reglab/statecodes huggingface dataset:
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 72-C - Placement of Individuals With Children.

§  72-c.  Placement  of  individuals  with children. 1. In determining
  placement  for  a  person  in  custody  of  the   department,   whenever
  practicable the commissioner shall place such person in the correctional
  institution  or  facility  which  is located in closest proximity to the
  primary place of residence of such person's minor child or  children  as
  defined  in subdivision thirty-one of section two of the social services
  law, provided that such placement is  suitable  and  appropriate,  would
  facilitate increased contact between such person and his or her child or
  children,  is  in  the  best interest of such child or children, and the
  incarcerated parent gives his or her consent to such placement.
2. To make a determination about whether such placement is in the best
  interest  of  such  child  or  children,  procedures  and  criteria  for
  assessing  such  placement  shall  be  developed  by  the  department in
  consultation with the office of children and family  services.  If  such
  person  has  more  than  one child, the department shall make a separate
  determination for each individual child.
3.  The  department  shall  submit  an  annual  report  regarding  the
  implementation of this section to the temporary president of the senate,
  the  speaker  of  the  assembly,  the  minority leader of the senate and
  minority leader of the assembly as well as to the chairs of  the  senate
  committee  on  crime  victims,  crime  and  correction  and the assembly
  standing committee on correction. The report shall include, but  not  be
  limited  to, the number of incarcerated persons who are parents of minor
  children, the aggregate number of  incarcerated  parents  by  county  of
  commitment,  the  number  of  incarcerated  parents  who are placed in a
  correctional facility in closest proximity to their children pursuant to
  this  section,  the  location  of  such  facilities,   the   number   of
  incarcerated  parents  for  whom  proximal placement was not provided, a
  general explanation of the reasons that such placement was not  provided
  which  shall  not include any identifying information, and the amount of
  incarcerated parents  who  declined  such  placement  pursuant  to  this
  section.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 74 - Discharge on Holidays, Saturdays and Sundays.

§  74. Discharge on holidays, Saturdays and Sundays. Where the date of
  release on parole or conditional release, or where the date of discharge
  from the care or custody of the department, falls on Saturday or Sunday,
  it shall be deemed to fall on the preceding Friday. Where  the  date  of
  such release or discharge falls on a legal holiday it shall be deemed to
  fall  on the preceding day, except that when such legal holiday falls on
  a Monday the date of release shall be deemed to fall  on  the  preceding
  Friday. Notwithstanding the foregoing, or any other provision of the law
  to the contrary, the commissioner, in his or her discretion, may advance
  the  release  date of an incarcerated individual, who is scheduled to be
  released on a Friday, to a Thursday in any case where  the  incarcerated
  individual will serve a period of community supervision upon release and
  the  commissioner  determines  that  public safety will be enhanced by a
  next day reporting requirement.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 75 - Notice of Voting Rights.

§   75.  Notice  of  voting  rights.  Prior  to  the  release  from  a
  correctional facility of any person the  department  shall  notify  such
  person  verbally  and  in writing, that his or her voting rights will be
  restored upon release and provide such person with a form of application
  for voter  registration  and  a  declination  form,  offer  such  person
  assistance  in filling out the appropriate form, and provide such person
  written information  distributed  by  the  board  of  elections  on  the
  importance  and  the  mechanics of voting. Upon release, such person may
  choose to either submit his or her completed application  to  the  state
  board  or  county board where such person resides or have the department
  transmit it on his or her behalf. Where such person chooses to have  the
  department  transmit  the application, the department shall transmit the
  completed application upon such person's release to the state  board  or
  county board where such person resides.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 76 - Notice of Transitional Services for Incarcerated Individuals Released From Correctional Facilities.

