N.Y. Correct. Law § 89-c

§ 89-c. Use of alternate correctional facilities. 1. Alternate\ncorrectional facilities shall serve only to supplement local\ncorrectional facilities within the city of New York. In considering\nwhether to assign an eligible inmate to an alternate correctional\nfacility or to transfer such inmate from such facility, preference shall\nbe given to available space suitable for housing sentenced inmates at\nlocal correctional facilities within the city of New York.\n 2. Consistent with the provisions of this article and subject to the\napplicable rules and regulations for operation of alternate correctional\nfacilities and the provisions of the operation agreement, assignment of\ninmates to alternate correctional facilities shall be made jointly by\nthe commissioner and the commissioner of the New York city department of\ncorrection. In making such assignments, consideration shall be given to\ninmates who have a greater period of time remaining to be served on\ntheir sentences, taking into account any applicable jail time and good\nbehavior time. No inmate who is eligible for educational services\npursuant to subdivision seven of section three thousand two hundred two\nof the education law and who chooses to avail himself of such services\nshall be assigned to an alternate correctional facility.\n 3. Inmates assigned to alternate correctional facilities shall be\nreturned to a local correctional facility within the city of New York at\nany such time as the commissioner determines:\n (a) that the assignment was not in accordance with this article, or\n (b) that the confinement of an inmate in an alternate correctional\nfacility is no longer suitable because it potentially endangers the\nsafety, security or order of the facility.\n 4. Any inmate who is eligible for educational services pursuant to\nsubdivision seven of section three thousand two hundred two of the\neducation law shall also be returned to a New York city local\ncorrectional facility if he chooses to avail himself of such services.\n 5. Inmates assigned to alternate correctional facilities shall be\nreturned to a New York city correctional facility within the city of New\nYork no later than seven days prior to their scheduled release or\ndischarge from incarceration.\n 6. Notwithstanding any other provisions of law, no inmates from\njurisdictions other than the city of New York shall be housed at any\ntime in an alternate correctional facility.\n