§ 2 — Definitions

§ 2. Definitions. When used in this chapter, unless otherwise\nexpressly stated or the context or subject matter otherwise requires,\nthe following terms have the following meanings:\n 1. "Department" means the state department of corrections and\ncommunity supervision;\n 2. "Commissioner" means the state commissioner of corrections and\ncommunity supervision;\n 3. "Commission" means the state commission of correction;\n 4. (a) "Correctional facility". Any place operated by the department\nand designated by the commissioner as a place for the confinement of\npersons under sentence of imprisonment or persons committed for failure\nto pay a fine. Except as provided in paragraph (b) of this subdivision,\nwhenever reference has been or hereafter will be made in any statute,\njudgment, sentence, commitment, court order or otherwise to a state\nprison, state reformatory, reception center, diagnostic center or other\ninstitution or facility in the department, such reference shall be\ndeemed to mean "correctional facility".\n (b) The term "correctional facility" shall not, however, be deemed to\nmean or to include any place operated by the department for the care and\nconfinement of persons who have been found to be mentally defective or\nmentally ill by a court and who are confined in such place pursuant to\nan order of a court based upon such finding.\n (c) Whenever the term "institution" is used in this chapter or\nelsewhere in such context as to mean an institution in the department,\nsuch term shall be deemed to include correctional facilities and any\nother place operated by the department as a place for the confinement of\npersons.\n 5. "Reception center". A correctional facility for reception,\nclassification and program-planning for purposes of confinement,\ntreatment and transfer.\n 6. "Residential treatment facility". A correctional facility\nconsisting of a community based residence in or near a community where\nemployment, educational and training opportunities are readily available\nfor persons who are on parole or conditional release and for persons who\nare or who will soon be eligible for release on parole who intend to\nreside in or near that community when released.\n 7. "Detention center". A correctional facility for the temporary\ndetention of persons taken into custody upon violation of parole or upon\nviolation of a condition of release, or of persons being transferred\nfrom other correctional facilities, or of persons who are assigned to\nother correctional facilities for confinement but whose presence is\nrequired in court or for some other purpose at a location that is\ndistant from the institution of confinement.\n 8. "Correctional Camp". A correctional facility consisting of a camp\nmaintained for the purpose of including conservation work in the program\nof incarcerated individuals.\n 9. "Diagnostic and treatment center". A correctional facility operated\nfor the purpose of providing intensive physical, mental and sociological\ndiagnostic and treatment services including pre-parole diagnostic\nevaluation, where requested by the board of parole, and scientific study\nof the social and mental aspects of the causes of crime.\n 10. "General confinement facility". A correctional facility for\nconfinement and treatment of persons under institutional programs\noriented to education, vocational training and industry.\n 11. "Work release facility". A facility designated by the commissioner\nas an institution that may conduct a work release program.\n 12. "Superintendent". The chief administrative officer of a\ncorrectional facility. Whenever the term "warden" appears in this\nchapter in such context as to mean an officer of a state correctional\nfacility, such reference shall be deemed to mean "superintendent".\n 13. "Infant" or "minor" means a person who has not attained the age of\neighteen years.\n * 14. "Community treatment facility." A residential chemical\ndependence facility approved as provided in section 32.01 of the mental\nhygiene law or pursuant to section 32.31 of such law used exclusively to\nprovide substance abuse treatment services to persons eligible pursuant\nto section seventy-two-a of this chapter and who are otherwise eligible\nfor temporary release pursuant to subdivision two of section eight\nhundred fifty-one of this chapter. These facilities shall be separate\nand distinct so as not to replace existing substance abuse treatment\nservices.\n * NB Expires September 1, 2027\n 15. "Shock incarceration correctional facility". A correctional\nfacility designated by the commissioner as an institution that may\nconduct a shock incarceration program.\n 16. (a) "Local correctional facility." Any place operated by a county\nor the city of New York as a place for the confinement of persons duly\ncommitted to secure their attendance as witnesses in any criminal case,\ncharged with crime and committed for trial or examination, awaiting the\navailability of a court, duly committed for any contempt or upon civil\nprocess, convicted of any offense and sentenced to imprisonment therein\nor awaiting transportation under sentence to imprisonment in a\ncorrectional facility, or pursuant to any other applicable provisions of\nlaw.\n (b) Whenever the term "jail", "penitentiary" or "workhouse" is used in\nthis chapter, such term shall be deemed to mean local correctional\nfacility.\n (c) Whenever the term "sheriff" is used in this chapter, such term\nshall be deemed to include the warden, superintendent, or other person\nin charge of a local correctional facility.\n 17. "Alcohol and substance abuse treatment facility." A correctional\nfacility designed to house medium security incarcerated individuals as\ndefined by department rules and regulations and operated for the purpose\nof providing intensive alcohol and substance abuse treatment services.