2012 New York Consolidated Laws
COR - Correction
Article 1 - (1 - 2) SHORT TITLE; DEFINITIONS
2 - Definitions.

 
    §  2.  Definitions.  When  used  in  this  chapter,  unless  otherwise
  expressly stated or the context or subject  matter  otherwise  requires,
  the following terms have the following meanings:
    1.   "Department"  means  the  state  department  of  corrections  and
  community supervision;
    2. "Commissioner" means the  state  commissioner  of  corrections  and
  community supervision;
    3. "Commission" means the state commission of correction;
    4.  (a)  "Correctional facility". Any place operated by the department
  and designated by the commissioner as a place  for  the  confinement  of
  persons  under sentence of imprisonment or persons committed for failure
  to pay a fine. Except as provided in paragraph (b) of this  subdivision,
  whenever  reference  has  been or hereafter will be made in any statute,
  judgment, sentence, commitment, court order  or  otherwise  to  a  state
  prison,  state reformatory, reception center, diagnostic center or other
  institution or facility in  the  department,  such  reference  shall  be
  deemed to mean "correctional facility".
    (b)  The term "correctional facility" shall not, however, be deemed to
  mean or to include any place operated by the department for the care and
  confinement of persons who have been found to be mentally  defective  or
  mentally  ill  by a court and who are confined in such place pursuant to
  an order of a court based upon such finding.
    (c) Whenever the  term  "institution"  is  used  in  this  chapter  or
  elsewhere  in  such context as to mean an institution in the department,
  such term shall be deemed to include  correctional  facilities  and  any
  other place operated by the department as a place for the confinement of
  persons.
    5.   "Reception   center".  A  correctional  facility  for  reception,
  classification  and  program-planning  for  purposes   of   confinement,
  treatment and transfer.
    6.   "Residential   treatment   facility".   A  correctional  facility
  consisting of a community based residence in or near a  community  where
  employment, educational and training opportunities are readily available
  for persons who are on parole or conditional release and for persons who
  are  or  who  will  soon be eligible for release on parole who intend to
  reside in or near that community when released.
    7. "Detention center".  A  correctional  facility  for  the  temporary
  detention of persons taken into custody upon violation of parole or upon
  violation  of  a  condition  of release, or of persons being transferred
  from other correctional facilities, or of persons who  are  assigned  to
  other  correctional  facilities  for  confinement  but whose presence is
  required in court or for some  other  purpose  at  a  location  that  is
  distant from the institution of confinement.
    8.  "Correctional  Camp". A correctional facility consisting of a camp
  maintained for the purpose of including conservation work in the program
  of inmates.
    9. "Diagnostic and treatment center". A correctional facility operated
  for the purpose of providing intensive physical, mental and sociological
  diagnostic  and  treatment  services  including  pre-parole   diagnostic
  evaluation, where requested by the board of parole, and scientific study
  of the social and mental aspects of the causes of crime.
    10.  "General  confinement  facility".  A  correctional  facility  for
  confinement  and  treatment  of  persons  under  institutional  programs
  oriented to education, vocational training and industry.
    11. "Work release facility". A facility designated by the commissioner
  as an institution that may conduct a work release program.
    12.   "Superintendent".   The   chief   administrative  officer  of  a
  correctional facility.  Whenever  the  term  "warden"  appears  in  this

  chapter  in  such  context as to mean an officer of a state correctional
  facility, such reference shall be deemed to mean "superintendent".
    13. "Infant" or "minor" means a person who has not attained the age of
  eighteen years.
    * 14.   "Community   treatment   facility."   A  residential  chemical
  dependence facility approved as provided in section 32.01 of the  mental
  hygiene law or pursuant to section 32.31 of such law used exclusively to
  provide  substance abuse treatment services to persons eligible pursuant
  to section seventy-two-a of this chapter and who are otherwise  eligible
  for  temporary  release  pursuant  to  subdivision  two of section eight
  hundred fifty-one of this chapter. These facilities  shall  be  separate
  and  distinct  so  as  not to replace existing substance abuse treatment
  services.
