N.Y. Correction Law 89-K – Termination of operation agreement
§ 89-k. Termination of operation agreement. At the termination of the operation agreement as to either or both alternate correctional facilities, the department shall have an exclusive option to purchase, from the city of New York, the facility or facilities for which the operation agreement has terminated, at a fair market value price or prices which shall be negotiated by the state office of general services and the city of New York. The duration of the state's option to purchase shall commence on the date notice is received from the city of New York of its intent to terminate such agreement and shall continue for a period of six months or until the next succeeding April first, whichever is longer. Such option to purchase shall be deemed exercised upon execution of an agreement to purchase. Notwithstanding any other provision of law, these facilities shall not be operated as correctional facilities except by the department.
Terms Used In N.Y. Correction Law 89-K
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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