§ 89-j. Title to facilities. Upon payment by the city of New York of the costs of acquisition and construction, the state of New York shall transfer title in fee simple absolute to the city of New York without additional consideration. Notwithstanding the foregoing, as long as an operation agreement entered into pursuant to this article is in effect, the department shall have sole and exclusive authority to operate, manage and maintain such facility including but not limited to the authority to authorize or make without obtaining approval from the city of New York any capital repairs or improvements deemed necessary.

Terms Used In N.Y. Correction Law 89-J

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
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