N.Y. Correct. Law § 94

§ 94. Use of local government institutions for residential treatment\nof persons under the custody of the state department of corrections and\ncommunity supervision. 1. The state commissioner of corrections and\ncommunity supervision is hereby authorized to transfer any inmate under\nthe care or custody of the department who is eligible to be transferred\nto a residential treatment facility under section seventy-three of this\nchapter to any county jail, workhouse or penitentiary for the purpose of\nhaving such inmate engage in a residential treatment facility program;\nprovided, however, that:\n (a) Such inmate has resided or was employed or has dependents or\nparents who reside in the county, or in a county that is contiguous to\nthe county, in which the institution to which he would be transferred is\nlocated;\n (b) Arrangements have been made for the education, on-the-job\ntraining, employment or for some other rehabilitative treatment of such\ninmate in the county, or in a county that is contiguous to the county,\nin which the institution to which he would be transferred is located;\nand\n (c) The sheriff, warden, superintendent, local commissioner of\ncorrection or other person in charge of the institution to which the\ninmate would be transferred consents to such transfer.\n 2. An inmate so transferred shall continue to be in the custody of the\nstate department of corrections and community supervision but shall,\nduring the period of such transfer, be in the care of the head of the\ninstitution to which he or she is transferred. The provisions of section\nseventy-three of this chapter shall apply in the case of any such\ntransfer as fully and completely as if the inmate were transferred to a\nresidential treatment facility, and the head of the institution to which\nthe inmate is transferred and the officers and employees thereof shall\nhave and may exercise all of the powers of the superintendent of a\nresidential treatment facility with respect to the care or custody of\nsuch inmate.\n In any case where an inmate is employed, however, the provisions of\nsubdivision nine of such section seventy-three shall not apply and the\nwages or salary of such inmate shall be dealt with under the provisions\napplicable to a work release program in the type of institution to which\nhe is transferred as provided in sections one hundred fifty-four, eight\nhundred seventy-two or eight hundred ninety-three as the case may be;\nand in the event such inmate is returned to a state correctional\nfacility, any balance remaining in the trust fund account shall be paid\nover to the superintendent of such facility and shall be deposited by\nhim or her as inmates' funds pursuant to section one hundred sixteen of\nthis chapter.\n 3. If at any time the head of a local institution to which an inmate\nis transferred under this section is of the opinion that continued care\nof such inmate in such institution is inconsistent with the welfare or\nsafety of the community or of the institution or its inmates, he or she\nmay request the state commissioner to return such inmate to a state\ncorrectional facility and, upon the receipt of any such request, the\ncommissioner shall cause such inmate to be so returned promptly and at\nthe expense of the state department of corrections and community\nsupervision.\n 4. The expenses of any such transfer shall be paid by the state\ndepartment of corrections and community supervision and the commissioner\nis hereby authorized to reimburse the local institution for a sum\ndetermined by the head of such institution and agreed to in advance by\nthe commissioner to be the cost of food, lodging and clothing within the\ninstitution, and the actual and necessary food, travel and other\nexpenses required for a program outside the institution, incurred or\nadvanced by the institution; provided, however, that:\n (a) In any case where the commissioner has a pending agreement with a\nlocality under section ninety-one of this article, the commissioner\nshall not reimburse the local institution for any cost incurred for\nfood, lodging and clothing within the institution; and\n (b) The wages or salary, if any, of such inmate shall be used for such\nreimbursement and shall be applied to defray any costs authorized to be\npaid under this section before any amount shall be paid by the\ncommissioner hereunder, and any such wages or salary may be so applied\nirrespective of the provisions of paragraph (a) of this subdivision.\n