§ 93. Temporary custody of sentenced incarcerated individuals in\nemergencies.
1.Whenever a state of emergency shall be declared by the\nchief executive officer of a local government pursuant to section two\nhundred nine-m of the general municipal law, the chief executive officer\nof the county in which such state of emergency is declared, or where a\ncounty or counties are wholly within a city the mayor of such city, may\nrequest the governor to remove all or any number of sentenced\nincarcerated individuals from institutions maintained by such county or\ncity. Upon receipt of such request, if the governor is satisfied that\nthe public interest so requires, the governor may, in his or her\ndiscretion, authorize and direct the state commissioner of corrections\nand community supervision
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§ 93. Temporary custody of sentenced incarcerated individuals in\nemergencies. 1. Whenever a state of emergency shall be declared by the\nchief executive officer of a local government pursuant to section two\nhundred nine-m of the general municipal law, the chief executive officer\nof the county in which such state of emergency is declared, or where a\ncounty or counties are wholly within a city the mayor of such city, may\nrequest the governor to remove all or any number of sentenced\nincarcerated individuals from institutions maintained by such county or\ncity. Upon receipt of such request, if the governor is satisfied that\nthe public interest so requires, the governor may, in his or her\ndiscretion, authorize and direct the state commissioner of corrections\nand community supervision to remove such incarcerated individuals.\n 2. Upon receipt of any such direction the state commissioner of\ncorrections and community supervision shall transport such incarcerated\nindividuals to any correctional facility in the department and such\nincarcerated individuals shall be retained in the custody of the\ndepartment, subject to all laws and rules and regulations pertaining to\nincarcerated individuals in the custody of the department, until\nreturned to the institution from which they were removed or discharged\nor released in accordance with the law.\n 3. In the event that the state department of corrections and community\nsupervision does not have space in its correctional facilities to\naccommodate all or any number of the incarcerated individuals so removed\nfrom a local institution, the commissioner shall have the power to lodge\nany number of such incarcerated individuals in any county jail,\nworkhouse or penitentiary within the state that has room to receive them\nand such institution shall be required to receive such incarcerated\nindividuals. Incarcerated individuals so lodged shall be subject to all\nrules and regulations pertaining to incarcerated individuals committed\nto such institution until returned to the institution from which they\nwere removed, or removed to a state correctional facility, or discharged\nor released in accordance with the law; provided, however, that\nincarcerated individuals discharged or released from any such local\ninstitution shall be entitled to receive clothing, money and\ntransportation from the state department of corrections and community\nsupervision to the same extent as incarcerated individuals discharged or\nreleased from a state correctional facility.\n 4. When sentenced incarcerated individuals have been removed from a\npenitentiary pursuant to this section, such penitentiary may be used for\nthe purpose of detention of prisoners awaiting trial or for any other\npurpose to which a county jail may be put.\n 5. The original order of commitment and any other case record\npertaining to incarcerated individuals removed pursuant to this section\nshall be delivered to the head of any institution in which he or she may\nbe lodged and shall be returned to the institution from which he or she\nwas removed at the time of his or her return to such institution or upon\nhis or her release or discharge in accordance with the law.\n 6. Incarcerated individuals removed from a local institution pursuant\nto a request made under subdivision one of this section may be returned\nto such institution by the state commissioner of corrections and\ncommunity supervision, subject to the approval of the governor, at any\ntime such commissioner is satisfied that the return of such incarcerated\nindividuals is not inconsistent with the public interest.\n 7. The county or city maintaining the institution from which\nincarcerated individuals are removed pursuant to subdivision one of this\nsection shall be liable for all damages arising out of any act performed\npursuant to this section and for reimbursement for the following items:\n (a) The cost of clothing, money and transportation furnished to any\nincarcerated individual who is released or discharged prior to the\nreturn of such incarcerated individual to the institution from which he\nor she is removed shall be paid to the state department of corrections\nand community supervision; and\n (b) The cost of maintaining any incarcerated individual in a county\njail, workhouse or penitentiary shall be paid to the local government\nthat maintains such institution. Such cost shall be the actual per\ncapita daily cost, as certified to the state commissioner of corrections\nand community supervision.\n