2013 New York Consolidated Laws
COR - Correction
Article 20 - (500 - 529) LOCAL CORRECTIONAL FACILITIES
504 - 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 other extraordinary circumstances, including but  not  limited  to  a
  natural disaster, unanticipated deficiencies in the structural integrity
  of  a  facility  or  the  inability  to provide one or more inmates with
  essential services such  as  medical  care,  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 corrections and community supervision may,
  in his or her sole discretion,  make  available,  upon  such  terms  and
  conditions as he or she 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
  corrections and community supervision, 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  commissioner  of  corrections  and
  community supervision may, in his  or  her  sole  discretion,  based  on
  standards  promulgated  by  the  department,  determine whether a county
  shall reimburse the state  for  any  or  all  of  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
  corrections and community supervision.
    3.  The  county  clerk  must  serve  a  copy  of the designation, duly
  certified by him or her, under his or her 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 or her jail, and there safely
  keep, all persons who may be lawfully confined therein, pursuant to this
  article; and he or she is responsible for their safekeeping, as if he or
  she 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.
    5.  As  provided  in  this  section,  any  designation  of  the  state
  commission  of  correction, or any amendment, modification or revocation
  thereto, may be issued by the commission, any member,  or  any  attorney
  employed by the commission.