N.Y. Correction Law § 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.