§  76.  Notice  of  transitional services for incarcerated individuals
released from correctional facilities. 1. (a) Prior to the release of an
incarcerated individual from a  correctional  facility,  the  department
shall   provide   such   incarcerated  individual  with  information  on
transitional services  available  in  the  county  or  city  where  such
incarcerated  individual  is  scheduled to be released. Such information
shall include programs designed to promote the successful and productive
reentry and reintegration of an  incarcerated  individual  into  society
including   medical  and  mental  health  services,  HIV/AIDS  services,
educational, vocational and employment services,  alcohol  or  substance
abuse  treatment  and  housing services. The department shall maintain a
current list of transitional services which shall be  updated  regularly
in  order to effectuate the purposes of this section. Where appropriate,
the department shall provide assistance to an incarcerated individual in
contacting a program or service  provider  prior  to  such  incarcerated
individual's release to the community.
(b)  Upon  discharge of an incarcerated individual from a correctional
facility, the department shall provide such incarcerated individual with
educational information about the prevention of  human  immunodeficiency
virus (HIV) infection, instructions about how to obtain free HIV testing
upon  release,  including  contact  information  for  HIV counseling and
testing service providers located in the county or city  in  which  such
incarcerated individual intends to reside upon release, and referrals to
community-based  HIV  prevention,  education  and  counseling  resources
located in the county or city  in  which  such  incarcerated  individual
intends to reside upon release.
2. The commissioner shall consult with, and be entitled to receive the
assistance  of,  the  commissioners  of education, labor, health, mental
health and the office of temporary  and  disability  assistance  in  the
implementation of this section.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 78 - Discharge Plans.

§ 78. Discharge plans. The department, in consultation with the office
  of  children  and  family  services,  shall  provide discharge plans for
  juvenile offenders and adolescent offenders who are released  to  parole
  or  post-release  supervision,  which  are  tailored  to  address  their
  individual needs. Such plans shall include services designed to  promote
  public  safety  and  the  successful  and  productive  reentry  of  such
  adolescents into society.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 79 - Leasing of State Institutions to Cities or Counties for the Confinement of Prisoners.

§  79.  Leasing  of  state  institutions to cities or counties for the
  confinement of prisoners. 1. The commissioner is hereby  authorized  and
  empowered to lease to any city or county, upon such terms and conditions
  as  he  may  deem appropriate, all or any part of any state correctional
  institution or facility under his jurisdiction, to be used as an adjunct
  to a jail, penitentiary or correctional  institution  of  such  city  or
  county,   for  the  confinement  of  persons  sentenced  to  such  jail,
  penitentiary, or correctional institution. Such lease  may  provide  for
  the  commissioner to have the superintendence, management and control of
  the state correctional institution or facility, or part  thereof,  which
  is  the subject of such lease. Such lease shall provide for such city or
  county to pay to  the  state  the  actual  per  capita  daily  cost,  as
  certified to the appropriate local official by the commissioner, for the
  care  of such persons for each day of confinement, but, in any case, the
  reimbursement rate shall not exceed five dollars per day per capita.
* 2. The commissioner is hereby authorized and empowered to lease to a
  city having a population of one million  or  more,  on  such  terms  and
  conditions  as  he  may  deem  appropriate, all or any part of the state
  correctional facility under the department's jurisdiction at Ossining in
  Westchester county, to  be  used  as  an  adjunct  to  any  correctional
  institution  of such city used for the detention of persons charged with
  commission of a crime and committed to detention pending disposition  of
  such  charge,  for the detention of such persons. Such lease may provide
  for the commissioner to have the superintendence, management and control
  of the state correctional facility or part thereof which is the  subject
  of  such  lease.  This  subdivision shall not limit the authority of the
  commissioner of general  services  provided  in  chapter  seven  hundred
  twenty-five  of  the laws of nineteen hundred seventy, to convey certain
  lands described in such chapter to the county of Westchester.
* NB Expired August 1, 1977
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 79-A - Closure of Correctional Facilities; Notice.

§ 79-a. Closure of correctional facilities; notice. 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 commissioner shall take the following actions:
1. confer with the department of civil service, the governor's  office
  of  employee  relations  and  any  other  appropriate  state agencies to
  develop strategies which attempt to minimize the impact of  the  closure
  on the state work force;
2.  consult  with the department of economic development and any other
  appropriate state  agencies  to  develop  strategies  which  attempt  to
  minimize  the  impact  of  such  closures  on  the  local  and  regional
  economies; and
3. provide notice by certified mail to (i) all  local  governments  of
  any political subdivision in which the correctional facility is located,
  (ii)  all employee labor organizations operating within, or representing
  employees of,  the  correctional  facility,  and  (iii)  managerial  and
  confidential  employees  employed  within  the  correctional facility at
  least twelve months prior to any such closure.
2023 New York Laws › COR - Correction › Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals › 79-B - Adaptive Reuse Plan for Consideration Prior to Prison Closure.

