§ 88 — Authorization for alternate correctional facilities

New York § 88

• Jurisdiction: New York
• Law COR: Correction
• Art. 4-B: Alternate Correctional Facilities For the City of New York

Text

§ 88. Authorization for alternate correctional facilities. 1. As\nhereinafter provided in this article, the department is authorized and\nempowered to establish, operate and maintain under its jurisdiction no\nmore than two alternate correctional facilities.\n 2. In carrying out the purposes of this article, the department may\nacquire land for and construct the alternate correctional facilities\nauthorized pursuant to this section.\n 3. Any acquisition of land for or construction of an alternate\ncorrectional facility shall be governed by section twenty-one of this\nchapter, section one hundred twenty-seven of the state finance law and\nany other provisions of law applicable to the acquisition of land for\nand construction of state correctional facilities. The department, if it\nelects, shall be the lead agency for all purposes under article eight of\nthe environmental conservation law with respect to alternate\ncorrectional facilities.\n 4. For each alternate correctional facility, the commissioner is\nhereby authorized and empowered to enter into a construction agreement,\nan operation agreement, and any other agreements or leases with the city\nof New York which are deemed by the commissioner to be necessary or\nconvenient for the establishment, operation and maintenance of an\nalternate correctional facility. An operation agreement shall govern the\noperation of an alternate correctional facility for up to ten years\nafter the commencement of housing of eligible incarcerated individuals\nat such facility. The commissioner shall not operate an alternate\ncorrectional facility except pursuant to an executed operation\nagreement.\n 5. All agreements entered into by the commissioner and the city of New\nYork pursuant to this section shall be approved by the director of the\nbudget and filed with the chairman of the senate finance committee, the\nchairman of the assembly ways and means committee, the chairman of the\nsenate crime and corrections committee and the chairman of the assembly\ncommittee on correction.\n