    * NB Expires September 1, 2013
    15.  "Shock  incarceration  correctional  facility".  A   correctional
  facility  designated  by  the  commissioner  as  an institution that may
  conduct a shock incarceration program.
    16. (a) "Local correctional facility." Any place operated by a  county
  or  the  city of New York as a place for the confinement of persons duly
  committed to secure their attendance as witnesses in any criminal  case,
  charged  with crime and committed for trial or examination, awaiting the
  availability of a court, duly committed for any contempt or  upon  civil
  process,  convicted of any offense and sentenced to imprisonment therein
  or  awaiting  transportation  under  sentence  to  imprisonment   in   a
  correctional facility, or pursuant to any other applicable provisions of
  law.
    (b) Whenever the term "jail", "penitentiary" or "workhouse" is used in
  this  chapter,  such  term  shall  be  deemed to mean local correctional
  facility.
    (c) Whenever the term "sheriff" is used in  this  chapter,  such  term
  shall  be  deemed to include the warden, superintendent, or other person
  in charge of a local correctional facility.
    17. "Alcohol and substance abuse treatment facility."  A  correctional
  facility  designed  to  house  medium  security  inmates  as  defined by
  department rules  and  regulations  and  operated  for  the  purpose  of
  providing intensive alcohol and substance abuse treatment services. Such
  services   shall  ensure  comprehensive  treatment  for  alcoholism  and
  substance abuse to inmates who have been identified by the  commissioner
  or  his  or  her designee as having had or presently having a history of
  alcoholism or substance abuse. Such services shall be  provided  in  the
  facility  in  accordance  with  minimum  standards  promulgated  by  the
  department after  consultation  with  the  division  of  alcoholism  and
  alcohol abuse and the division of substance abuse services.
    * 18.  "Alcohol  and  substance abuse treatment correctional annex." A
  medium  security  correctional  facility  consisting  of  one  or   more
  residential  dormitories,  which provide intensive alcohol and substance
  abuse treatment services to inmates who: (i) are otherwise eligible  for
  temporary  release,  or  (ii)  stand  convicted  of  a felony defined in
  article two hundred twenty or two hundred twenty-one of the  penal  law,
  and  are  within  six months of being an eligible inmate as that term is
  defined in subdivision two of section eight hundred  fifty-one  of  this
  chapter  including  such  inmates  who are participating in such program
  pursuant  to  subdivision  six  of  section  60.04  of  the  penal  law.
  Notwithstanding the foregoing provisions of this subdivision, any inmate
  to  be  enrolled  in this program pursuant to subdivision six of section
  60.04 of the  penal  law  shall  be  governed  by  the  same  rules  and
  regulations  promulgated by the department, including without limitation
  those rules and regulations establishing requirements for completion and

  those rules and regulations governing discipline and  removal  from  the
  program.  No  such  period of court ordered corrections based drug abuse
  treatment pursuant to this  subdivision  shall  be  required  to  extend
  beyond the defendant's conditional release date. Such treatment services
  may  be  provided  by  one or more outside service providers pursuant to
  contractual agreements with the department, provided, however, that  any
  such  provider shall be required to continue to provide, either directly
  or through formal or informal agreement with  other  providers,  alcohol
  and  substance abuse treatment services to inmates who have successfully
  participated in such provider's incarcerative treatment services and who
  have been presumptively released,  paroled,  conditionally  released  or
  released  to  post  release  supervision  under  the  supervision of the
  department and who are, as a condition  of  such  release,  required  to
  participate  in alcohol or substance abuse treatment. Such incarcerative
  services shall be provided in the facility in  accordance  with  minimum
  standards  promulgated  by  the  department  after consultation with the
  office of alcoholism and substance  abuse  services.  Such  services  to
  parolees  shall  be provided in accordance with standards promulgated by
  the department after consultation with  the  office  of  alcoholism  and
  substance  abuse  services.  Notwithstanding any other provision of law,
