N.Y. Correct. Law § 73

§ 73. Residential treatment facilities. 1. The commissioner may\ntransfer any inmate of a correctional facility who is eligible for\ncommunity supervision or who will become eligible for community\nsupervision within six months after the date of transfer or who has one\nyear or less remaining to be served under his or her sentence to a\nresidential treatment facility and such person may be allowed to go\noutside the facility during reasonable and necessary hours to engage in\nany activity reasonably related to his or her rehabilitation and in\naccordance with the program established for him or her. While outside\nthe facility he or she shall be at all times in the custody of the\ndepartment and under its supervision.\n 2. The department shall be responsible for securing appropriate\neducation, on-the-job training and employment for inmates transferred to\nresidential treatment facilities. The department also shall supervise\nsuch inmates during their participation in activities outside any such\nfacility and at all times while they are outside any such facility.\n 3. Programs directed toward the rehabilitation and total reintegration\ninto the community of persons transferred to a residential treatment\nfacility shall be established. Each inmate shall be assigned a specific\nprogram by the superintendent of the facility and a written memorandum\nof such program shall be delivered to him or her.\n 4. If at any time the superintendent of a residential treatment\nfacility is of the opinion that any aspect of the program assigned to an\nindividual is inconsistent with the welfare or safety of the community\nor of the facility or its inmates, the superintendent may suspend such\nprogram or any part thereof and restrict the inmate's activities in any\nmanner that is necessary and appropriate. Upon taking such action the\nsuperintendent shall promptly notify the commissioner and pending\ndecision by the commissioner, the superintendent may keep such inmate\nunder such security as may be necessary.\n 5. The commissioner may at any time and for any reason transfer an\ninmate from a residential treatment facility to another correctional\nfacility.\n 6. Where a person who is an inmate of a residential treatment facility\nabsconds, or fails to return thereto as specified in the program\napproved for him or her, he or she may be arrested and returned by an\nofficer or employee of the department or by any peace officer, acting\npursuant to his or her special duties, or police officer without a\nwarrant; or a member of the board of parole or an officer designated by\nsuch board may issue a warrant for the retaking of such person. A\nwarrant issued pursuant to this subdivision shall have the same force\nand effect, and shall be executed in the same manner, as a warrant\nissued for violation of community supervision.\n 7. The provisions of this chapter relating to good behavior allowances\nand conditional release shall apply to behavior of inmates while\nassigned to a residential treatment facility for behavior on the\npremises and outside the premises of such facility and good behavior\nallowances may be granted, withheld, forfeited or cancelled in whole or\nin part for behavior outside the premises of the facility to the same\nextent and in the same manner as is provided for inmates within the\npremises of any facility.\n 8. The state board of parole may grant parole to any inmate of a\nresidential treatment facility at any time after he or she becomes\neligible therefor. Such parole shall be in accordance with provisions of\nlaw that would apply if the person were still confined in the facility\nfrom which he or she was transferred, except that any personal\nappearance before the board may be at any place designated by the board.\n 9. The earnings of any inmate of a residential treatment facility\nshall be dealt with in accordance with the procedure set forth in\nsection eight hundred sixty of this chapter.\n 10. The commissioner is authorized to use any residential treatment\nfacility as a residence for persons who are on community supervision.\nPersons who reside in such a facility shall be subject to conditions of\ncommunity supervision imposed by the board.\n