§ 79-b. Adaptive reuse plan for consideration prior to prison closure.
  Not  later  than  six months prior to the effective date of closure of a
  correctional facility, the commissioner of economic  development  shall,
  in  consultation  with  the  commissioner,  the  commissioners  of civil
  service, general services and the division of criminal justice services,
  the director of the governor's office of employee  relations,  officials
  of  all  local  governments  of  any  political subdivision in which the
  correctional  facility  is  located  and  any  other  appropriate  state
  agencies or authorities, provide a report for an adaptive reuse plan for
  any facility slated for closure which will evaluate the community impact
  of  the  proposed  closure  including  but  not limited to the following
  factors: the  potential  to  utilize  the  property  for  another  state
  government  purpose,  including  for  a new purpose as part of the state
  criminal justice system; potential for  the  sale  or  transfer  of  the
  property  to  a local government or other governmental entity; potential
  for the sale of the property to a private entity for development into  a
  business,  residential  or  other  purpose;  community  input  for local
  development; and the condition  of  the  facility  and  the  investments
  required  to keep the structure in good repair, or to make it viable for
  reuse.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 86 - Purpose of Alternate Correctional Facilities.

§  86.  Purpose  of  alternate correctional facilities. The purpose of
  this article  is  to  provide  an  extraordinary  method  for  relieving
  existing  emergency  space pressures in New York city local correctional
  facilities.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 87 - Definitions.

§  87. Definitions. As used in this article, the following terms shall
  have the following meanings:
1.  "Alternate  correctional  facility"  shall  mean  a   correctional
  facility  designed  to house medium security incarcerated individuals as
  defined by department rules and regulations, which is owned by the  city
  of  New  York,  operated  by  the  department  pursuant to the rules and
  regulations promulgated by the commissioner and in accordance  with  the
  operation  agreement as defined in subdivision five of this section, and
  used for  the  confinement  of  eligible  incarcerated  individuals,  as
  defined by subdivision four of this section.
2. "Panel" shall mean the alternate correctional facility review panel
  established pursuant to section eighty-nine-e of this article.
3.  "Construction  agreement"  shall  mean  an  agreement entered into
  pursuant to section eighty-eight of this article by the commissioner and
  the city of New York which governs the  construction  of  two  alternate
  correctional facilities of approximately seven hundred beds each, one at
  Ogdensburg and one at Cape Vincent, New York.
4.   "Eligible   incarcerated  individuals"  shall  mean  incarcerated
  individuals of a New York city correctional facility who  are  at  least
  nineteen  years  of  age,  who  are  serving  a  definite,  but  not  an
  intermittent, sentence of imprisonment, and who  do  not  have  criminal
  charges pending against them.
5. "Operation agreement" shall mean an agreement entered into pursuant
  to section eighty-eight of this article by the commissioner and the city
  of  New  York  which  governs  the  operation  of  one or both alternate
  correctional facilities and addresses all related issues, including, but
  not  limited  to,  general  staffing  levels  and  nature  of   staffing
  positions; composition of medical staff; availability of outside medical
  services;  procedures  and  criteria for selecting eligible incarcerated
  individuals;   availability   and   frequency   of   transportation   of
  incarcerated  individuals  and  visitors  of incarcerated individuals to
  such facility; availability, content and frequency  of  programming  for
  incarcerated  individuals;  mechanisms  to establish, monitor and review
  operating and capital expenditures; and  legal  representation  of  both
  incarcerated individuals and employees of such facilities.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 88 - Authorization for Alternate Correctional Facilities.

§  88.  Authorization  for  alternate  correctional  facilities. 1. As
  hereinafter provided in this article, the department is  authorized  and
  empowered  to  establish, operate and maintain under its jurisdiction no
  more than two alternate correctional facilities.
2. In carrying out the purposes of this article,  the  department  may
  acquire  land  for  and  construct the alternate correctional facilities
  authorized pursuant to this section.
3. Any acquisition  of  land  for  or  construction  of  an  alternate
  correctional  facility  shall  be governed by section twenty-one of this
  chapter, section one hundred twenty-seven of the state finance  law  and
  any  other  provisions  of law applicable to the acquisition of land for
  and construction of state correctional facilities. The department, if it
  elects, shall be the lead agency for all purposes under article eight of
  the  environmental  conservation   law   with   respect   to   alternate
  correctional facilities.
4.  For  each  alternate  correctional  facility,  the commissioner is
  hereby authorized and empowered to enter into a construction  agreement,
  an operation agreement, and any other agreements or leases with the city
  of  New  York  which  are  deemed by the commissioner to be necessary or
  convenient for  the  establishment,  operation  and  maintenance  of  an
  alternate correctional facility. An operation agreement shall govern the
  operation  of  an  alternate  correctional  facility for up to ten years
  after the commencement of housing of eligible  incarcerated  individuals
  at  such  facility.  The  commissioner  shall  not  operate an alternate
  correctional  facility  except  pursuant  to   an   executed   operation
  agreement.
5. All agreements entered into by the commissioner and the city of New
  York  pursuant  to this section shall be approved by the director of the
  budget and filed with the chairman of the senate finance committee,  the
  chairman  of  the assembly ways and means committee, the chairman of the
  senate crime and corrections committee and the chairman of the  assembly
  committee on correction.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89 - Establishment of Alternate Correctional Facilities.

