2023 New York Laws › COR - Correction › Article 1 - Short Title; Definitions › 2 - Definitions.

§  2.  Definitions.  When  used  in  this  chapter,  unless  otherwise
expressly stated or the context or subject  matter  otherwise  requires,
the following terms have the following meanings:
1.   "Department"  means  the  state  department  of  corrections  and
community supervision;
2. "Commissioner" means the  state  commissioner  of  corrections  and
community supervision;
3. "Commission" means the state commission of correction;
4.  (a)  "Correctional facility". Any place operated by the department
and designated by the commissioner as a place  for  the  confinement  of
persons  under sentence of imprisonment or persons committed for failure
to pay a fine. Except as provided in paragraph (b) of this  subdivision,
whenever  reference  has  been or hereafter will be made in any statute,
judgment, sentence, commitment, court order  or  otherwise  to  a  state
prison,  state reformatory, reception center, diagnostic center or other
institution or facility in  the  department,  such  reference  shall  be
deemed to mean "correctional facility".
(b)  The term "correctional facility" shall not, however, be deemed to
mean or to include any place 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.
(c) Whenever the  term  "institution"  is  used  in  this  chapter  or
elsewhere  in  such context as to mean an institution in the department,
such term shall be deemed to include  correctional  facilities  and  any
other place operated by the department as a place for the confinement of
persons.
5.   "Reception   center".  A  correctional  facility  for  reception,
classification  and  program-planning  for  purposes   of   confinement,
treatment and transfer.
6.   "Residential   treatment   facility".   A  correctional  facility
consisting of a community based residence in or near a  community  where
employment, educational and training opportunities are readily available
for persons who are on parole or conditional release and for persons who
are  or  who  will  soon be eligible for release on parole who intend to
reside in or near that community when released.
7. "Detention center".  A  correctional  facility  for  the  temporary
detention of persons taken into custody upon violation of parole or upon
violation  of  a  condition  of release, or of persons being transferred
from other correctional facilities, or of persons who  are  assigned  to
other  correctional  facilities  for  confinement  but whose presence is
required in court or for some  other  purpose  at  a  location  that  is
distant from the institution of confinement.
8.  "Correctional  Camp". A correctional facility consisting of a camp
maintained for the purpose of including conservation work in the program
of incarcerated individuals.
9. "Diagnostic and treatment center". A correctional facility operated
for the purpose of providing intensive physical, mental and sociological
diagnostic  and  treatment  services  including  pre-parole   diagnostic
evaluation, where requested by the board of parole, and scientific study
of the social and mental aspects of the causes of crime.
10.  "General  confinement  facility".  A  correctional  facility  for
confinement  and  treatment  of  persons  under  institutional  programs
oriented to education, vocational training and industry.
11. "Work release facility". A facility designated by the commissioner
as an institution that may conduct a work release program.
12.   "Superintendent".   The   chief   administrative  officer  of  a
correctional facility.  Whenever  the  term  "warden"  appears  in  this

chapter  in  such  context as to mean an officer of a state correctional
facility, such reference shall be deemed to mean "superintendent".
13. "Infant" or "minor" means a person who has not attained the age of
eighteen years.
* 14.   "Community   treatment   facility."   A  residential  chemical
dependence facility approved as provided in section 32.01 of the  mental
hygiene law or pursuant to section 32.31 of such law used exclusively to
provide  substance abuse treatment services to persons eligible pursuant
to section seventy-two-a of this chapter and who are otherwise  eligible
for  temporary  release  pursuant  to  subdivision  two of section eight
hundred fifty-one of this chapter. These facilities  shall  be  separate
and  distinct  so  as  not to replace existing substance abuse treatment
services.
* NB Expires September 1, 2025
15.  "Shock  incarceration  correctional  facility".  A   correctional
facility  designated  by  the  commissioner  as  an institution that may
conduct a shock incarceration program.
