2012 New York Consolidated Laws
COR - Correction
Article 4 - (70 - 79-B) ESTABLISHMENT OF CORRECTIONAL FACILITIES, COMMITMENTS TO DEPARTMENT AND CUSTODY OF INMATES
73 - Residential treatment facilities.

 
    §  73.  Residential  treatment  facilities.  1.  The  commissioner may
  transfer any inmate of a  correctional  facility  who  is  eligible  for
  community   supervision  or  who  will  become  eligible  for  community
  supervision within six months after the date of transfer or who has  one
  year  or  less  remaining  to  be  served under his or her sentence to a
  residential treatment facility and such person  may  be  allowed  to  go
  outside  the facility during reasonable and necessary hours to engage in
  any activity reasonably related to his  or  her  rehabilitation  and  in
  accordance  with  the  program established for him or her. While outside
  the facility he or she shall be at all  times  in  the  custody  of  the
  department and under its supervision.
    2.  The  department  shall  be  responsible  for  securing appropriate
  education, on-the-job training and employment for inmates transferred to
  residential treatment facilities. The department  also  shall  supervise
  such  inmates  during their participation in activities outside any such
  facility and at all times while they are outside any such facility.
    3. Programs directed toward the rehabilitation and total reintegration
  into the community of persons transferred  to  a  residential  treatment
  facility  shall be established. Each inmate shall be assigned a specific
  program by the superintendent of the facility and a  written  memorandum
  of such program shall be delivered to him or her.
    4.  If  at  any  time  the  superintendent  of a residential treatment
  facility is of the opinion that any aspect of the program assigned to an
  individual is inconsistent with the welfare or safety of  the  community
  or  of  the facility or its inmates, the superintendent may suspend such
  program or any part thereof and restrict the inmate's activities in  any
  manner  that  is  necessary and appropriate. Upon taking such action the
  superintendent  shall  promptly  notify  the  commissioner  and  pending
  decision  by  the  commissioner, the superintendent may keep such inmate
  under such security as may be necessary.
    5. The commissioner may at any time and for  any  reason  transfer  an
  inmate  from  a  residential  treatment facility to another correctional
  facility.
    6. Where a person who is an inmate of a residential treatment facility
  absconds, or fails  to  return  thereto  as  specified  in  the  program
  approved  for  him  or her, he or she may be arrested and returned by an
  officer or employee of the department or by any  peace  officer,  acting
  pursuant  to  his  or  her  special  duties, or police officer without a
  warrant; or a member of the board of parole or an officer designated  by
  such  board  may  issue  a  warrant  for  the retaking of such person. A
  warrant issued pursuant to this subdivision shall have  the  same  force
  and  effect,  and  shall  be  executed  in the same manner, as a warrant
  issued for violation of community supervision.
    7. The provisions of this chapter relating to good behavior allowances
  and conditional  release  shall  apply  to  behavior  of  inmates  while
  assigned  to  a  residential  treatment  facility  for  behavior  on the
  premises and outside the premises of such  facility  and  good  behavior
  allowances  may be granted, withheld, forfeited or cancelled in whole or
  in part for behavior outside the premises of the facility  to  the  same
  extent  and  in  the  same  manner as is provided for inmates within the
  premises of any facility.
    8. The state board of parole may grant  parole  to  any  inmate  of  a
  residential  treatment  facility  at  any  time  after he or she becomes
  eligible therefor. Such parole shall be in accordance with provisions of
  law that would apply if the person were still confined in  the  facility
  from  which  he  or  she  was  transferred,  except  that  any  personal
  appearance before the board may be at any place designated by the board.

    9. The earnings of any inmate  of  a  residential  treatment  facility
  shall  be  dealt  with  in  accordance  with  the procedure set forth in
  section eight hundred sixty of this chapter.
    10.  The  commissioner  is authorized to use any residential treatment
  facility as a residence for persons who are  on  community  supervision.
  Persons  who reside in such a facility shall be subject to conditions of
  community supervision imposed by the board.