§ 89. Establishment of alternate correctional facilities. An alternate
  correctional  facility shall be deemed to have been established when the
  commissioner has filed with the secretary of state a designation of such
  facility which sets forth, at a minimum, the name and  location  of  the
  facility,  a  copy  of  the  department's  rules and regulations for the
  operation of that facility, and a copy  of  all  applicable  agreements,
  including a construction agreement and an operation agreement.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-A - Management of Alternate Correctional Facilities.

§   89-a.   1.   Management   of  alternate  correctional  facilities.
  Superintendence,  management  and  control  of  alternate   correctional
  facilities  and  the  eligible  incarcerated  individuals housed therein
  shall be as directed by the commissioner consistent with the  following:
  an  alternate  correctional facility shall be operated pursuant to rules
  and regulations promulgated for such facilities by the  commissioner  in
  consultation  with the state commission of correction and the provisions
  of the operation agreement. The commissioner shall operate such facility
  insofar as practicable in the  same  manner  as  a  general  confinement
  facility  which  houses  medium security state incarcerated individuals.
  Nothing herein, however, shall preclude the commissioner from  enhancing
  staffing  or programming to accommodate the particular needs of eligible
  incarcerated  individuals  pursuant  to  the  operation  agreement.   No
  incarcerated  individual  shall  be housed in any alternate correctional
  facility until such facility has been established in accordance with the
  provisions of section eighty-nine of this article. The population in  an
  alternate  correctional facility shall not exceed its design capacity of
  approximately seven hundred  eligible  incarcerated  individuals  except
  pursuant  to  variances  permitted  by  law, rule or regulation or court
  order.
2.  Notwithstanding  any  other  provisions  of   law,   no   variance
  authorizing  an  alternate  correctional  facility  to exceed its design
  capacity shall  be  granted  after  March  fifteenth,  nineteen  hundred
  ninety-two  unless  the  mayor of the city of New York submits, together
  with the variance request, a certificate of emergency demonstrating  the
  need  for such variance and that reasonable alternatives to the granting
  of the variance do not exist,  and  containing  a  detailed  summary  of
  measures  that  will  be  taken  to  restore compliance with such design
  capacity. The chairman of  the  state  commission  of  correction  shall
  transmit,  in a timely manner, notice of such request to the chairmen of
  the senate crime and correction committee and  the  assembly  correction
  committee.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-B - Good Behavior Time Allowances Against Definite Sentences Served in Alternate Correctional Facilities.

§  89-b.  Good  behavior  time  allowances  against definite sentences
  served in alternate correctional facilities. Notwithstanding  any  other
  provision  of  law,  the  commissioner  shall  be  authorized  to grant,
  withhold, cause to be forfeited, or cancel time allowances  as  provided
  in  and  in compliance with section eight hundred four of the correction
  law.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-C - Use of Alternate Correctional Facilities.