\nSuch services shall ensure comprehensive treatment for alcoholism and\nsubstance abuse to incarcerated individuals who have been identified by\nthe commissioner or his or her designee as having had or presently\nhaving a history of alcoholism or substance abuse. Such services shall\nbe provided in the facility in accordance with minimum standards\npromulgated by the department after consultation with the office of\nalcoholism and substance abuse services.\n * 18. "Alcohol and substance abuse treatment correctional annex." A\nmedium security correctional facility consisting of one or more\nresidential dormitories, which provide intensive alcohol and substance\nabuse treatment services to incarcerated individuals who: (i) are\notherwise eligible for temporary release, or (ii) stand convicted of a\nfelony defined in article two hundred twenty or two hundred twenty-one\nof the penal law, and are within six months of being an eligible\nincarcerated individual as that term is defined in subdivision two of\nsection eight hundred fifty-one of this chapter including such\nincarcerated individuals who are participating in such program pursuant\nto subdivision six of section 60.04 of the penal law. Notwithstanding\nthe foregoing provisions of this subdivision, any incarcerated\nindividual to be enrolled in this program pursuant to subdivision six of\nsection 60.04 of the penal law shall be governed by the same rules and\nregulations promulgated by the department, including without limitation\nthose rules and regulations establishing requirements for completion and\nthose rules and regulations governing discipline and removal from the\nprogram. No such period of court ordered corrections based drug abuse\ntreatment pursuant to this subdivision shall be required to extend\nbeyond the defendant's conditional release date. Such treatment services\nmay be provided by one or more outside service providers pursuant to\ncontractual agreements with the department, provided, however, that any\nsuch provider shall be required to continue to provide, either directly\nor through formal or informal agreement with other providers, alcohol\nand substance abuse treatment services to incarcerated individuals who\nhave successfully participated in such provider's incarcerative\ntreatment services and who have been presumptively released, paroled,\nconditionally released or released to post release supervision under the\nsupervision of the department and who are, as a condition of such\nrelease, required to participate in alcohol or substance abuse\ntreatment. Such incarcerative services shall be provided in the facility\nin accordance with minimum standards promulgated by the department after\nconsultation with the office of alcoholism and substance abuse services.\nSuch services to parolees shall be provided in accordance with standards\npromulgated by the department after consultation with the office of\nalcoholism and substance abuse services. Notwithstanding any other\nprovision of law, any person who has successfully completed no less than\nsix months of intensive alcohol and substance abuse treatment services\nin one of the department's eight designated alcohol and substance abuse\ntreatment correctional annexes having a combined total capacity of two\nthousand five hundred fifty beds may be transferred to a program\noperated by or at a residential treatment facility, provided however,\nthat a person under a determinate sentence as a second felony drug\noffender for a class B felony offense defined in article two hundred\ntwenty of the penal law, who was sentenced pursuant to section 70.70 of\nsuch law, shall not be eligible to be transferred to a program operated\nat a residential treatment facility until the time served under\nimprisonment for his or her determinate sentence, including any jail\ntime credited pursuant to subdivision three of section 70.30 of the\npenal law, shall be at least nine months. The commissioner shall report\nannually to the temporary president of the senate and the speaker of the\nassembly commencing January first, two thousand twelve the number of\nincarcerated individuals received by the department during the reporting\nperiod who are subject to a sentence which includes enrollment in\nsubstance abuse treatment in accordance with subdivision six of section\n60.04 of the penal law, the number of such incarcerated individuals who\nare not placed in such treatment program and the reasons for such\noccurrences.\n * NB Effective until September 1, 2027\n * 18. "Alcohol and substance abuse treatment correctional annex." A\nmedium security correctional facility consisting of one or more\nresidential dormitories which provide intensive alcohol and substance\nabuse treatment services to incarcerated individuals who: (i) are\notherwise eligible for temporary release, or (ii) stand convicted of a\nfelony defined in article two hundred twenty or two hundred twenty-one\nof the penal law, and are within six months of being an eligible\nincarcerated individual as that term is defined in subdivision two of\nsection eight hundred fifty-one of this chapter including such\nincarcerated individuals who are participating in such program pursuant\nto subdivision six of section 60.04 of the penal law. Notwithstanding\nthe foregoing provisions of this subdivision, any incarcerated\nindividual to be enrolled in this program pursuant to subdivision six of\nsection 60.04 of the penal law shall be governed by the same rules and\nregulations promulgated by the department, including without limitation\nthose rules and regulations establishing requirements for completion and\nthose rules and regulations governing discipline and removal from the\nprogram. No such period of court ordered corrections based drug abuse\ntreatment pursuant to this subdivision shall be required to extend\nbeyond the defendant's conditional release date. Such treatment services\nmay be provided by one or more outside service providers pursuant to\ncontractual agreements with the department, provided, however, that any\nsuch provider shall be required to continue to provide, either directly\nor through formal or informal agreement with other providers, alcohol\nand substance abuse treatment services to incarcerated individuals who\nhave successfully participated in such provider's incarcerative\ntreatment services and who have been presumptively released, paroled,\nconditionally released or released to post release supervision under the\nsupervision of the department and who are, as a condition of such\nrelease, required to participate in alcohol or substance abuse\ntreatment. Such incarcerative services shall be provided in the facility\nin accordance with minimum standards promulgated by the department after\nconsultation with the office of alcoholism and substance abuse services.