N.Y. Correction Law § 94: Use of local government institutions for residential treatment of persons under the custody of the state department of corrections and co...

§ 94. Use of local government institutions for residential treatment

of persons under the custody of the state department of corrections and

community supervision. 1. The state commissioner of corrections and

community supervision is hereby authorized to transfer any incarcerated

individual under the care or custody of the department who is eligible

to be transferred to a residential treatment facility under section

seventy-three of this chapter to any county jail, workhouse or

penitentiary for the purpose of having such incarcerated individual

engage in a residential treatment facility program; provided, however,

that:

(a) Such incarcerated individual has resided or was employed or has

dependents or parents who reside in the county, or in a county that is

contiguous to the county, in which the institution to which he or she

would be transferred is located;

(b) Arrangements have been made for the education, on-the-job

training, employment or for some other rehabilitative treatment of such

incarcerated individual in the county, or in a county that is contiguous

to the county, in which the institution to which he or she would be

transferred is located; and

(c) The sheriff, warden, superintendent, local commissioner of

correction or other person in charge of the institution to which the

incarcerated individual would be transferred consents to such transfer.

2. An incarcerated individual so transferred shall continue to be in

the custody of the state department of corrections and community

supervision but shall, during the period of such transfer, be in the

care of the head of the institution to which he or she is transferred.

The provisions of section seventy-three of this chapter shall apply in

the case of any such transfer as fully and completely as if the

incarcerated individual were transferred to a residential treatment

facility, and the head of the institution to which the incarcerated

individual is transferred and the officers and employees thereof shall

have and may exercise all of the powers of the superintendent of a

residential treatment facility with respect to the care or custody of

such incarcerated individual.

In any case where an incarcerated individual is employed, however, the

provisions of subdivision nine of such section seventy-three shall not

apply and the wages or salary of such incarcerated individual shall be

dealt with under the provisions applicable to a work release program in

the type of institution to which he or she is transferred as provided in

section one hundred fifty-four or eight hundred seventy-two of this

chapter as the case may be; and in the event such incarcerated

individual is returned to a state correctional facility, any balance

remaining in the trust fund account shall be paid over to the

superintendent of such facility and shall be deposited by him or her as

incarcerated individuals' funds pursuant to section one hundred sixteen

of this chapter.

3. If at any time the head of a local institution to which an

incarcerated individual is transferred under this section is of the

opinion that continued care of such incarcerated individual in such

institution is inconsistent with the welfare or safety of the community

or of the institution or its incarcerated individuals, he or she may

request the state commissioner to return such incarcerated individual to

a state correctional facility and, upon the receipt of any such request,

the commissioner shall cause such incarcerated individual to be so

returned promptly and at the expense of the state department of

corrections and community supervision.

4. The expenses of any such transfer shall be paid by the state

department of corrections and community supervision and the commissioner

is hereby authorized to reimburse the local institution for a sum

determined by the head of such institution and agreed to in advance by

the commissioner to be the cost of food, lodging and clothing within the

institution, and the actual and necessary food, travel and other

expenses required for a program outside the institution, incurred or

advanced by the institution; provided, however, that:

(a) In any case where the commissioner has a pending agreement with a

locality under section ninety-one of this article, the commissioner

shall not reimburse the local institution for any cost incurred for

food, lodging and clothing within the institution; and

(b) The wages or salary, if any, of such incarcerated individual shall

be used for such reimbursement and shall be applied to defray any costs

authorized to be paid under this section before any amount shall be paid

by the commissioner hereunder, and any such wages or salary may be so

applied irrespective of the provisions of paragraph (a) of this

subdivision.