§  89-c.  Use  of  alternate  correctional  facilities.  1.  Alternate
correctional  facilities  shall   serve   only   to   supplement   local
correctional  facilities  within  the  city  of New York. In considering
whether to assign an eligible incarcerated individual  to  an  alternate
correctional  facility  or to transfer such incarcerated individual from
such facility, preference shall be given to available space suitable for
housing  sentenced  incarcerated  individuals  at   local   correctional
facilities within the city of New York.
2.  Consistent  with the provisions of this article and subject to the
applicable rules and regulations for operation of alternate correctional
facilities and the provisions of the operation agreement, assignment  of
incarcerated  individuals  to alternate correctional facilities shall be
made jointly by the commissioner and the commissioner of  the  New  York
city department of correction. In making such assignments, consideration
shall  be given to incarcerated individuals who have a greater period of
time remaining to be served on their sentences, taking into account  any
applicable  jail time and good behavior time. No incarcerated individual
who is eligible for educational services pursuant to  subdivision  seven
of  section  three thousand two hundred two of the education law and who
chooses to avail himself or herself of such services shall  be  assigned
to an alternate correctional facility.
3.   Incarcerated   individuals  assigned  to  alternate  correctional
facilities shall be returned to a local correctional facility within the
city of New York at any such time as the commissioner determines:
(a) that the assignment was not in accordance with this article, or
(b) that the confinement of an incarcerated individual in an alternate
correctional facility is  no  longer  suitable  because  it  potentially
endangers the safety, security or order of the facility.
4.  Any  incarcerated  individual  who  is  eligible  for  educational
services pursuant to subdivision seven of  section  three  thousand  two
hundred  two  of  the education law shall also be returned to a New York
city local correctional facility if he or she chooses to  avail  himself
or herself of such services.
5.   Incarcerated   individuals  assigned  to  alternate  correctional
facilities shall be returned to a New York  city  correctional  facility
within  the  city  of  New  York no later than seven days prior to their
scheduled release or discharge from incarceration.
6. Notwithstanding  any  other  provisions  of  law,  no  incarcerated
individuals  from jurisdictions other than the city of New York shall be
housed at any time in an alternate correctional facility.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-D - Transportation.

§   89-d.  Transportation.  The  state  of  New  York  shall  have  no
  responsibility, financial or otherwise,  for  transporting  incarcerated
  individuals  between  a New York city local correctional facility and an
  alternate correctional facility,  regardless  of  the  reason  for  such
  transfer.  The city of New York shall be responsible for all such costs,
  as well as the actual transportation  and  supervision  of  incarcerated
  individuals during transport.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-E - Alternate Correctional Facility Review Panel.

§ 89-e. Alternate correctional facility review panel. 1. The alternate
  correctional  facility  review  panel  is  hereby  established and shall
  consist of the commissioner, the chairman of  the  state  commission  of
  correction,  the  chairman  of  the board of parole, the director of the
  office of probation and correctional alternatives, the  commissioner  of
  correction  of the city of New York, the president of the New York State
  Sheriffs'  Association  Institute,  Inc.,  and  the  president  of   the
  Correctional  Association  of  New York or their designees. The governor
  shall appoint a chairman and vice-chairman from among the members.
2. The panel shall be authorized to enter and inspect at any  and  all
  times each alternate correctional facility or any part thereof and shall
  have  access  to  all  books,  records  and  data pertaining to any such
  facility within the possession of the department relating to subdivision
  three of this section.
3. The panel shall examine whether alternate  correctional  facilities
  should  continue to be utilized, whether all steps practicable have been
  taken by the city of New York toward  finding  alternatives  to  housing
  eligible  incarcerated individuals in alternate correctional facilities,
  including the construction of correctional facilities within the city of
  New York and the  development  of  alternatives  to  incarceration,  and
  whether  there  has  been compliance with all applicable laws, rules and
  regulations and the operation agreement.
4. The panel shall prepare an annual report which shall be filed  with
  the  governor,  the  mayor  of the city of New York, the chairman of the
  senate crime and correction committee, and the chairman of the  assembly
  committee  on  correction  no  later than the first day of March of each
  year.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-F - Oversight.

§  89-f.  Oversight. The state commission of correction shall exercise
  the same  powers  and  duties  concerning  each  alternate  correctional
  facility as the commission is required to exercise concerning a New York
  state  correctional  facility.  The  commission  shall prepare an annual
  report on each alternate correctional facility which shall evaluate  and
  assess  the  department's  compliance  with  all  rules  and regulations
  applicable to that facility and the operation agreement and which  shall
  include  an  analysis  of  the  frequency  and  severity  of all unusual
  incidents and assaults occurring in that facility.  The  annual  reports
  shall be filed with the governor, the mayor of the city of New York, the
  chairman  of the senate crime and correction committee, and the chairman
  of the assembly committee on correction no later than the first  day  of
  June of each year.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-G - Costs for Establishing, Operating and Maintaining Alternate Correctional Facilities.