  any person who has successfully completed no less  than  six  months  of
  intensive  alcohol  and substance abuse treatment services in one of the
  department's eight designated  alcohol  and  substance  abuse  treatment
  correctional  annexes  having  a combined total capacity of two thousand
  five hundred fifty beds may be transferred to a program operated  by  or
  at  a  residential  treatment  facility, provided however, that a person
  under a determinate sentence as a second  felony  drug  offender  for  a
  class  B  felony  offense  defined  in article two hundred twenty of the
  penal law, who was sentenced pursuant to  section  70.70  of  such  law,
  shall  not  be  eligible  to  be  transferred to a program operated at a
  residential treatment facility until the time served under  imprisonment
  for  his  or  her determinate sentence, including any jail time credited
  pursuant to subdivision three of section 70.30 of the penal  law,  shall
  be  at  least nine months. The commissioner shall report annually to the
  temporary president of the  senate  and  the  speaker  of  the  assembly
  commencing  January  first,  two  thousand  twelve the number of inmates
  received by the department during the reporting period who  are  subject
  to  a sentence which includes enrollment in substance abuse treatment in
  accordance with subdivision six of section 60.04 of the penal  law,  the
  number  of such inmates who are not placed in such treatment program and
  the reasons for such occurrences.
    * NB Effective until September 1, 2013
    * 18. "Alcohol and substance abuse treatment  correctional  annex."  A
  medium   security  correctional  facility  consisting  of  one  or  more
  residential dormitories which provide intensive  alcohol  and  substance
  abuse  treatment services to inmates who: (i) are otherwise eligible for
  temporary release, or (ii)  stand  convicted  of  a  felony  defined  in
  article  two  hundred twenty or two hundred twenty-one of the penal law,
  and are within six months of being an eligible inmate as  that  term  is
  defined  in  subdivision  two of section eight hundred fifty-one of this
  chapter including such inmates who are  participating  in  such  program
  pursuant  to  subdivision  six  of  section  60.04  of  the  penal  law.
  Notwithstanding the foregoing provisions of this subdivision, any inmate
  to be enrolled in this program pursuant to subdivision  six  of  section
  60.04  of  the  penal  law  shall  be  governed  by  the  same rules and
  regulations promulgated by the department, including without  limitation
  those rules and regulations establishing requirements for completion and
  those  rules  and  regulations governing discipline and removal from the

  program. No such period of court ordered corrections  based  drug  abuse
  treatment  pursuant  to  this  subdivision  shall  be required to extend
  beyond the defendant's conditional release date. Such treatment services
  may  be  provided  by  one or more outside service providers pursuant to
  contractual agreements with the department, provided, however, that  any
  such  provider shall be required to continue to provide, either directly
  or through formal or informal agreement with  other  providers,  alcohol
  and  substance abuse treatment services to inmates who have successfully
  participated in such provider's incarcerative treatment services and who
  have been presumptively released,  paroled,  conditionally  released  or
  released  to  post  release  supervision  under  the  supervision of the
  department and who are, as a condition  of  such  release,  required  to
  participate  in alcohol or substance abuse treatment. Such incarcerative
  services shall be provided in the facility in  accordance  with  minimum
  standards  promulgated  by  the  department  after consultation with the
  office of alcoholism and substance  abuse  services.  Such  services  to
  parolees  shall  be provided in accordance with standards promulgated by
  the department after consultation with  the  office  of  alcoholism  and
  substance  abuse services. The commissioner shall report annually to the
  majority leader of the senate and the speaker of the assembly commencing
  January first, two thousand twelve the number of inmates received by the
  department during the reporting period who are  subject  to  a  sentence
  which  includes  enrollment  in  substance abuse treatment in accordance
  with subdivision six of section 60.04 of the penal law,  the  number  of
  such  inmates  who  are  not  placed  in  such treatment program and the
  reasons for such occurrences.
