N.Y. Correction Law 89-H – Alternate correctional facilities operating fund
§ 89-h. Alternate correctional facilities operating fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special revenue fund to be known as the alternate correctional facilities operating fund.
Terms Used In N.Y. Correction Law 89-H
- Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible incarcerated individuals; availability and frequency of transportation of incarcerated individuals and visitors of incarcerated individuals to such facility; availability, content and frequency of programming for incarcerated individuals; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both incarcerated individuals and employees of such facilities. See N.Y. Correction Law 87
2. Such fund shall consist of all moneys received by the commissioner pursuant to the operation agreement and all monies received pursuant to section eighty-nine-l of this article. Any interest accruing on amounts deposited in this fund shall be credited to this fund by the state comptroller and shall reduce the amounts the city of New York would otherwise be obligated to pay pursuant to this article. Upon termination of the operation agreement, any balance in the fund less any amount due from the city of New York hereunder shall be paid to the city of New York within sixty days.
3. In the event that any amounts owed by the city of New York pursuant to § 89 of the time such payment is due, the commissioner shall certify the unpaid amount to the state comptroller and the comptroller shall, to the extent not otherwise prohibited by law and subject to any other provision of law providing for withholding of payments to the city of New York which shall take precedence over this subdivision, withhold any such unpaid amount from the next succeeding payments of state aid or local assistance otherwise payable to the city of New York. The amounts so withheld by the comptroller shall be deposited by the comptroller to the fund established by this section.
4. All payments from this account shall be made on the audit of the comptroller on vouchers certified or approved by the commissioner or an employee of the department designated by the commissioner.