N.Y. Correction Law § 95: Use of local government institutions for confinement of persons under custody with or awaiting transfer to the department

§ 95. Use of local government institutions for confinement of persons

under custody with or awaiting transfer to the department. 1.

Notwithstanding any other provision of law, the commissioner is hereby

authorized to contract with any county or the city of New York for the

use of a local correctional facility to provide for the care and custody

of any person convicted of an offense and sentenced to a determinate or

to an indeterminate sentence of imprisonment who is awaiting transfer to

or has been transferred to the custody of the department as required by

section 430.20 of the criminal procedure law; provided, however, that

any such contract under this section shall not include persons charged

with or found to be in violation of parole or conditional release

pursuant to subdivision three of section two hundred fifty-nine-i of the

executive law.

2. Any such incarcerated individual shall be deemed to be in the

custody of and subject to the jurisdiction of the department but shall,

during the period of his or her local confinement, be under the care of

the head of the local correctional facility in which he or she resides.

3. If at any time the head of the local correctional facility is of

the opinion that the continued care of such incarcerated individual in

the local correctional facility is inconsistent with the welfare or

safety of the incarcerated individual, the community, the facility or

other incarcerated individuals, he or she may demand that such

incarcerated individual be transferred forthwith to the custody of the

department. Thereafter, the department shall be obligated to receive

into its custody such incarcerated individual in the manner prescribed

for the acceptance of newly sentenced incarcerated individuals required

by section 430.20 of the criminal procedure law unless the contract

specifies an alternative method of transfer. Notwithstanding the

foregoing, in any case where the incarcerated individual in the care of

the local correctional facility pursuant to a contract as provided for

in this section is convicted of a class A-1 felony offense or a class B

violent felony offense or a class C violent felony offense, the head of

the local correctional facility may demand that such incarcerated

individual be transferred forthwith to the custody of the department.

Thereafter, the department shall be obligated to receive into its

custody such incarcerated individual within forty-eight hours of receipt

of such demand from the head of the local correctional facility.

4. The commissioner is hereby authorized to reimburse the contracting

county or the city of New York for a sum equivalent to the actual per

day per capita cost, as certified by the appropriate local official, or

one hundred dollars per day per capita, whichever is less.

5. No incarcerated individual shall be housed in a local correctional

facility or series of local correctional facilities pursuant to a

contract under subdivision one of this section for a period exceeding

six months.