§ 93. Temporary custody of sentenced incarcerated individuals in emergencies. 1. Whenever a state of emergency shall be declared by the chief executive officer of a local government pursuant to § 209-m of the general municipal law, the chief executive officer of the county in which such state of emergency is declared, or where a county or counties are wholly within a city the mayor of such city, may request the governor to remove all or any number of sentenced incarcerated individuals from institutions maintained by such county or city. Upon receipt of such request, if the governor is satisfied that the public interest so requires, the governor may, in his or her discretion, authorize and direct the state commissioner of corrections and community supervision to remove such incarcerated individuals.

2. Upon receipt of any such direction the state commissioner of corrections and community supervision shall transport such incarcerated individuals to any correctional facility in the department and such incarcerated individuals shall be retained in the custody of the department, subject to all laws and rules and regulations pertaining to incarcerated individuals in the custody of the department, until returned to the institution from which they were removed or discharged or released in accordance with the law.

3. In the event that the state department of corrections and community supervision does not have space in its correctional facilities to accommodate all or any number of the incarcerated individuals so removed from a local institution, the commissioner shall have the power to lodge any number of such incarcerated individuals in any county jail, workhouse or penitentiary within the state that has room to receive them and such institution shall be required to receive such incarcerated individuals. Incarcerated individuals so lodged shall be subject to all rules and regulations pertaining to incarcerated individuals committed to such institution until returned to the institution from which they were removed, or removed to a state correctional facility, or discharged or released in accordance with the law; provided, however, that incarcerated individuals discharged or released from any such local institution shall be entitled to receive clothing, money and transportation from the state department of corrections and community supervision to the same extent as incarcerated individuals discharged or released from a state correctional facility.

4. When sentenced incarcerated individuals have been removed from a penitentiary pursuant to this section, such penitentiary may be used for the purpose of detention of prisoners awaiting trial or for any other purpose to which a county jail may be put.

5. The original order of commitment and any other case record pertaining to incarcerated individuals removed pursuant to this section shall be delivered to the head of any institution in which he or she may be lodged and shall be returned to the institution from which he or she was removed at the time of his or her return to such institution or upon his or her release or discharge in accordance with the law.

6. Incarcerated individuals removed from a local institution pursuant to a request made under subdivision one of this section may be returned to such institution by the state commissioner of corrections and community supervision, subject to the approval of the governor, at any time such commissioner is satisfied that the return of such incarcerated individuals is not inconsistent with the public interest.

7. The county or city maintaining the institution from which incarcerated individuals are removed pursuant to subdivision one of this section shall be liable for all damages arising out of any act performed pursuant to this section and for reimbursement for the following items:

(a) The cost of clothing, money and transportation furnished to any incarcerated individual who is released or discharged prior to the return of such incarcerated individual to the institution from which he or she is removed shall be paid to the state department of corrections and community supervision; and

(b) The cost of maintaining any incarcerated individual in a county jail, workhouse or penitentiary shall be paid to the local government that maintains such institution. Such cost shall be the actual per capita daily cost, as certified to the state commissioner of corrections and community supervision.