    * NB Effective September 1, 2013
    19. "Vocational and skills training  facility"  means  a  correctional
  facility  designated  by  the  commissioner  to provide a vocational and
  skills training program ("VAST") to inmates who need such service before
  they participate in a work release  program.  The  VAST  facility  shall
  provide  intensive  assessment,  counseling,  job  search assistance and
  where  appropriate  academic  and  vocational  instruction  to   program
  participants.  Such assistance may include an assessment of any inmate's
  education attainment level and skills aptitudes; career  counseling  and
  exploration;  the  development  of  a  comprehensive  instructional plan
  including identification of educational  and  training  needs  that  may
  extend  beyond  the  date  of  entry  into  work  release; instructional
  programs including GED  preparation  or  post-secondary  instruction  as
  appropriate;   occupational   skills  training;  life  skills  training;
  employment  readiness  including  workplace  behavior;  and  job  search
  assistance.  The  department  and  the department of labor shall jointly
  develop activities providing career counseling, job  search  assistance,
  and  job  placement services for participants. Nothing contained in this
  section shall be deemed to modify the eligibility requirements  provided
  by law applicable to inmates participating in a work release program.
    20.   "Drug  treatment  campus"  means  a  facility  operated  by  the
  department to provide a program of intensive drug treatment services for
  individuals  sentenced  to  parole  supervision  sentences  pursuant  to
  section  410.91  of  the  criminal  procedure  law or for certain parole
  violators. All such treatment services shall be provided by, or with the
  approval of and pursuant to a plan developed in  conjunction  with,  the
  office  of alcoholism and substance abuse services, and which plan shall
  include but not be limited to provision for an appropriate continuum  of
  care  that  includes  a  needs  assessment  and  treatment  services for
  individuals  while  at  this  facility  and  upon  discharge  from  such
  facility,  including  an enhanced aftercare program. Notwithstanding the
  foregoing, in the event that a person sentenced  to  parole  supervision

  pursuant  to  section  410.91  of  the criminal procedure law requires a
  degree of medical care or mental health care that cannot be provided  at
  a  drug  treatment  campus, the department, in writing, shall notify the
  person,     provide     a     proposal     describing     a     proposed
  alternative-to-the-drug-treatment-campus program, and notify him or  her
  that   he   or   she   may  object  in  writing  to  placement  in  such
  alternative-to-the-drug-treatment-campus program. If the person  objects
  in writing to placement in such alternative-to-the-drug-treatment-campus
  program,  the department shall notify the sentencing court, provide such
  proposal to the court, and arrange for the  person's  prompt  appearance
  before  the  court. The court shall provide the proposal and notice of a
  court appearance to the  prosecutor,  the  person  and  the  appropriate
  defense  attorney. After considering the proposal and any submissions by
  the parties, and after a reasonable opportunity for the prosecutor,  the
  person  and  counsel  to  be  heard, the court may modify its sentencing
  order accordingly, notwithstanding the provisions of section  430.10  of
  the  criminal  procedure  law.  A  person  who successfully completes an
  alternative-to-the-drug-treatment-campus program within  the  department
  shall  be  treated  in  the same manner as a person who has successfully
  completed the drug treatment campus program, as set forth herein and  in
  section 410.91 of the criminal procedure law.
    21.  "Residential  mental  health  treatment  unit"  means housing for
  inmates with serious mental illness that  is  operated  jointly  by  the
  department and the office of mental health and is therapeutic in nature.
