N.Y. Correction Law § 73: Residential treatment facilities

§ 73. Residential treatment facilities. 1. The commissioner may

transfer any incarcerated individual of a correctional facility who is

eligible for community supervision or who will become eligible for

community supervision within six months after the date of transfer or

who has one year or less remaining to be served under his or her

sentence to a residential treatment facility and such person may be

allowed to go outside the facility during reasonable and necessary hours

to engage in any activity reasonably related to his or her

rehabilitation and in accordance with the program established for him or

her. While outside the facility he or she shall be at all times in the

custody of the department and under its supervision.

2. The department shall be responsible for securing appropriate

education, on-the-job training and employment for incarcerated

individuals transferred to residential treatment facilities. The

department also shall supervise such incarcerated individuals during

their participation in activities outside any such facility and at all

times while they are outside any such facility.

3. Programs directed toward the rehabilitation and total reintegration

into the community of persons transferred to a residential treatment

facility shall be established. Each incarcerated individual shall be

assigned a specific program by the superintendent of the facility and a

written memorandum of such program shall be delivered to him or her.

4. If at any time the superintendent of a residential treatment

facility is of the opinion that any aspect of the program assigned to an

individual is inconsistent with the welfare or safety of the community

or of the facility or its incarcerated individuals, the superintendent

may suspend such program or any part thereof and restrict the

incarcerated individual's activities in any manner that is necessary and

appropriate. Upon taking such action the superintendent shall promptly

notify the commissioner and pending decision by the commissioner, the

superintendent may keep such incarcerated individual under such security

as may be necessary.

5. The commissioner may at any time and for any reason transfer an

incarcerated individual from a residential treatment facility to another

correctional facility.

6. Where a person who is an incarcerated individual of a residential

treatment facility absconds, or fails to return thereto as specified in

the program approved for him or her, he or she may be arrested and

returned by an officer or employee of the department or by any peace

officer, acting pursuant to his or her special duties, or police officer

without a warrant; or a member of the board of parole or an officer

designated by such board may issue a warrant for the retaking of such

person. A warrant issued pursuant to this subdivision shall have the

same force and effect, and shall be executed in the same manner, as a

warrant issued for violation of community supervision.

7. The provisions of this chapter relating to good behavior allowances

and conditional release shall apply to behavior of incarcerated

individuals while assigned to a residential treatment facility for

behavior on the premises and outside the premises of such facility and

good behavior allowances may be granted, withheld, forfeited or

cancelled in whole or in part for behavior outside the premises of the

facility to the same extent and in the same manner as is provided for

incarcerated individuals within the premises of any facility.

8. The state board of parole may grant parole to any incarcerated

individual of a residential treatment facility at any time after he or

she becomes eligible therefor. Such parole shall be in accordance with

provisions of law that would apply if the person were still confined in

the facility from which he or she was transferred, except that any

personal appearance before the board may be at any place designated by

the board.

9. The earnings of any incarcerated individual of a residential

treatment facility shall be dealt with in accordance with the procedure

set forth in section eight hundred sixty of this chapter.

10. The commissioner is authorized to use any residential treatment

facility as a residence for persons who are on community supervision.

Persons who reside in such a facility shall be subject to conditions of

community supervision imposed by the board.