16. (a) "Local correctional facility." Any place operated by a  county
or  the  city of New York as a place for the confinement of persons duly
committed to secure their attendance as witnesses in any criminal  case,
charged  with crime and committed for trial or examination, awaiting the
availability of a court, duly committed for any contempt or  upon  civil
process,  convicted of any offense and sentenced to imprisonment therein
or  awaiting  transportation  under  sentence  to  imprisonment   in   a
correctional facility, or pursuant to any other applicable provisions of
law.
(b) Whenever the term "jail", "penitentiary" or "workhouse" is used in
this  chapter,  such  term  shall  be  deemed to mean local correctional
facility.
(c) Whenever the term "sheriff" is used in  this  chapter,  such  term
shall  be  deemed to include the warden, superintendent, or other person
in charge of a local correctional facility.
17. "Alcohol and substance abuse treatment facility."  A  correctional
facility  designed  to house medium security incarcerated individuals as
defined by department rules and regulations and operated for the purpose
of providing intensive alcohol and substance abuse  treatment  services.
Such  services  shall  ensure comprehensive treatment for alcoholism and
substance abuse to incarcerated individuals who have been identified  by
the  commissioner  or  his  or  her  designee as having had or presently
having a history of alcoholism or substance abuse. Such  services  shall
be  provided  in  the  facility  in  accordance  with  minimum standards
promulgated by the department after  consultation  with  the  office  of
alcoholism and substance abuse services.
* 18.  "Alcohol  and  substance abuse treatment correctional annex." A
medium  security  correctional  facility  consisting  of  one  or   more
residential  dormitories,  which provide intensive alcohol and substance
abuse treatment  services  to  incarcerated  individuals  who:  (i)  are
otherwise  eligible  for temporary release, or (ii) stand convicted of a
felony defined in article two hundred twenty or two  hundred  twenty-one
of  the  penal  law,  and  are  within  six  months of being an eligible
incarcerated individual as that term is defined in  subdivision  two  of
section   eight   hundred  fifty-one  of  this  chapter  including  such
incarcerated individuals who are participating in such program  pursuant
to  subdivision  six  of section 60.04 of the penal law. Notwithstanding
the  foregoing  provisions  of  this   subdivision,   any   incarcerated
individual to be enrolled in this program pursuant to subdivision six of
section  60.04  of the penal law shall be governed by the same rules and
regulations promulgated by the department, including without  limitation

those rules and regulations establishing requirements for completion and
those  rules  and  regulations governing discipline and removal from the
program. No such period of court ordered corrections  based  drug  abuse
treatment  pursuant  to  this  subdivision  shall  be required to extend
beyond the defendant's conditional release date. Such treatment services
may be provided by one or more outside  service  providers  pursuant  to
contractual  agreements with the department, provided, however, that any
such provider shall be required to continue to provide, either  directly
or  through  formal  or informal agreement with other providers, alcohol
and substance abuse treatment services to incarcerated  individuals  who
have   successfully   participated   in  such  provider's  incarcerative
treatment services and who have been  presumptively  released,  paroled,
conditionally released or released to post release supervision under the
supervision  of  the  department  and  who  are,  as a condition of such
release,  required  to  participate  in  alcohol  or   substance   abuse
treatment. Such incarcerative services shall be provided in the facility
in accordance with minimum standards promulgated by the department after
consultation with the office of alcoholism and substance abuse services.
Such services to parolees shall be provided in accordance with standards
promulgated  by  the  department  after  consultation with the office of
alcoholism and  substance  abuse  services.  Notwithstanding  any  other
provision of law, any person who has successfully completed no less than
six  months  of intensive alcohol and substance abuse treatment services
in one of the department's eight designated alcohol and substance  abuse
treatment  correctional  annexes having a combined total capacity of two
thousand five hundred  fifty  beds  may  be  transferred  to  a  program
operated  by  or  at a residential treatment facility, provided however,
that a person under a determinate  sentence  as  a  second  felony  drug
offender  for  a  class  B felony offense defined in article two hundred
twenty of the penal law, who was sentenced pursuant to section 70.70  of
such  law, shall not be eligible to be transferred to a program operated
at  a  residential  treatment  facility  until  the  time  served  under
imprisonment  for  his  or  her determinate sentence, including any jail
time credited pursuant to subdivision three  of  section  70.30  of  the
penal  law, shall be at least nine months. The commissioner shall report
annually to the temporary president of the senate and the speaker of the
assembly commencing January first, two thousand  twelve  the  number  of
incarcerated individuals received by the department during the reporting
period  who  are  subject  to  a  sentence  which includes enrollment in
substance abuse treatment in accordance with subdivision six of  section
60.04  of the penal law, the number of such incarcerated individuals who
are not placed in such  treatment  program  and  the  reasons  for  such
occurrences.