  Such  units  shall  not  be  operated as disciplinary housing units, and
  decisions about treatment and conditions of confinement  shall  be  made
  based  upon a clinical assessment of the therapeutic needs of the inmate
  and maintenance of adequate safety and security on the unit. Such  units
  shall include, but not be limited to, the residential mental health unit
  model,  the  behavioral health unit model, the intermediate care program
  and the intensive intermediate care program. The models shall be defined
  in regulations promulgated by the department in  consultation  with  the
  commissioner  of  mental  health  consistent  with  this subdivision and
  section  four  hundred  one  of  this  chapter.  Inmates  placed  in   a
  residential  mental health treatment unit shall be offered at least four
  hours a day of structured  out-of-cell  therapeutic  programming  and/or
  mental  health treatment, except on weekends or holidays, in addition to
  exercise, and may be provided with additional out-of-cell activities  as
  are  consistent  with their mental health needs; provided, however, that
  the department may maintain no more than thirty-eight behavioral  health
  unit  beds  in  which  the  number  of  hours  of out-of-cell structured
  therapeutic  programming  and/or  mental  health  treatment  offered  to
  inmates on a daily basis, except on weekends or holidays, may be limited
  to  only  two  hours.  Out-of-cell therapeutic programming and/or mental
  health treatment  need  not  be  provided  to  an  inmate  for  a  brief
  orientation  period following his or her arrival at a residential mental
  health treatment unit. The length of such orientation  period  shall  be
  determined  by a mental health clinician but in no event shall be longer
  than five business days.
    22. "Mental health  clinician"  means  a  psychiatrist,  psychologist,
  social worker or nurse practitioner who is licensed by the department of
  education and employed by the office of mental health.
    23.  "Segregated confinement" means the disciplinary confinement of an
  inmate in a special housing unit or in a separate keeplock housing unit.
  Special housing units and separate keeplock units are housing units that
  consist of cells grouped so as to provide separation  from  the  general
  population,  and  may  be used to house inmates confined pursuant to the
  disciplinary procedures described in regulations.

    24. "Joint case management committee" means a  committee  composed  of
  staff  from  the  department  and  the  office  of mental health. Such a
  committee shall be established at each level one and level two facility.
  Each committee shall consist of at  least  two  clinical  staff  of  the
  office of mental health and two officials of the department. The purpose
  of  such  committee  shall  be  to  review,  monitor  and coordinate the
  behavior and treatment plan of any inmate who is  placed  in  segregated
  confinement  or  a  residential  mental health treatment unit and who is
  receiving services from the office of mental health.
    25.  "Joint  central  office  review  committee"  means  a   committee
  comprised of central office personnel from the department and the office
  of mental health as designated by the respective commissioners.
    26.  "Treatment  team"  means  a team consisting of an equal number of
  individuals from the department and the office of mental health who  are
  assigned  to  a  residential  mental  health treatment unit and who will
  review and determine each inmate's appropriateness for movement  through
  the  various  program  phases, when applicable. The treatment team shall
  also review, monitor and coordinate the treatment plans for  all  inmate
  participants.
    27.  "Level one facility" means a correctional facility at which staff
  from the office of mental health are assigned on a full-time  basis  and
  able  to  provide treatment to inmates with a major mental disorder. The
  array of available  specialized  services  include:  residential  crisis
  treatment,   residential   day   treatment,   medication  monitoring  by
  psychiatric nursing staff, and potential commitment to the  central  New
  York Psychiatric Center.
    28.  "Level two facility" means a correctional facility at which staff
  from the office of mental health are assigned on a full-time  basis  and
  able  to  provide treatment to inmates with a major mental disorder, but
  such disorder is not as acute as that of inmates who  require  placement
  at a level one facility.
    29.  "Level  three  facility"  means  a correctional facility at which
  staff from the office of mental health are assigned on a part-time basis
  and able to provide treatment and medication to inmates who either  have
  a moderate mental disorder, or who are in remission from a disorder, and
  who are determined by staff of the office of mental health to be able to
  function adequately in the facility with such level of staffing.
    30. "Level four facility" means a correctional facility at which staff
  from  the  office of mental health are assigned on a part-time basis and
  able  to  provide  treatment  to  inmates  who   may   require   limited
  intervention, excluding psychiatric medications.
    31.  "Community  supervision"  means  the  supervision  of individuals
  released into the community on temporary release,  presumptive  release,
  parole, conditional release, post release supervision or medical parole.