New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter II - Miscellaneous › Part 7210 - Substitute Jail Orders › Section 7210.6 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior approval
				  of the commission shall precede the transfer of an inmate from one facility to
				  another facility. Whenever a facility administrator determines that it is
				  necessary to transfer an inmate or group of inmates to another suitable place
				  or facility, he shall contact the commission by telephone or other means and
				  request a substitute jail order. When such request is made at a time other than
				  during the normal business hours of the commission, it shall be referred to the
				  officer of the day assigned by the commission.
(b) It shall be the responsibility of the
				  administrator of an affected facility to identify another facility or a
				  suitable place within the county which may be designated as a substitute jail
				  for such facility. If such suitable place exists, he shall communicate its
				  existence to the commission.
(c) If
				  there is no suitable place in the county to which the inmate or group of
				  inmates may be transferred, the facility administrator shall determine whether
				  the county jail of another county is able to accommodate the inmate or group of
				  inmates. The facility administrator shall take into account such factors as the
				  ability of the county jail of another county to house the inmate or group of
				  inmates in a manner consistent with applicable standards, the proximity of such
				  county jail to the county jail or his county, the potential inconvenience to
				  the family and friends of the inmate whose transfer is contemplated, access to
				  legal counsel and other resources, and the ability of the receiving suitable
				  place or facility to provide proper security and supervision of the
				  inmates.
(d) The facility
				  administrator shall provide the commission or its representative with all
				  pertinent information needed to determine whether a substitute jail order
				  should be granted. Upon the commission's approval for transfer and an assurance
				  by the facility administrator of the receiving facility that he will house the
				  inmates, the facility administrator of the sending facility shall make the
				  necessary arrangements to effectuate the transfer.
(e)
(1)
				  Whenever due to extraordinary circumstances the facility administrator of a
				  facility reasonably believes that the safety or security of an inmate or group
				  of inmates committed to his custody cannot be maintained and that the public
				  safety and security would be preserved by a transfer of the said inmate or
				  group of inmates to an institution, the facility administrator shall make a
				  written request to the commissioner to make available an institution for the
				  confinement of such inmate or group of inmates. Upon the written determination
				  of the commissioner that such institution is available for the confinement of
				  such inmate or group of inmates, the facility administrator shall cause the
				  said inmate or group of inmates to be transferred to the custody of the
				  commissioner. The facility administrator shall provide immediate written
				  notification to the commissioner of the transfer of the said inmate or group of
				  inmates. The commissioner shall immediately forward to the commission a copy of
				  the written transfer request and other papers upon which his determination was
				  made, along with a copy of his written determination.
(2) The commissioner shall take custody of
				  any inmate transferred pursuant to this Part and shall house such inmates in
				  the most proximate available institution, taking into account the security
				  needs of the inmates and of the community. The legal custody of the said
				  inmates shall remain with the facility administrator.
(3) The facility administrator shall assess
				  the conditions of his facility and immediately request the commissioner to
				  return the inmates to the sending facility once the facility is able to
				  accommodate the inmates and their confinement in an institution is no longer
				  needed. If the facility administrator determines that his facility is
				  inappropriate for the return of the transferred inmates, he shall make every
				  effort to find another suitable facility for the confinement of the said
				  inmates. If such facility is available, he shall request the commission to
				  designate it as a substitute jail, and the commission shall make the
				  appropriate designation. If no suitable facility is available, the facility
				  administrator shall notify the commissioner of this fact in writing within 30
				  days of the transfer of the inmate or group of inmates to his custody and shall
				  request the commissioner to extend the transfer for an additional 30 days. The
				  commissioner, in his discretion, shall consent in writing to the extension. If
				  consent to the extension is granted, the commissioner shall send the request
				  for such extension and his written consent to the commission. The commission
				  shall approve such application if it is satisfied that a suitable facility is
				  not available. Such application for extension may be made and approved at
				  30-day intervals thereafter until the said inmates are either transferred to a
				  suitable facility or are released from the custody of the facility
				  administrator of the sending facility.