N.Y. Correct. Law § 89-a
Management of alternate correctional facilities
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 89-a. 1. Management of alternate correctional facilities.\nSuperintendence, management and control of alternate correctional\nfacilities and the eligible inmates housed therein shall be as directed\nby the commissioner consistent with the following: an alternate\ncorrectional facility shall be operated pursuant to rules and\nregulations promulgated for such facilities by the commissioner in\nconsultation with the state commission of correction and the provisions\nof the operation agreement. The commissioner shall operate such facility\ninsofar as practicable in the same manner as a general confinement\nfacility which houses medium security state inmates. Nothing herein,\nhowever, shall preclude the commissioner from enhancing staffing or\nprogramming to accommodate the particular needs of eligible inmates\npursuant to the operation agreement. No inmate shall be housed in any\nalternate correctional facility until such facility has been established\nin accordance with the provisions of section eighty-nine of this\narticle. The population in an alternate correctional facility shall not\nexceed its design capacity of approximately seven hundred eligible\ninmates except pursuant to variances permitted by law, rule or\nregulation or court order.\n 2. Notwithstanding any other provisions of law, no variance\nauthorizing an alternate correctional facility to exceed its design\ncapacity shall be granted after March fifteenth, nineteen hundred\nninety-two unless the mayor of the city of New York submits, together\nwith the variance request, a certificate of emergency demonstrating the\nneed for such variance and that reasonable alternatives to the granting\nof the variance do not exist, and containing a detailed summary of\nmeasures that will be taken to restore compliance with such design\ncapacity. The chairman of the state commission of correction shall\ntransmit, in a timely manner, notice of such request to the chairmen of\nthe senate crime and correction committee and the assembly correction\ncommittee.\n
§ 89-a. 1. Management of alternate correctional facilities.\nSuperintendence, management and control of alternate correctional\nfacilities and the eligible incarcerated individuals housed therein\nshall be as directed by the commissioner consistent with the following:\nan alternate correctional facility shall be operated pursuant to rules\nand regulations promulgated for such facilities by the commissioner in\nconsultation with the state commission of correction and the provisions\nof the operation agreement. The commissioner shall operate such facility\ninsofar as practicable in the same manner as a general confinement\nfacility which houses medium security state incarcerated individuals.\nNothing herein, however, shall preclude the commissioner from enhancing\nstaffing or programming to accommodate the particular needs of eligible\nincarcerated individuals pursuant to the operation agreement. No\nincarcerated individual shall be housed in any alternate correctional\nfacility until such facility has been established in accordance with the\nprovisions of section eighty-nine of this article. The population in an\nalternate correctional facility shall not exceed its design capacity of\napproximately seven hundred eligible incarcerated individuals except\npursuant to variances permitted by law, rule or regulation or court\norder.\n 2. Notwithstanding any other provisions of law, no variance\nauthorizing an alternate correctional facility to exceed its design\ncapacity shall be granted after March fifteenth, nineteen hundred\nninety-two unless the mayor of the city of New York submits, together\nwith the variance request, a certificate of emergency demonstrating the\nneed for such variance and that reasonable alternatives to the granting\nof the variance do not exist, and containing a detailed summary of\nmeasures that will be taken to restore compliance with such design\ncapacity. The chairman of the state commission of correction shall\ntransmit, in a timely manner, notice of such request to the chairmen of\nthe senate crime and correction committee and the assembly correction\ncommittee.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.