* NB Effective until September 1, 2025
* 18.  "Alcohol  and  substance abuse treatment correctional annex." A
medium  security  correctional  facility  consisting  of  one  or   more
residential  dormitories  which  provide intensive alcohol and substance
abuse treatment  services  to  incarcerated  individuals  who:  (i)  are
otherwise  eligible  for temporary release, or (ii) stand convicted of a
felony defined in article two hundred twenty or two  hundred  twenty-one
of  the  penal  law,  and  are  within  six  months of being an eligible
incarcerated individual as that term is defined in  subdivision  two  of
section   eight   hundred  fifty-one  of  this  chapter  including  such
incarcerated individuals who are participating in such program  pursuant
to  subdivision  six  of section 60.04 of the penal law. Notwithstanding
the  foregoing  provisions  of  this   subdivision,   any   incarcerated
individual to be enrolled in this program pursuant to subdivision six of
section  60.04  of the penal law shall be governed by the same rules and

regulations promulgated by the department, including without  limitation
those rules and regulations establishing requirements for completion and
those  rules  and  regulations governing discipline and removal from the
program.  No  such  period of court ordered corrections based drug abuse
treatment pursuant to this  subdivision  shall  be  required  to  extend
beyond the defendant's conditional release date. Such treatment services
may  be  provided  by  one or more outside service providers pursuant to
contractual agreements with the department, provided, however, that  any
such  provider shall be required to continue to provide, either directly
or through formal or informal agreement with  other  providers,  alcohol
and  substance  abuse treatment services to incarcerated individuals who
have  successfully  participated  in   such   provider's   incarcerative
treatment  services  and  who have been presumptively released, paroled,
conditionally released or released to post release supervision under the
supervision of the department and  who  are,  as  a  condition  of  such
release,   required   to  participate  in  alcohol  or  substance  abuse
treatment. Such incarcerative services shall be provided in the facility
in accordance with minimum standards promulgated by the department after
consultation with the office of alcoholism and substance abuse services.
Such services to parolees shall be provided in accordance with standards
promulgated by the department after  consultation  with  the  office  of
alcoholism  and  substance abuse services. The commissioner shall report
annually to the majority leader of the senate and  the  speaker  of  the
assembly  commencing  January  first,  two thousand twelve the number of
incarcerated individuals received by the department during the reporting
period who are subject  to  a  sentence  which  includes  enrollment  in
substance  abuse treatment in accordance with subdivision six of section
60.04 of the penal law, the number of such incarcerated individuals  who
are  not  placed  in  such  treatment  program  and the reasons for such
occurrences.
* NB Effective September 1, 2025
19. "Vocational and skills training  facility"  means  a  correctional
facility  designated  by  the  commissioner  to provide a vocational and
skills training program ("VAST") to incarcerated  individuals  who  need
such service before they participate in a work release program. The VAST
facility  shall  provide  intensive  assessment,  counseling, job search
assistance and where appropriate academic and vocational instruction  to
program  participants.  Such assistance may include an assessment of any
incarcerated  individual's  education  attainment   level   and   skills
aptitudes;  career  counseling  and  exploration;  the  development of a
comprehensive instructional plan including identification of educational
and training needs that may extend beyond the date of  entry  into  work
release;   instructional   programs   including   GED   preparation   or
post-secondary instruction as appropriate; occupational skills training;
life skills training; employment readiness including workplace behavior;
and job search assistance. The department and the  department  of  labor
shall jointly develop activities providing career counseling, job search
assistance,   and  job  placement  services  for  participants.  Nothing
contained in this section shall be  deemed  to  modify  the  eligibility
requirements  provided  by  law  applicable  to incarcerated individuals
participating in a work release program.
