N.Y. Correct. Law § 504

§ 504. Designation of substitute jail. 1. If there is no jail in a\ncounty, or the jail becomes unfit or unsafe for the confinement of some\nor all of the inmates, civil or criminal, or is destroyed by fire or\notherwise, or if a pestilential disease breaks out in the jail or in the\nvicinity of the jail and the physician to the jail certifies that it is\nlikely to endanger the health of any or all of the inmates in the jail,\nthe state commission of correction, upon application, must, by an\ninstrument in writing, filed with the clerk of the county, designate\nanother suitable place within the county, or the jail of any other\ncounty, for the confinement of some or all of the inmates, as the case\nrequires. The place so designated thereupon becomes, to all intents and\npurposes, except as otherwise prescribed in this article, the jail of\nthe county for which it has been so designated, and the purposes\nexpressed in the instrument designating the same. The designation may be\namended, modified or revoked by the state commission of correction by a\nsubsequent instrument in writing filed with the clerk of the county.\n 2. Where the jail in a county becomes unfit or unsafe for the\nconfinement of some or all of the inmates due to an inmate disturbance\nor other extraordinary circumstances, including but not limited to a\nnatural disaster, unanticipated deficiencies in the structural integrity\nof a facility or the inability to provide one or more inmates with\nessential services such as medical care, upon the request of the\nmunicipal official as defined in subdivision four of section forty of\nthis chapter and no other suitable place within the county nor the jail\nof any other county is immediately available to house some or all of the\ninmates, the commissioner of corrections and community supervision may,\nin his or her sole discretion, make available, upon such terms and\nconditions as he or she may deem appropriate, all or any part of a state\ncorrectional institution for the confinement of some or all of such\ninmates as an adjunct to the county jail for a period not to exceed\nthirty days. However, if the county jail remains unfit or unsafe for the\nconfinement of some or all of such inmates beyond thirty days, the state\ncommission of correction, with the consent of the commissioner of\ncorrections and community supervision, may extend the availability of a\nstate correctional institution for one or more additional thirty day\nperiods. The state commission of correction shall promulgate rules and\nregulations governing the temporary transfer of inmates to state\ncorrectional institutions from county jails, including but not limited\nto provisions for confinement of such inmates in the nearest\ncorrectional facility, to the maximum extent practicable, taking into\naccount necessary security. The commissioner of corrections and\ncommunity supervision may, in his or her sole discretion, based on\nstandards promulgated by the department, determine whether a county\nshall reimburse the state for any or all of the actual costs of\nconfinement as approved by the director of the division of the budget.\nOn or before the expiration of each thirty day period, the state\ncommission of correction must make an appropriate designation pursuant\nto subdivision one if the county jail remains unfit or unsafe for the\nconfinement of some or all of the inmates and consent to the continued\navailability of a state correctional institution as required for herein.\nThe superintendence, management and control of a state correctional\ninstitution or part thereof made available pursuant hereto and the\ninmates housed therein shall be as directed by the commissioner of\ncorrections and community supervision.\n 3. The county clerk must serve a copy of the designation, duly\ncertified by him or her, under his or her official seal, on the sheriff\nand keeper of the jail of the county designated. The sheriff of that\ncounty must, upon the delivery of the sheriff of the county for which\nthe designation is made, receive into his or her jail, and there safely\nkeep, all persons who may be lawfully confined therein, pursuant to this\narticle; and he or she is responsible for their safekeeping, as if he or\nshe was sheriff of the county for which the designation is made.\n 4. In any county where a jail is under the jurisdiction of a\ncommissioner of correction the term sheriff as set forth in this section\nshall be deemed to mean the commissioner of correction of such county.\n 5. As provided in this section, any designation of the state\ncommission of correction, or any amendment, modification or revocation\nthereto, may be issued by the commission, any member, or any attorney\nemployed by the commission.\n