N.Y. Correction Law § 89-g: Costs for establishing, operating and maintaining alternate correctional facilities

§ 89-g. Costs for establishing, operating and maintaining alternate

correctional facilities. 1. When the city of New York has entered into

the agreements as set forth in section eighty-eight of this article, it

shall be obligated, to pay, in accordance with such agreements and at

such times and in such amounts as may be determined by the commissioner

and approved by the director of the budget, all direct and indirect

costs associated with the acquisition, construction, establishment,

capital repairs and improvements, operation and maintenance of the

alternate correctional facility.

2. Upon completion of the acquisition, construction and establishment

of an alternate correctional facility, the commissioner shall make a

final determination of the cost of such project and shall certify such

cost to the comptroller and to the city of New York. Notwithstanding any

other provision of law to the contrary, upon receipt of such

certification of the commissioner, the comptroller shall forthwith

refund any amounts received from the city of New York in excess of the

costs so certified to the city of New York, including interest accrued

thereon.

3. On or before October fifteenth of each year, the comptroller shall

certify to the commissioner the actual operation and maintenance costs

of each alternate correctional facility for the preceding state fiscal

year and the amounts paid by the city of New York for such operation and

maintenance costs. To the extent that the amounts so paid by the city of

New York are less than the operation and maintenance costs for such

state fiscal year, the commissioner shall include the amount of such

underpayment in the next payment required to be received from the city

of New York, or if operation by the state has terminated, the

commissioner shall bill the city of New York for the amounts due and

such amounts shall be paid by the city within thirty days of receipt of

such a bill. To the extent that the amounts so paid by the city of New

York are more than the operation and maintenance costs for such state

fiscal year, the commissioner shall reduce the next scheduled payment to

be received from the city of New York by the amount of the overpayment

or if operation by the state has terminated, the commissioner shall

refund the overpayment within sixty days of the determination of

overpayment.