§ 504 — Designation of substitute jail

New York § 504

• Jurisdiction: New York
• Law COR: Correction
• Art. 20: Local Correctional Facilities

Text

§ 504. Designation of substitute jail. 1. (a) If there is no jail in a\ncounty, or the jail becomes unfit or unsafe for the confinement of some\nor all of the incarcerated individuals, civil or criminal, or is\ndestroyed by fire or otherwise, or if a pestilential disease breaks out\nin the jail or in the vicinity of the jail and the physician to the jail\ncertifies that it is likely to endanger the health of any or all of the\nincarcerated individuals in the jail, the state commission of\ncorrection, upon application, must, by an instrument in writing, filed\nwith the clerk of the county, designate another suitable place within\nthe county, or the jail of any other county, for the confinement of some\nor all of the incarcerated individuals, as the case requires. The place\nso designated thereupon becomes, to all intents and purposes, except as\notherwise prescribed in this article, the jail of the county for which\nit has been so designated, and the purposes expressed in the instrument\ndesignating the same. The designation may be amended, modified or\nrevoked by the state commission of correction by a subsequent instrument\nin writing filed with the clerk of the county.\n (b) If transfer to the jail of another county would allow for an\nincarcerated individual's participation in beneficial programming, the\nstate commission of correction, upon application and the consent of such\nincarcerated individual and any involved sheriff, may, by an instrument\nin writing, filed with the clerk of the county, designate the jail of\nsuch other county, for the confinement of such incarcerated individual,\nas the case requires. The jail so designated thereupon becomes, to all\nintents and purposes, except as otherwise prescribed in this article,\nthe jail of the county for which it has been so designated, and the\npurposes expressed in the instrument designating the same. The\ndesignation may be amended, modified or revoked by the state commission\nof correction by a subsequent instrument in writing filed with the clerk\nof the county.\n 2. Where the jail in a county becomes unfit or unsafe for the\nconfinement of some or all of the incarcerated individuals due to an\nincarcerated individual disturbance or other extraordinary\ncircumstances, including but not limited to a natural disaster,\nunanticipated deficiencies in the structural integrity of a facility or\nthe inability to provide one or more incarcerated individuals with\nessential services such as medical care, upon the request of the\nmunicipal official as defined in subdivision four of section forty of\nthis chapter and no other suitable place within the county nor the jail\nof any other county is immediately available to house some or all of the\nincarcerated individuals, the commissioner of corrections and community\nsupervision may, in his or her sole discretion, make available, upon\nsuch terms and conditions as he or she may deem appropriate, all or any\npart of a state correctional institution for the confinement of some or\nall of such incarcerated individuals as an adjunct to the county jail\nfor a period not to exceed thirty days. However, if the county jail\nremains unfit or unsafe for the confinement of some or all of such\nincarcerated individuals beyond thirty days, the state commission of\ncorrection, with the consent of the commissioner of corrections and\ncommunity supervision, may extend the availability of a state\ncorrectional institution for one or more additional thirty day periods.\nThe state commission of correction shall promulgate rules and\nregulations governing the temporary transfer of incarcerated individuals\nto state correctional institutions from county jails, including but not\nlimited to provisions for confinement of such incarcerated individuals\nin the nearest correctional facility, to the maximum extent practicable,\ntaking into account necessary security. The commissioner of corrections\nand community supervision may, in his or her sole discretion, based on\nstandards promulgated by the department, determine whether a county\nshall reimburse the state for any or all of the actual costs of\nconfinement as approved by the director of the division of the budget.\nOn or before the expiration of each thirty day period, the state\ncommission of correction must make an appropriate designation pursuant\nto subdivision one of this section if the county jail remains unfit or\nunsafe for the confinement of some or all of the incarcerated\nindividuals and consent to the continued availability of a state\ncorrectional institution as required for herein. The superintendence,\nmanagement and control of a state correctional institution or part\nthereof made available pursuant hereto and the incarcerated individuals\nhoused therein shall be as directed by the commissioner of corrections\nand community supervision.\n 3. The county clerk must serve a copy of the designation, duly\ncertified by him or her, under his or her official seal, on the sheriff\nand keeper of the jail of the county designated. The sheriff of that\ncounty must, upon the delivery of the sheriff of the county for which\nthe designation is made, receive into his or her jail, and there safely\nkeep, all persons who may be lawfully confined therein, pursuant to this\narticle; and he or she is responsible for their safekeeping, as if he or\nshe was sheriff of the county for which the designation is made.\n 4. In any county where a jail is under the jurisdiction of a\ncommissioner of correction the term sheriff as set forth in this section\nshall be deemed to mean the commissioner of correction of such county.\n 5. As provided in this section, any designation of the state\ncommission of correction, or any amendment, modification or revocation\nthereto, may be issued by the commission, any member, or any attorney\nemployed by the commission.\n