N.Y. Correction Law § 23: Transfer of incarcerated individuals from one correctional facility to another; treatment in outside hospitals

§ 23. Transfer of incarcerated individuals from one correctional

facility to another; treatment in outside hospitals. 1. The commissioner

shall have the power to transfer incarcerated individuals from one

correctional facility to another. Whenever the transfer of incarcerated

individuals from one correctional facility to another shall be ordered

by the commissioner, the superintendent of the facility from which the

incarcerated individuals are transferred shall take immediate steps to

make the transfer. The transfer shall be in accordance with rules and

regulations promulgated by the department for the safe delivery of such

incarcerated individuals to the designated facility. Within twenty-four

hours of arriving at the facility to which an incarcerated individual is

transferred, he or she shall be allowed to make at least one personal

phone call, except when to do so would create an unacceptable risk to

the safety and security of incarcerated individuals or staff. If

security precautions prevent the incarcerated individual from making

such call, a staff member designated by the superintendent of the

facility shall make a call to a person of the incarcerated individual's

choice unless the incarcerated individual declines to have such a call

made.

2. The commissioner, in his or her discretion, may by written order

permit incarcerated individuals to receive medical diagnosis and

treatment in outside hospitals, upon the recommendation of the

superintendent or director that such outside treatment or diagnosis is

necessary by reason of inadequate facilities within the institution.

Such incarcerated individuals shall remain under the jurisdiction and in

the custody of the department while in said outside hospital and said

superintendent or director shall enforce proper measures in each case to

safely maintain such jurisdiction and custody.

3. The cost of transporting incarcerated individuals between

facilities and to outside hospitals shall be paid from funds

appropriated to the department for such purpose.