N.Y. Correct. Law § 93

§ 93. Temporary custody of sentenced inmates in emergencies. 1.\nWhenever a state of emergency shall be declared by the chief executive\nofficer of a local government pursuant to section two hundred nine-m of\nthe general municipal law, the chief executive officer of the county in\nwhich such state of emergency is declared, or where a county or counties\nare wholly within a city the mayor of such city, may request the\ngovernor to remove all or any number of sentenced inmates from\ninstitutions maintained by such county or city. Upon receipt of such\nrequest, if the governor is satisfied that the public interest so\nrequires, the governor may, in his discretion, authorize and direct the\nstate commissioner of corrections and community supervision to remove\nsuch inmates.\n 2. Upon receipt of any such direction the state commissioner of\ncorrections and community supervision shall transport such inmates to\nany correctional facility in the department and such inmates shall be\nretained in the custody of the department, subject to all laws and rules\nand regulations pertaining to inmates in the custody of the department,\nuntil returned to the institution from which they were removed or\ndischarged or released in accordance with the law.\n 3. In the event that the state department of corrections and community\nsupervision does not have space in its correctional facilities to\naccommodate all or any number of the inmates so removed from a local\ninstitution, the commissioner shall have the power to lodge any number\nof such inmates in any county jail, workhouse or penitentiary within the\nstate that has room to receive them and such institution shall be\nrequired to receive such inmates. Inmates so lodged shall be subject to\nall rules and regulations pertaining to inmates committed to such\ninstitution until returned to the institution from which they were\nremoved, or removed to a state correctional facility, or discharged or\nreleased in accordance with the law; provided, however, that inmates\ndischarged or released from any such local institution shall be entitled\nto receive clothing, money and transportation from the state department\nof corrections and community supervision to the same extent as inmates\ndischarged or released from a state correctional facility.\n 4. When sentenced inmates have been removed from a penitentiary\npursuant to this section, such penitentiary may be used for the purpose\nof detention of prisoners awaiting trial or for any other purpose to\nwhich a county jail may be put.\n 5. The original order of commitment and any other case record\npertaining to inmates removed pursuant to this section shall be\ndelivered to the head of any institution in which he or she may be\nlodged and shall be returned to the institution from which he or she was\nremoved at the time of his return to such institution or upon his or her\nrelease or discharge in accordance with the law.\n 6. Inmates removed from a local institution pursuant to a request made\nunder subdivision one of this section may be returned to such\ninstitution by the state commissioner of corrections and community\nsupervision, subject to the approval of the governor, at any time such\ncommissioner is satisfied that the return of such inmates is not\ninconsistent with the public interest.\n 7. The county or city maintaining the institution from which inmates\nare removed pursuant to subdivision one of this section shall be liable\nfor all damages arising out of any act performed pursuant to this\nsection and for reimbursement for the following items:\n (a) The cost of clothing, money and transportation furnished to any\ninmate who is released or discharged prior to the return of such inmate\nto the institution from which he or she is removed shall be paid to the\nstate department of corrections and community supervision; and\n (b) The cost of maintaining any inmate in a county jail, workhouse or\npenitentiary shall be paid to the local government that maintains such\ninstitution. Such cost shall be the actual per capita daily cost, as\ncertified to the state commissioner of corrections and community\nsupervision.\n