2017 New York Laws
COR - Correction
Article 5 - Coordinated Use of State and Local Correctional Institutions
93 - Temporary Custody of Sentenced Inmates in Emergencies.

  93.  Temporary  custody  of  sentenced  inmates  in emergencies. 1.
  Whenever a state of emergency shall be declared by the  chief  executive
  officer  of a local government pursuant to section two hundred nine-m of
  the general municipal law, the chief executive officer of the county  in
  which such state of emergency is declared, or where a county or counties
  are  wholly  within  a  city  the  mayor  of  such city, may request the
  governor  to  remove  all  or  any  number  of  sentenced  inmates  from
  institutions  maintained  by  such  county or city. Upon receipt of such
  request, if the governor  is  satisfied  that  the  public  interest  so
  requires,  the governor may, in his discretion, authorize and direct the
  state commissioner of corrections and community  supervision  to  remove
  such inmates.
2.  Upon  receipt  of  any  such  direction  the state commissioner of
  corrections and community supervision shall transport  such  inmates  to
  any  correctional  facility  in the department and such inmates shall be
  retained in the custody of the department, subject to all laws and rules
  and regulations pertaining to inmates in the custody of the  department,
  until  returned  to  the  institution  from  which  they were removed or
  discharged or released in accordance with the law.
3. In the event that the state department of corrections and community
  supervision does not  have  space  in  its  correctional  facilities  to
  accommodate  all  or  any  number of the inmates so removed from a local
  institution, the commissioner shall have the power to lodge  any  number
  of such inmates in any county jail, workhouse or penitentiary within the
  state  that  has  room  to  receive  them  and such institution shall be
  required to receive such inmates. Inmates so lodged shall be subject  to
  all  rules  and  regulations  pertaining  to  inmates  committed to such
  institution until returned to  the  institution  from  which  they  were
  removed,  or  removed to a state correctional facility, or discharged or
  released in accordance with the law;  provided,  however,  that  inmates
  discharged or released from any such local institution shall be entitled
  to  receive clothing, money and transportation from the state department
  of corrections and community supervision to the same extent  as  inmates
  discharged or released from a state correctional facility.
4.  When  sentenced  inmates  have  been  removed  from a penitentiary
  pursuant to this section, such penitentiary may be used for the  purpose
  of  detention  of  prisoners  awaiting trial or for any other purpose to
  which a county jail may be put.
5. The  original  order  of  commitment  and  any  other  case  record
  pertaining  to  inmates  removed  pursuant  to  this  section  shall  be
  delivered to the head of any institution in  which  he  or  she  may  be
  lodged and shall be returned to the institution from which he or she was
  removed at the time of his return to such institution or upon his or her
  release or discharge in accordance with the law.
6. Inmates removed from a local institution pursuant to a request made
  under   subdivision  one  of  this  section  may  be  returned  to  such
  institution by the  state  commissioner  of  corrections  and  community
  supervision,  subject  to the approval of the governor, at any time such
  commissioner is satisfied  that  the  return  of  such  inmates  is  not
  inconsistent with the public interest.
7.  The  county or city maintaining the institution from which inmates
  are removed pursuant to subdivision one of this section shall be  liable
  for  all  damages  arising  out  of  any  act performed pursuant to this
  section and for reimbursement for the following items:
(a) The cost of clothing, money and transportation  furnished  to  any
  inmate  who is released or discharged prior to the return of such inmate
  to the institution from which he or she is removed shall be paid to  the
  state department of corrections and community supervision; and

(b)  The cost of maintaining any inmate in a county jail, workhouse or
  penitentiary shall be paid to the local government that  maintains  such
  institution.  Such  cost  shall  be the actual per capita daily cost, as
  certified  to  the  state  commissioner  of  corrections  and  community
  supervision.