20.  "Drug  treatment  campus"  means  a  facility  operated  by   the
department to provide a program of intensive drug treatment services for
individuals  sentenced  to  parole  supervision  sentences  pursuant  to
section 410.91 of the criminal  procedure  law  or  for  certain  parole
violators. All such treatment services shall be provided by, or with the
approval  of  and  pursuant to a plan developed in conjunction with, the
office of alcoholism and substance abuse services, and which plan  shall

include  but not be limited to provision for an appropriate continuum of
care that  includes  a  needs  assessment  and  treatment  services  for
individuals  while  at  this  facility  and  upon  discharge  from  such
facility,  including  an enhanced aftercare program. Notwithstanding the
foregoing, in the event that a person sentenced  to  parole  supervision
pursuant  to  section  410.91  of  the criminal procedure law requires a
degree of medical care or mental health care that cannot be provided  at
a  drug  treatment  campus, the department, in writing, shall notify the
person,     provide     a     proposal     describing     a     proposed
alternative-to-the-drug-treatment-campus  program, and notify him or her
that  he  or  she  may  object  in  writing   to   placement   in   such
alternative-to-the-drug-treatment-campus  program. If the person objects
in writing to placement in such alternative-to-the-drug-treatment-campus
program, the department shall notify the sentencing court, provide  such
proposal  to  the  court, and arrange for the person's prompt appearance
before the court. The court shall provide the proposal and notice  of  a
court  appearance  to  the  prosecutor,  the  person and the appropriate
defense attorney. After considering the proposal and any submissions  by
the  parties, and after a reasonable opportunity for the prosecutor, the
person and counsel to be heard, the  court  may  modify  its  sentencing
order  accordingly,  notwithstanding the provisions of section 430.10 of
the criminal procedure law.  A  person  who  successfully  completes  an
alternative-to-the-drug-treatment-campus  program  within the department
shall be treated in the same manner as a  person  who  has  successfully
completed  the drug treatment campus program, as set forth herein and in
section 410.91 of the criminal procedure law.
21. "Residential mental  health  treatment  unit"  means  housing  for
incarcerated  individuals  with  serious mental illness that is operated
jointly by the department  and  the  office  of  mental  health  and  is
therapeutic  in nature. Such units shall not be operated as disciplinary
housing  units,  and  decisions  about  treatment  and   conditions   of
confinement  shall  be  made  based  upon  a  clinical assessment of the
therapeutic needs of the  incarcerated  individual  and  maintenance  of
adequate  safety and security on the unit. Such units shall include, but
not be limited  to,  the  residential  mental  health  unit  model,  the
behavioral  health  unit  model,  the  intermediate care program and the
intensive intermediate care program. The  models  shall  be  defined  in
regulations  promulgated  by  the  department  in  consultation with the
commissioner of mental  health  consistent  with  this  subdivision  and
section  four  hundred  one  of  this  chapter. Incarcerated individuals
placed in a residential mental health treatment unit shall be offered at
least four hours a day of structured out-of-cell therapeutic programming
and/or mental health treatment,  except  on  weekends  or  holidays,  in
addition  to  exercise,  and may be provided with additional out-of-cell
activities as are consistent with their mental health  needs;  provided,
however,  that  the  department  may  maintain no more than thirty-eight
behavioral health unit beds in which the number of hours of  out-of-cell
structured   therapeutic  programming  and/or  mental  health  treatment
offered to incarcerated individuals on a daily basis, except on weekends
or holidays, may be limited to only two hours.  Out-of-cell  therapeutic
programming  and/or  mental  health treatment need not be provided to an
incarcerated individual for a brief orientation period following his  or
her arrival at a residential mental health treatment unit. The length of
such orientation period shall be determined by a mental health clinician
but in no event shall be longer than five business days.