§  89-g.  Costs  for establishing, operating and maintaining alternate
  correctional facilities. 1. When the city of New York has  entered  into
  the  agreements as set forth in section eighty-eight of this article, it
  shall be obligated, to pay, in accordance with such  agreements  and  at
  such  times and in such amounts as may be determined by the commissioner
  and approved by the director of the  budget,  all  direct  and  indirect
  costs  associated  with  the  acquisition,  construction, establishment,
  capital repairs and  improvements,  operation  and  maintenance  of  the
  alternate correctional facility.
2.  Upon completion of the acquisition, construction and establishment
  of an alternate correctional facility, the  commissioner  shall  make  a
  final  determination  of the cost of such project and shall certify such
  cost to the comptroller and to the city of New York. Notwithstanding any
  other  provision  of  law  to  the  contrary,  upon  receipt   of   such
  certification  of  the  commissioner,  the  comptroller  shall forthwith
  refund any amounts received from the city of New York in excess  of  the
  costs  so  certified to the city of New York, including interest accrued
  thereon.
3. On or before October fifteenth of each year, the comptroller  shall
  certify  to  the commissioner the actual operation and maintenance costs
  of each alternate correctional facility for the preceding  state  fiscal
  year and the amounts paid by the city of New York for such operation and
  maintenance costs. To the extent that the amounts so paid by the city of
  New  York  are  less  than  the operation and maintenance costs for such
  state fiscal year, the commissioner shall include  the  amount  of  such
  underpayment  in  the next payment required to be received from the city
  of  New  York,  or  if  operation  by  the  state  has  terminated,  the
  commissioner  shall  bill  the  city of New York for the amounts due and
  such amounts shall be paid by the city within thirty days of receipt  of
  such  a  bill. To the extent that the amounts so paid by the city of New
  York are more than the operation and maintenance costs  for  such  state
  fiscal year, the commissioner shall reduce the next scheduled payment to
  be  received  from the city of New York by the amount of the overpayment
  or if operation by the state  has  terminated,  the  commissioner  shall
  refund  the  overpayment  within  sixty  days  of  the  determination of
  overpayment.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-H - Alternate Correctional Facilities Operating Fund.

§ 89-h. Alternate correctional facilities operating fund.  1. There is
  hereby established in the joint custody of the state comptroller and the
  commissioner  of taxation and finance a special revenue fund to be known
  as the alternate correctional facilities operating fund.
2. Such fund shall consist of all moneys received by the  commissioner
  pursuant  to the operation agreement and all monies received pursuant to
  section eighty-nine-l of this article. Any interest accruing on  amounts
  deposited  in  this  fund  shall  be  credited to this fund by the state
  comptroller and shall reduce the amounts the  city  of  New  York  would
  otherwise   be  obligated  to  pay  pursuant  to  this  article.    Upon
  termination of the operation agreement, any balance in the fund less any
  amount due from the city of New York hereunder shall be paid to the city
  of New York within sixty days.
3. In the event that any amounts owed by the city of New York pursuant
  to  section  eighty-nine-g  of  this  article  are  not  paid   to   the
  commissioner  within  thirty  days  of the time such payment is due, the
  commissioner shall certify the unpaid amount to  the  state  comptroller
  and the comptroller shall, to the extent not otherwise prohibited by law
  and  subject  to any other provision of law providing for withholding of
  payments to the city of New York which shall take precedence  over  this
  subdivision,  withhold  any  such unpaid amount from the next succeeding
  payments of state aid or local assistance otherwise payable to the  city
  of  New  York.    The  amounts  so  withheld by the comptroller shall be
  deposited by the comptroller to the fund established by this section.
4. All payments from this account shall be made on the  audit  of  the
  comptroller  on vouchers certified or approved by the commissioner or an
  employee of the department designated by the commissioner.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-J - Title to Facilities.

§  89-j.  Title to facilities. Upon payment by the city of New York of
  the costs of acquisition and construction, the state of New  York  shall
  transfer  title  in  fee simple absolute to the city of New York without
  additional consideration. Notwithstanding the foregoing, as long  as  an
  operation  agreement entered into pursuant to this article is in effect,
  the department shall have  sole  and  exclusive  authority  to  operate,
  manage  and  maintain  such  facility  including  but not limited to the
  authority to authorize or make without obtaining approval from the  city
  of New York any capital repairs or improvements deemed necessary.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-K - Termination of Operation Agreement.

