N.Y. Correction Law § 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, 2027

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, 2027

* 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, 2027

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.