22.  "Mental  health  clinician"  means  a psychiatrist, psychologist,
social worker or nurse practitioner who is licensed by the department of
education and employed by the office of mental health.
23. "Segregated confinement" means the confinement of an  incarcerated
individual in any form of cell confinement for more than seventeen hours
a  day  other  than  in  a facility-wide emergency or for the purpose of
providing medical or mental health treatment. Cell confinement  that  is
implemented  due to medical or mental health treatment shall be within a
clinical area in the correctional facility or in as close proximity to a
medical or mental health unit as possible.
24. "Joint case management committee" means a  committee  composed  of
staff  from  the  department  and  the  office  of mental health. Such a
committee shall be established at each level one and level two facility.
Each committee shall consist of at  least  two  clinical  staff  of  the
office of mental health and two officials of the department. The purpose
of  such  committee  shall  be  to  review,  monitor  and coordinate the
behavior and treatment plan of any incarcerated individual who is placed
in segregated confinement or a residential mental health treatment  unit
and who is receiving services from the office of mental health.
25.   "Joint  central  office  review  committee"  means  a  committee
comprised of central office personnel from the department and the office
of mental health as designated by the respective commissioners.
26. "Treatment team" means a team consisting of  an  equal  number  of
individuals  from the department and the office of mental health who are
assigned to a residential mental health  treatment  unit  and  who  will
review  and determine each incarcerated individual's appropriateness for
movement through  the  various  program  phases,  when  applicable.  The
treatment  team  shall also review, monitor and coordinate the treatment
plans for all incarcerated individual participants.
27. "Level one facility" means a correctional facility at which  staff
from  the  office of mental health are assigned on a full-time basis and
able to provide treatment  to  incarcerated  individuals  with  a  major
mental  disorder.  The  array of available specialized services include:
residential crisis  treatment,  residential  day  treatment,  medication
monitoring by psychiatric nursing staff, and potential commitment to the
central New York Psychiatric Center.
28.  "Level two facility" means a correctional facility at which staff
from the office of mental health are assigned on a full-time  basis  and
able  to  provide  treatment  to  incarcerated  individuals with a major
mental  disorder,  but  such  disorder  is  not  as  acute  as  that  of
incarcerated individuals who require placement at a level one facility.
29.  "Level  three  facility"  means  a correctional facility at which
staff from the office of mental health are assigned on a part-time basis
and able to provide treatment and medication to incarcerated individuals
who either have a moderate mental disorder, or who are in remission from
a disorder, and who are determined by staff  of  the  office  of  mental
health to be able to function adequately in the facility with such level
of staffing.
30. "Level four facility" means a correctional facility at which staff
from  the  office of mental health are assigned on a part-time basis and
able to provide treatment to incarcerated individuals  who  may  require
limited intervention, excluding psychiatric medications.
31.  "Community  supervision"  means  the  supervision  of individuals
released into the community on temporary release,  presumptive  release,
parole, conditional release, post release supervision or medical parole.
32.  "Correctional  association" means the correctional association of
New York, duly incorporated by chapter  six  of  the  laws  of  eighteen
forty-six, and any of its employees, board members, and designees.
33.  "Special  populations"  means any person: (a) twenty-one years of
age or younger; (b) fifty-five  years  of  age  or  older;  (c)  with  a
disability  as  defined  in  paragraph  (a) of subdivision twenty-one of

section two hundred ninety-two of the  executive  law;  or  (d)  who  is
pregnant,  in  the  first eight weeks of the post-partum recovery period
after giving birth, or caring for a child in a correctional  institution
pursuant  to  subdivisions two or three of section six hundred eleven of
this chapter.
34. "Residential rehabilitation unit" means a  separate  housing  unit
used   for   therapy,   treatment,  and  rehabilitative  programming  of
incarcerated people who  have  been  determined  to  require  more  than
fifteen   days   of   segregated   confinement  pursuant  to  department
proceedings. Such units shall be therapeutic  and  trauma-informed,  and
aim  to  address  individual  treatment  and  rehabilitation  needs  and
underlying causes of problematic behaviors.