2019 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.