N.Y. Correction Law 89-E – Alternate correctional facility review panel
§ 89-e. Alternate correctional facility review panel. 1. The alternate correctional facility review panel is hereby established and shall consist of the commissioner, the chairman of the state commission of correction, the chairman of the board of parole, the director of the office of probation and correctional alternatives, the commissioner of correction of the city of New York, the president of the New York State Sheriffs' Association Institute, Inc., and the president of the Correctional Association of New York or their designees. The governor shall appoint a chairman and vice-chairman from among the members.
Terms Used In N.Y. Correction Law 89-E
- 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
- Eligible incarcerated individuals: shall mean incarcerated individuals of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. 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
- Panel: shall mean the alternate correctional facility review panel established pursuant to section eighty-nine-e of this article. See N.Y. Correction Law 87
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
2. The panel shall be authorized to enter and inspect at any and all times each alternate correctional facility or any part thereof and shall have access to all books, records and data pertaining to any such facility within the possession of the department relating to subdivision three of this section.
3. The panel shall examine whether alternate correctional facilities should continue to be utilized, whether all steps practicable have been taken by the city of New York toward finding alternatives to housing eligible incarcerated individuals in alternate correctional facilities, including the construction of correctional facilities within the city of New York and the development of alternatives to incarceration, and whether there has been compliance with all applicable laws, rules and regulations and the operation agreement.
4. The panel shall prepare an annual report which shall be filed with the governor, the mayor of the city of New York, the chairman of the senate crime and correction committee, and the chairman of the assembly committee on correction no later than the first day of March of each year.