N.Y. Correction Law 89-C – Use of alternate correctional facilities
§ 89-c. Use of alternate correctional facilities. 1. Alternate correctional facilities shall serve only to supplement local correctional facilities within the city of New York. In considering whether to assign an eligible incarcerated individual to an alternate correctional facility or to transfer such incarcerated individual from such facility, preference shall be given to available space suitable for housing sentenced incarcerated individuals at local correctional facilities within the city of New York.
Terms Used In N.Y. Correction Law 89-C
- Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
- 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. Consistent with the provisions of this article and subject to the applicable rules and regulations for operation of alternate correctional facilities and the provisions of the operation agreement, assignment of incarcerated individuals to alternate correctional facilities shall be made jointly by the commissioner and the commissioner of the New York city department of correction. In making such assignments, consideration shall be given to incarcerated individuals who have a greater period of time remaining to be served on their sentences, taking into account any applicable jail time and good behavior time. No incarcerated individual who is eligible for educational services pursuant to subdivision seven of § 3202 of the education law and who chooses to avail himself or herself of such services shall be assigned to an alternate correctional facility.
3. Incarcerated individuals assigned to alternate correctional facilities shall be returned to a local correctional facility within the city of New York at any such time as the commissioner determines:
(a) that the assignment was not in accordance with this article, or
(b) that the confinement of an incarcerated individual in an alternate correctional facility is no longer suitable because it potentially endangers the safety, security or order of the facility.
4. Any incarcerated individual who is eligible for educational services pursuant to subdivision seven of § 3202 of the education law shall also be returned to a New York city local correctional facility if he or she chooses to avail himself or herself of such services.
5. Incarcerated individuals assigned to alternate correctional facilities shall be returned to a New York city correctional facility within the city of New York no later than seven days prior to their scheduled release or discharge from incarceration.
6. Notwithstanding any other provisions of law, no incarcerated individuals from jurisdictions other than the city of New York shall be housed at any time in an alternate correctional facility.