  of a residential
  treatment facility shall be dealt with in accordance with the  procedure
  set forth in section eight hundred sixty of this chapter.
10.  The  commissioner  is authorized to use any residential treatment
  facility as a residence for persons who are  on  community  supervision.
  Persons  who reside in such a facility shall be subject to conditions of
  community supervision imposed by the board.