\nSuch services to parolees shall be provided in accordance with standards\npromulgated by the department after consultation with the office of\nalcoholism and substance abuse services. The commissioner shall report\nannually to the majority leader of the senate and the speaker of the\nassembly commencing January first, two thousand twelve the number of\nincarcerated individuals received by the department during the reporting\nperiod who are subject to a sentence which includes enrollment in\nsubstance abuse treatment in accordance with subdivision six of section\n60.04 of the penal law, the number of such incarcerated individuals who\nare not placed in such treatment program and the reasons for such\noccurrences.\n * NB Effective September 1, 2027\n 19. "Vocational and skills training facility" means a correctional\nfacility designated by the commissioner to provide a vocational and\nskills training program ("VAST") to incarcerated individuals who need\nsuch service before they participate in a work release program. The VAST\nfacility shall provide intensive assessment, counseling, job search\nassistance and where appropriate academic and vocational instruction to\nprogram participants. Such assistance may include an assessment of any\nincarcerated individual's education attainment level and skills\naptitudes; career counseling and exploration; the development of a\ncomprehensive instructional plan including identification of educational\nand training needs that may extend beyond the date of entry into work\nrelease; instructional programs including GED preparation or\npost-secondary instruction as appropriate; occupational skills training;\nlife skills training; employment readiness including workplace behavior;\nand job search assistance. The department and the department of labor\nshall jointly develop activities providing career counseling, job search\nassistance, and job placement services for participants. Nothing\ncontained in this section shall be deemed to modify the eligibility\nrequirements provided by law applicable to incarcerated individuals\nparticipating in a work release program.\n 20. "Drug treatment campus" means a facility operated by the\ndepartment to provide a program of intensive drug treatment services for\nindividuals sentenced to parole supervision sentences pursuant to\nsection 410.91 of the criminal procedure law or for certain parole\nviolators. All such treatment services shall be provided by, or with the\napproval of and pursuant to a plan developed in conjunction with, the\noffice of alcoholism and substance abuse services, and which plan shall\ninclude but not be limited to provision for an appropriate continuum of\ncare that includes a needs assessment and treatment services for\nindividuals while at this facility and upon discharge from such\nfacility, including an enhanced aftercare program. Notwithstanding the\nforegoing, in the event that a person sentenced to parole supervision\npursuant to section 410.91 of the criminal procedure law requires a\ndegree of medical care or mental health care that cannot be provided at\na drug treatment campus, the department, in writing, shall notify the\nperson, provide a proposal describing a proposed\nalternative-to-the-drug-treatment-campus program, and notify him or her\nthat he or she may object in writing to placement in such\nalternative-to-the-drug-treatment-campus program. If the person objects\nin writing to placement in such alternative-to-the-drug-treatment-campus\nprogram, the department shall notify the sentencing court, provide such\nproposal to the court, and arrange for the person's prompt appearance\nbefore the court. The court shall provide the proposal and notice of a\ncourt appearance to the prosecutor, the person and the appropriate\ndefense attorney. After considering the proposal and any submissions by\nthe parties, and after a reasonable opportunity for the prosecutor, the\nperson and counsel to be heard, the court may modify its sentencing\norder accordingly, notwithstanding the provisions of section 430.10 of\nthe criminal procedure law. A person who successfully completes an\nalternative-to-the-drug-treatment-campus program within the department\nshall be treated in the same manner as a person who has successfully\ncompleted the drug treatment campus program, as set forth herein and in\nsection 410.91 of the criminal procedure law.