§ 23 — Transfer of incarcerated individuals from one correctional facility to another; treatment in outside hospitals

New York § 23

• Jurisdiction: New York
• Law COR: Correction
• Art. 2: Department of Corrections and Community Supervision

Text

§ 23. Transfer of incarcerated individuals from one correctional\nfacility to another; treatment in outside hospitals. 1. The commissioner\nshall have the power to transfer incarcerated individuals from one\ncorrectional facility to another. Whenever the transfer of incarcerated\nindividuals from one correctional facility to another shall be ordered\nby the commissioner, the superintendent of the facility from which the\nincarcerated individuals are transferred shall take immediate steps to\nmake the transfer. The transfer shall be in accordance with rules and\nregulations promulgated by the department for the safe delivery of such\nincarcerated individuals to the designated facility. Within twenty-four\nhours of arriving at the facility to which an incarcerated individual is\ntransferred, he or she shall be allowed to make at least one personal\nphone call, except when to do so would create an unacceptable risk to\nthe safety and security of incarcerated individuals or staff. If\nsecurity precautions prevent the incarcerated individual from making\nsuch call, a staff member designated by the superintendent of the\nfacility shall make a call to a person of the incarcerated individual's\nchoice unless the incarcerated individual declines to have such a call\nmade.\n 2. The commissioner, in his or her discretion, may by written order\npermit incarcerated individuals to receive medical diagnosis and\ntreatment in outside hospitals, upon the recommendation of the\nsuperintendent or director that such outside treatment or diagnosis is\nnecessary by reason of inadequate facilities within the institution.\nSuch incarcerated individuals shall remain under the jurisdiction and in\nthe custody of the department while in said outside hospital and said\nsuperintendent or director shall enforce proper measures in each case to\nsafely maintain such jurisdiction and custody.\n 3. The cost of transporting incarcerated individuals between\nfacilities and to outside hospitals shall be paid from funds\nappropriated to the department for such purpose.\n