2023 New York Laws › COR - Correction › Article 20 - Local Correctional Facilities › 504 - Designation of Substitute Jail.

§ 504. Designation of substitute jail. 1. (a) If there is no jail in a
county,  or the jail becomes unfit or unsafe for the confinement of some
or all of  the  incarcerated  individuals,  civil  or  criminal,  or  is
destroyed  by fire or otherwise, or if a pestilential disease breaks out
in the jail or in the vicinity of the jail and the physician to the jail
certifies that it is likely to endanger the health of any or all of  the
incarcerated   individuals   in   the  jail,  the  state  commission  of
correction, upon application, must, by an instrument in  writing,  filed
with  the  clerk  of the county, designate another suitable place within
the county, or the jail of any other county, for the confinement of some
or all of the incarcerated individuals, as the case requires. The  place
so  designated thereupon becomes, to all intents and purposes, except as
otherwise prescribed in this article, the jail of the county  for  which
it  has been so designated, and the purposes expressed in the instrument
designating the same.  The  designation  may  be  amended,  modified  or
revoked by the state commission of correction by a subsequent instrument
in writing filed with the clerk of the county.
(b)  If  transfer  to  the  jail  of another county would allow for an
incarcerated individual's participation in beneficial  programming,  the
state commission of correction, upon application and the consent of such
incarcerated  individual and any involved sheriff, may, by an instrument
in writing, filed with the clerk of the county, designate  the  jail  of
such  other county, for the confinement of such incarcerated individual,
as the case requires. The jail so designated thereupon becomes,  to  all
intents  and  purposes,  except as otherwise prescribed in this article,
the jail of the county for which it has  been  so  designated,  and  the
purposes   expressed   in  the  instrument  designating  the  same.  The
designation may be amended, modified or revoked by the state  commission
of correction by a subsequent instrument in writing filed with the clerk
of the county.
2.  Where  the  jail  in  a  county  becomes  unfit  or unsafe for the
confinement of some or all of the incarcerated  individuals  due  to  an
incarcerated    individual    disturbance    or    other   extraordinary
circumstances,  including  but  not  limited  to  a  natural   disaster,
unanticipated  deficiencies in the structural integrity of a facility or
the inability to provide  one  or  more  incarcerated  individuals  with
essential  services  such  as  medical  care,  upon  the  request of the
municipal official as defined in subdivision four of  section  forty  of
this  chapter and no other suitable place within the county nor the jail
of any other county is immediately available to house some or all of the
incarcerated individuals, the commissioner of corrections and  community
supervision  may,  in  his  or her sole discretion, make available, upon
such terms and conditions as he or she may deem appropriate, all or  any
part  of a state correctional institution for the confinement of some or
all of such incarcerated individuals as an adjunct to  the  county  jail
for  a  period  not  to  exceed thirty days. However, if the county jail
remains unfit or unsafe for the confinement  of  some  or  all  of  such
incarcerated  individuals  beyond  thirty  days, the state commission of
correction, with the consent of  the  commissioner  of  corrections  and
community   supervision,   may   extend  the  availability  of  a  state
correctional institution for one or more additional thirty day  periods.
The   state   commission   of  correction  shall  promulgate  rules  and
regulations governing the temporary transfer of incarcerated individuals
to state correctional institutions from county jails, including but  not
limited  to  provisions for confinement of such incarcerated individuals
in the nearest correctional facility, to the maximum extent practicable,
taking into account necessary security. The commissioner of  corrections
and  community  supervision may, in his or her sole discretion, based on

standards promulgated by the  department,  determine  whether  a  county
shall  reimburse  the  state  for  any  or  all  of  the actual costs of
confinement as approved by the director of the division of  the  budget.
On  or  before  the  expiration  of  each  thirty  day period, the state
commission of correction must make an appropriate  designation  pursuant
to  subdivision  one of this section if the county jail remains unfit or
unsafe  for  the  confinement  of  some  or  all  of  the   incarcerated
individuals  and  consent  to  the  continued  availability  of  a state
correctional institution as required for  herein.  The  superintendence,
management  and  control  of  a  state  correctional institution or part
thereof made available pursuant hereto and the incarcerated  individuals
housed  therein  shall be as directed by the commissioner of corrections
and community supervision.
3. The county clerk  must  serve  a  copy  of  the  designation,  duly
certified  by him or her, under his or her official seal, on the sheriff
and keeper of the jail of the county designated.  The  sheriff  of  that
county  must,  upon  the delivery of the sheriff of the county for which
the designation is made, receive into his or her jail, and there  safely
keep, all persons who may be lawfully confined therein, pursuant to this
article; and he or she is responsible for their safekeeping, as if he or
she was sheriff of the county for which the designation is made.
4.  In  any  county  where  a  jail  is  under  the  jurisdiction of a
commissioner of correction the term sheriff as set forth in this section
shall be deemed to mean the commissioner of correction of such county.
5.  As  provided  in  this  section,  any  designation  of  the  state
commission  of  correction, or any amendment, modification or revocation
thereto, may be issued by the commission, any member,  or  any  attorney
employed by the commission.