2006 New York Code - Designation Of Substitute Jail.

 
    §  504.  Designation  of  substitute jail. 1. If there is no jail in a
  county, or the jail becomes unfit or unsafe for the confinement of  some
  or  all  of  the  inmates, civil or criminal, or is destroyed by fire or
  otherwise, or if a pestilential disease breaks out in the jail or in the
  vicinity of the jail and the physician to the jail certifies that it  is
  likely  to endanger the health of any or all of the inmates in the jail,
  the state commission  of  correction,  upon  application,  must,  by  an
  instrument  in  writing,  filed  with the clerk of the county, designate
  another suitable place within the county,  or  the  jail  of  any  other
  county,  for  the confinement of some or all of the inmates, as the case
  requires. The place so designated thereupon becomes, to all intents  and
  purposes,  except  as  otherwise prescribed in this article, the jail of
  the county for which  it  has  been  so  designated,  and  the  purposes
  expressed in the instrument designating the same. The designation may be
  amended,  modified or revoked by the state commission of correction by a
  subsequent instrument in writing filed with the clerk of the county.
    2. Where the jail  in  a  county  becomes  unfit  or  unsafe  for  the
  confinement  of  some or all of the inmates due to an inmate disturbance
  or a natural disaster including but not limited  to  flood,  earthquake,
  hurricane,  landslide or fire, or other extraordinary circumstances upon
  the request of the municipal official as defined in subdivision four  of
  section  forty  of  this  chapter and no other suitable place within the
  county nor the jail of any other  county  is  immediately  available  to
  house  some  or  all  of  the  inmates, the commissioner of correctional
  services is hereby authorized and empowered to make available, upon such
  terms and conditions as he may deem appropriate, all or any  part  of  a
  state  correctional  institution  for  the confinement of some or all of
  such inmates as an adjunct to the county jail for a period not to exceed
  thirty days. However, if the county jail remains unfit or unsafe for the
  confinement of some or all of such inmates beyond thirty days, the state
  commission of correction,  with  the  consent  of  the  commissioner  of
  correctional   services,   may   extend  the  availability  of  a  state
  correctional institution for one or more additional thirty day  periods.
  The   state   commission   of  correction  shall  promulgate  rules  and
  regulations  governing  the  temporary  transfer  of  inmates  to  state
  correctional institutions from county jails including but not limited to
  provisions  for  confinement of such inmates in the nearest correctional
  facility,  to  the  maximum  extent  practicable,  taking  into  account
  necessary  security. The county shall reimburse the state for the actual
  costs of confinement as approved by the director of the division of  the
  budget. On or before the expiration of each thirty day period, the state
  commission  of  correction must make an appropriate designation pursuant
  to subdivision one if the county jail remains unfit or  unsafe  for  the
  confinement  of  some or all of the inmates and consent to the continued
  availability of a state correctional institution as required for herein.
  The superintendence, management and  control  of  a  state  correctional
  institution  or  part  thereof  made  available  pursuant hereto and the
  inmates housed therein shall be  as  directed  by  the  commissioner  of
  correctional services.
    3.  The  county  clerk  must  serve  a  copy  of the designation, duly
  certified by him, under his official seal, on the sheriff and keeper  of
  the jail of the county designated. The sheriff of that county must, upon
  the  delivery  of the sheriff of the county for which the designation is
  made, receive into his jail, and there safely keep, all persons who  may
  be  lawfully  confined  therein,  pursuant  to  this  article; and he is
  responsible for their safekeeping, as if he was sheriff  of  the  county
  for which the designation is made.
    4.  In  any  county  where  a  jail  is  under  the  jurisdiction of a
  commissioner of correction the term sheriff as set forth in this section
  shall be deemed to mean the commissioner of correction of such county.