N.Y. Correction Law § 93: Temporary custody of sentenced incarcerated individuals in emergencies

§ 93. Temporary custody of sentenced incarcerated individuals in

emergencies. 1. Whenever a state of emergency shall be declared by the

chief executive officer of a local government pursuant to section two

hundred nine-m of the general municipal law, the chief executive officer

of the county in which such state of emergency is declared, or where a

county or counties are wholly within a city the mayor of such city, may

request the governor to remove all or any number of sentenced

incarcerated individuals from institutions maintained by such county or

city. Upon receipt of such request, if the governor is satisfied that

the public interest so requires, the governor may, in his or her

discretion, authorize and direct the state commissioner of corrections

and community supervision to remove such incarcerated individuals.

2. Upon receipt of any such direction the state commissioner of

corrections and community supervision shall transport such incarcerated

individuals to any correctional facility in the department and such

incarcerated individuals shall be retained in the custody of the

department, subject to all laws and rules and regulations pertaining to

incarcerated individuals in the custody of the department, until

returned to the institution from which they were removed or discharged

or released in accordance with the law.

3. In the event that the state department of corrections and community

supervision does not have space in its correctional facilities to

accommodate all or any number of the incarcerated individuals so removed

from a local institution, the commissioner shall have the power to lodge

any number of such incarcerated individuals in any county jail,

workhouse or penitentiary within the state that has room to receive them

and such institution shall be required to receive such incarcerated

individuals. Incarcerated individuals so lodged shall be subject to all

rules and regulations pertaining to incarcerated individuals committed

to such institution until returned to the institution from which they

were removed, or removed to a state correctional facility, or discharged

or released in accordance with the law; provided, however, that

incarcerated individuals discharged or released from any such local

institution shall be entitled to receive clothing, money and

transportation from the state department of corrections and community

supervision to the same extent as incarcerated individuals discharged or

released from a state correctional facility.

4. When sentenced incarcerated individuals have been removed from a

penitentiary pursuant to this section, such penitentiary may be used for

the purpose of detention of prisoners awaiting trial or for any other

purpose to which a county jail may be put.

5. The original order of commitment and any other case record

pertaining to incarcerated individuals removed pursuant to this section

shall be delivered to the head of any institution in which he or she may

be lodged and shall be returned to the institution from which he or she

was removed at the time of his or her return to such institution or upon

his or her release or discharge in accordance with the law.

6. Incarcerated individuals removed from a local institution pursuant

to a request made under subdivision one of this section may be returned

to such institution by the state commissioner of corrections and

community supervision, subject to the approval of the governor, at any

time such commissioner is satisfied that the return of such incarcerated

individuals is not inconsistent with the public interest.

7. The county or city maintaining the institution from which

incarcerated individuals are removed pursuant to subdivision one of this

section shall be liable for all damages arising out of any act performed

pursuant to this section and for reimbursement for the following items:

(a) The cost of clothing, money and transportation furnished to any

incarcerated individual who is released or discharged prior to the

return of such incarcerated individual to the institution from which he

or she is removed shall be paid to the state department of corrections

and community supervision; and

(b) The cost of maintaining any incarcerated individual in a county

jail, workhouse or penitentiary shall be paid to the local government

that maintains such institution. Such cost shall be the actual per

capita daily cost, as certified to the state commissioner of corrections

and community supervision.