N.Y. Correction Law § 88: Authorization for alternate correctional facilities

§ 88. Authorization for alternate correctional facilities. 1. As

hereinafter provided in this article, the department is authorized and

empowered to establish, operate and maintain under its jurisdiction no

more than two alternate correctional facilities.

2. In carrying out the purposes of this article, the department may

acquire land for and construct the alternate correctional facilities

authorized pursuant to this section.

3. Any acquisition of land for or construction of an alternate

correctional facility shall be governed by section twenty-one of this

chapter, section one hundred twenty-seven of the state finance law and

any other provisions of law applicable to the acquisition of land for

and construction of state correctional facilities. The department, if it

elects, shall be the lead agency for all purposes under article eight of

the environmental conservation law with respect to alternate

correctional facilities.

4. For each alternate correctional facility, the commissioner is

hereby authorized and empowered to enter into a construction agreement,

an operation agreement, and any other agreements or leases with the city

of New York which are deemed by the commissioner to be necessary or

convenient for the establishment, operation and maintenance of an

alternate correctional facility. An operation agreement shall govern the

operation of an alternate correctional facility for up to ten years

after the commencement of housing of eligible incarcerated individuals

at such facility. The commissioner shall not operate an alternate

correctional facility except pursuant to an executed operation

agreement.

5. All agreements entered into by the commissioner and the city of New

York pursuant to this section shall be approved by the director of the

budget and filed with the chairman of the senate finance committee, the

chairman of the assembly ways and means committee, the chairman of the

senate crime and corrections committee and the chairman of the assembly

committee on correction.