§  89-k. Termination of operation agreement. At the termination of the
  operation  agreement  as  to  either  or  both  alternate   correctional
  facilities,  the  department shall have an exclusive option to purchase,
  from the city of New York, the facility  or  facilities  for  which  the
  operation  agreement  has  terminated,  at  a fair market value price or
  prices which shall be negotiated by the state office of general services
  and the city of New York. The duration of the state's option to purchase
  shall commence on the date notice is received from the city of New  York
  of  its  intent  to  terminate  such  agreement and shall continue for a
  period of six months or until the next succeeding April first, whichever
  is longer. Such option  to  purchase  shall  be  deemed  exercised  upon
  execution  of  an  agreement  to  purchase.  Notwithstanding  any  other
  provision of law, these facilities shall not be operated as correctional
  facilities except by the department.
2023 New York Laws › COR - Correction › Article 4-B - Alternate Correctional Facilities for the City of New York › 89-L - Indemnification.

§ 89-l. Indemnification. The city of New York shall indemnify and hold
  harmless  the  state of New York in any action or proceeding arising out
  of  the  construction,  maintenance  or  operation   of   an   alternate
  correctional  facility  which  is constructed, maintained or operated in
  accordance with the  provisions  of  this  article.  The  obligation  to
  indemnify  and  hold  harmless  imposed  herein shall include reasonable
  attorneys' fees, court costs, and costs of litigation including  witness
  fees,  incurred  by the state of New York in connection with the defense
  of any such action or proceeding. Such obligation shall  extend  to  any
  expenses incurred by the state of New York pursuant to section seventeen
  of  the public officers law for the defense and indemnification of state
  officers and employees in any action or proceeding arising  out  of  the
  construction, maintenance or operation of any such facility constructed,
  maintained  and  operated  in  accordance  with  the  provisions of this
  article and the operating agreement  or  agreements.  The  city  of  New
  York's  obligation  to indemnify and hold harmless the state of New York
  shall in no way be construed as relieving the state of its obligation to
  comply with any and all orders or injunctions issued  by  any  court  of
  competent jurisdiction.
2023 New York Laws › COR - Correction › Article 5 - Coordinated Use of State and Local Correctional Institutions › 90 - Purposes of Article.

§  90.  Purposes  of  article.  The purposes of the provisions of this
  article are:
1. To provide correctional programs for persons who receive  sentences
  of  imprisonment  with terms of one year or less and who otherwise would
  be confined in institutions in counties that do not  have  a  sufficient
  number  of  incarcerated  individuals  to  justify  construction  of  an
  adequate correctional institution or operation of a modern  correctional
  program;
2.  To  provide  a method of relieving space pressures in correctional
  institutions operated by local government; and
3. To expand the use of programs designed to bridge  the  gap  between
  incarceration  and  activities  in  the  community,  through  the use of
  institutions operated by local government as facilities for  residential
  treatment  of  persons  in  the  custody  of  the  state  department  of
  corrections and community supervision.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 101 - Short Title; Purpose.

§  101.  Short  title; purpose. This article shall be known and may be
  cited  as  the  "interstate  corrections  compact".  The  party  states,
  desiring  common action to fully utilize and improve their institutional
  facilities and provide adequate programs for the confinement,  treatment
  and rehabilitation of various types of offenders, declare that it is the
  policy  of  each  of  the  party  states  to provide such facilities and
  programs on a basis of cooperation with one another, thereby serving the
  best interests of such offenders and of society and effecting  economies
  in  capital  expenditures  and  operational  costs.  The purpose of this
  compact is to provide for the mutual development and execution  of  such
  programs   of   cooperation   for   the   confinement,   treatment   and
  rehabilitation of offenders with the most economical use  of  human  and
  material resources.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 102 - Definitions.

§  102.  Definitions.  As  used  in  this  compact, unless the context
clearly requires otherwise:
(a) "State" means a state of the United States; the United  States  of
America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b)  "Sending  state"  means  a  state  party to this compact in which
conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which  an
incarcerated  individual  is  sent for confinement other than a state in
which conviction or court commitment was had.
(d) "Incarcerated individual" means a male or female offender  who  is
committed,  under  sentence  to  or  confined in a penal or correctional
institution.
(e) "Institution" means any penal or correctional facility,  including
but  not  limited  to  a  facility  for  the  mentally  ill  or mentally
defective, in which incarcerated individuals as defined  in  subdivision
(d) of this section may lawfully be confined.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 103 - Contracts.

