N.Y. Correction Law 88-A – Authorization for the city of New York to acquire and utilize alternate correctional facilities
§ 88-a. Authorization for the city of New York to acquire and utilize alternate correctional facilities. As set forth in this article, the city of New York, acting by and through its mayor, is authorized and empowered:
Terms Used In N.Y. Correction Law 88-A
- Construction 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 construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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
1. To enter into a construction agreement as defined in this article and pursuant to such agreement to advance payment for the construction of and to acquire from the state two alternate correctional facilities, one in Ogdensburg and one in Cape Vincent, and to finance such construction and acquisition in the manner provided by law under which the city of New York is authorized to finance property acquired or constructed for public purposes regardless of the period of any operation agreement relating to such facilities.
2. To enter into an operation agreement or agreements as defined in this article and pursuant to any such agreements to utilize alternate correctional facilities for the housing of certain incarcerated individuals of New York city correctional facilities.
3. To pay to the state the costs, both capital and operating, which may be required of the city of New York by the state in accordance with a construction agreement or an operation agreement in the manner set forth in any such agreement, including payment in advance of receipt of services.
4. To sell, subject to the provisions of section eighty-nine-k of this article, facilities which were originally acquired from the state as alternate correctional facilities. Upon sale for cash by the city of New York of any facility originally acquired pursuant to a construction agreement as defined in this article, an amount equal to the principal amount of any bonds then outstanding used to finance such acquisition shall be utilized by the city of New York for its general capital purposes.
5. To make provision for indemnification in any construction or operation agreement to conform with the requirements set forth in section eighty-nine-l of this article.
6. From time to time, to authorize, issue and sell obligations, pursuant to the local finance law, to pay the costs of acquiring property, of constructing alternate correctional facilities, of constructing, reconstructing or otherwise providing other public improvements and appurtenances, including in each case architectural and engineering fees, and of purchasing original furnishings, equipment, machinery and apparatus therefor pursuant to this section. The acquisition of such property, the construction of such correctional facilities, the construction, reconstruction or other provision of other public improvements and appurtenances and the purchase of such original furnishings, equipment, machinery and apparatus are hereby declared city purposes.