\n 21. "Residential mental health treatment unit" means housing for\nincarcerated individuals with serious mental illness that is operated\njointly by the department and the office of mental health and is\ntherapeutic in nature. Such units shall not be operated as disciplinary\nhousing units, and decisions about treatment and conditions of\nconfinement shall be made based upon a clinical assessment of the\ntherapeutic needs of the incarcerated individual and maintenance of\nadequate safety and security on the unit. Such units shall include, but\nnot be limited to, the residential mental health unit model, the\nbehavioral health unit model, the intermediate care program and the\nintensive intermediate care program. The models shall be defined in\nregulations promulgated by the department in consultation with the\ncommissioner of mental health consistent with this subdivision and\nsection four hundred one of this chapter. Incarcerated individuals\nplaced in a residential mental health treatment unit shall be offered at\nleast four hours a day of structured out-of-cell therapeutic programming\nand/or mental health treatment, except on weekends or holidays, in\naddition to exercise, and may be provided with additional out-of-cell\nactivities as are consistent with their mental health needs; provided,\nhowever, that the department may maintain no more than thirty-eight\nbehavioral health unit beds in which the number of hours of out-of-cell\nstructured therapeutic programming and/or mental health treatment\noffered to incarcerated individuals on a daily basis, except on weekends\nor holidays, may be limited to only two hours. Out-of-cell therapeutic\nprogramming and/or mental health treatment need not be provided to an\nincarcerated individual for a brief orientation period following his or\nher arrival at a residential mental health treatment unit. The length of\nsuch orientation period shall be determined by a mental health clinician\nbut in no event shall be longer than five business days.\n 22. "Mental health clinician" means a psychiatrist, psychologist,\nsocial worker or nurse practitioner who is licensed by the department of\neducation and employed by the office of mental health.\n 23. "Segregated confinement" means the confinement of an incarcerated\nindividual in any form of cell confinement for more than seventeen hours\na day other than in a facility-wide emergency or for the purpose of\nproviding medical or mental health treatment. Cell confinement that is\nimplemented due to medical or mental health treatment shall be within a\nclinical area in the correctional facility or in as close proximity to a\nmedical or mental health unit as possible.\n 24. "Joint case management committee" means a committee composed of\nstaff from the department and the office of mental health. Such a\ncommittee shall be established at each level one and level two facility.\nEach committee shall consist of at least two clinical staff of the\noffice of mental health and two officials of the department. The purpose\nof such committee shall be to review, monitor and coordinate the\nbehavior and treatment plan of any incarcerated individual who is placed\nin segregated confinement or a residential mental health treatment unit\nand who is receiving services from the office of mental health.\n 25. "Joint central office review committee" means a committee\ncomprised of central office personnel from the department and the office\nof mental health as designated by the respective commissioners.\n 26. "Treatment team" means a team consisting of an equal number of\nindividuals from the department and the office of mental health who are\nassigned to a residential mental health treatment unit and who will\nreview and determine each incarcerated individual's appropriateness for\nmovement through the various program phases, when applicable. The\ntreatment team shall also review, monitor and coordinate the treatment\nplans for all incarcerated individual participants.\n 27. "Level one facility" means a correctional facility at which staff\nfrom the office of mental health are assigned on a full-time basis and\nable to provide treatment to incarcerated individuals with a major\nmental disorder. The array of available specialized services include:\nresidential crisis treatment, residential day treatment, medication\nmonitoring by psychiatric nursing staff, and potential commitment to the\ncentral New York Psychiatric Center.\n 28. "Level two facility" means a correctional facility at which staff\nfrom the office of mental health are assigned on a full-time basis and\nable to provide treatment to incarcerated individuals with a major\nmental disorder, but such disorder is not as acute as that of\nincarcerated individuals who require placement at a level one facility.\n 29. "Level three facility" means a correctional facility at which\nstaff from the office of mental health are assigned on a part-time basis\nand able to provide treatment and medication to incarcerated individuals\nwho either have a moderate mental disorder, or who are in remission from\na disorder, and who are determined by staff of the office of mental\nhealth to be able to function adequately in the facility with such level\nof staffing.\n 30. "Level four facility" means a correctional facility at which staff\nfrom the office of mental health are assigned on a part-time basis and\nable to provide treatment to incarcerated individuals who may require\nlimited intervention, excluding psychiatric medications.\n 31. "Community supervision" means the supervision of individuals\nreleased into the community on temporary release, presumptive release,\nparole, conditional release, post release supervision or medical parole.\n 32. "Correctional association" means the correctional association of\nNew York, duly incorporated by chapter six of the laws of eighteen\nforty-six, and any of its employees, board members, and designees.\n 33. "Special populations" means any person: (a) twenty-one years of\nage or younger; (b) fifty-five years of age or older; (c) with a\ndisability as defined in paragraph (a) of subdivision twenty-one of\nsection two hundred ninety-two of the executive law; or (d) who is\npregnant, in the first eight weeks of the post-partum recovery period\nafter giving birth, or caring for a child in a correctional institution\npursuant to subdivisions two or three of section six hundred eleven of\nthis chapter.\n 34. "Residential rehabilitation unit" means a separate housing unit\nused for therapy, treatment, and rehabilitative programming of\nincarcerated people who have been determined to require more than\nfifteen days of segregated confinement pursuant to department\nproceedings. Such units shall be therapeutic and trauma-informed, and\naim to address individual treatment and rehabilitation needs and\nunderlying causes of problematic behaviors.\n