§  103. Contracts. (a) Each party state may make one or more contracts
with any one or more of the other party states for  the  confinement  of
incarcerated  individuals  on  behalf of a sending state in institutions
situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
incarcerated individual maintenance, extraordinary  medical  and  dental
expenses,   and   any   participation  in  or  receipt  by  incarcerated
individuals of  rehabilitative  or  correctional  services,  facilities,
programs  or  treatment  not  reasonably  included  as  part  of  normal
maintenance.
3. Participation in programs of incarcerated individual employment, if
any;  the  disposition  or  crediting  of  any  payments   received   by
incarcerated  individuals  on  account  thereof;  and  the  crediting of
proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of incarcerated individuals.
5. Such other matters as may be necessary and appropriate to  fix  the
obligations,  responsibilities  and  rights of the sending and receiving
states.
(b) The terms and provisions of this compact shall be a  part  of  any
contract  entered  into  by  the  authority  of or pursuant thereto, and
nothing in any such contract shall be inconsistent therewith.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 105 - Acts Not Reviewable in Receiving State; Extradition.

§  105.  Acts  not reviewable in receiving state; extradition. (a) Any
decision of the sending state in respect to any  matter  over  which  it
retains  jurisdiction  pursuant to this compact shall be conclusive upon
and not reviewable within the receiving state, but if at  the  time  the
sending  state  seeks  to  remove  an  incarcerated  individual  from an
institution  in  the  receiving  state  there  is  pending  against  the
incarcerated  individual within such state any criminal charge or if the
incarcerated individual is formally accused of having  committed  within
such  state a criminal offense, the incarcerated individual shall not be
returned without the consent of the  receiving  state  until  discharged
from  prosecution or other form of proceeding, imprisonment or detention
for such offense. The duly accredited  officers  of  the  sending  state
shall  be  permitted  to  transport incarcerated individuals pursuant to
this compact through any and all states party to  this  compact  without
interference.
(b)  Any  incarcerated  individual  who escapes from an institution in
which he or she is confined pursuant to this compact shall be  deemed  a
fugitive  from  the  sending  state  and  from  the  state  in which the
institution is situated. In the case of any  escape  to  a  jurisdiction
other  than  the  sending  or  receiving  state,  the responsibility for
institution of extradition or rendition proceedings shall be that of the
sending state, but  nothing  contained  herein  shall  be  construed  to
prevent  or  affect  the  activities  of  officers  and  agencies of any
jurisdiction directed toward the apprehension and return of the escapee.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 106 - Federal Aid.

§ 106. Federal aid. Any state party to this compact may accept federal
  aid  for  use  in connection with any institution or program, the use of
  which is or may be affected by this compact  or  any  contract  pursuant
  hereto  and any incarcerated individual in a receiving state pursuant to
  this compact may participate in any  such  federally  aided  program  or
  activity   for   which  the  sending  and  receiving  states  have  made
  contractual provision, provided that if such program or activity is  not
  part  of  the customary correctional regimen, the express consent of the
  appropriate official of the sending state shall be required therefor.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 107 - Entry Into Force.

§  107.  Entry  into  force.  This  compact shall enter into force and
  become effective and binding upon the states so acting when it has  been
  enacted  into  law  by  any two states.   Thereafter, this compact shall
  enter into force and become effective and binding as  to  any  other  of
  said states upon similar action by such state.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 108 - Withdrawal and Termination.

§  108.  Withdrawal  and  termination.  This compact shall continue in
  force and remain binding upon a party state until it shall have  enacted
  a  statute  repealing  the  same and providing for the sending of formal
  written notice  of  withdrawal  from  the  compact  to  the  appropriate
  officials of all other party states. An actual withdrawal shall not take
  effect  until  one  year after the notices provided in said statute have
  been sent. Such withdrawal shall not relieve the withdrawing state  from
  its  obligations  assumed  hereunder  prior  to  the  effective  date of
  withdrawal. Before the effective date of withdrawal, a withdrawing state
  shall remove to its territory, at its  own  expense,  such  incarcerated
  individuals  as  it may have confined pursuant to the provisions of this
  compact.
2023 New York Laws › COR - Correction › Article 5-A - Interstate Corrections Compact › 109 - Construction and Severability.

§  109.  Construction  and severability. (a) Nothing contained in this
compact shall be construed to abrogate or impair any agreement or  other
arrangement  which  a party state may have with a nonparty state for the
confinement, rehabilitation or treatment of incarcerated individuals nor
to repeal any other laws of a party  state  authorizing  the  making  of
cooperative institutional arrangements.
(b)  The  provisions  of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence or provision of this
compact  is  declared  to  be  contrary  to  the  constitution  of   any
participating state or of the United States or the applicability thereof
to  any  government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability  thereof
to  any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the  constitution  of
any  state participating therein, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to
the state affected as to all severable matters.