N.Y. Correction Law § 89-c: Use of alternate correctional facilities

§ 89-c. Use of alternate correctional facilities. 1. Alternate

correctional facilities shall serve only to supplement local

correctional facilities within the city of New York. In considering

whether to assign an eligible incarcerated individual to an alternate

correctional facility or to transfer such incarcerated individual from

such facility, preference shall be given to available space suitable for

housing sentenced incarcerated individuals at local correctional

facilities within the city of New York.

2. Consistent with the provisions of this article and subject to the

applicable rules and regulations for operation of alternate correctional

facilities and the provisions of the operation agreement, assignment of

incarcerated individuals to alternate correctional facilities shall be

made jointly by the commissioner and the commissioner of the New York

city department of correction. In making such assignments, consideration

shall be given to incarcerated individuals who have a greater period of

time remaining to be served on their sentences, taking into account any

applicable jail time and good behavior time. No incarcerated individual

who is eligible for educational services pursuant to subdivision seven

of section three thousand two hundred two of the education law and who

chooses to avail himself or herself of such services shall be assigned

to an alternate correctional facility.

3. Incarcerated individuals assigned to alternate correctional

facilities shall be returned to a local correctional facility within the

city of New York at any such time as the commissioner determines:

(a) that the assignment was not in accordance with this article, or

(b) that the confinement of an incarcerated individual in an alternate

correctional facility is no longer suitable because it potentially

endangers the safety, security or order of the facility.

4. Any incarcerated individual who is eligible for educational

services pursuant to subdivision seven of section three thousand two

hundred two of the education law shall also be returned to a New York

city local correctional facility if he or she chooses to avail himself

or herself of such services.

5. Incarcerated individuals assigned to alternate correctional

facilities shall be returned to a New York city correctional facility

within the city of New York no later than seven days prior to their

scheduled release or discharge from incarceration.

6. Notwithstanding any other provisions of law, no incarcerated

individuals from jurisdictions other than the city of New York shall be

housed at any time in an alternate correctional facility.