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 incarcerated\nindividual under the care or custody of the department who is eligible\nto be transferred to a residential treatment facility under section\nseventy-three of this chapter to any county jail, workhouse or\npenitentiary for the purpose of having such incarcerated individual\nengage in a residential treatment facility program; provided, however,\nthat:\n (a) Such incarcerated individual has resided or was employed or has\ndependents or parents who reside in the county, or in a county that is\ncontiguous to the county, in which the institution to which he or she\nwould be transferred is located;\n (b) Arrangements have been made for the education, on-the-job\ntraining, employment or for some other rehabilitative treatment of such\nincarcerated individual in the county, or in a county that is contiguous\nto the county, in which the institution to which he or she would be\ntransferred is located; and\n (c) The sheriff, warden, superintendent, local commissioner of\ncorrection or other person in charge of the institution to which the\nincarcerated individual would be transferred consents to such transfer.\n 2. An incarcerated individual so transferred shall continue to be in\nthe custody of the state department of corrections and community\nsupervision but shall, during the period of such transfer, be in the\ncare of the head of the institution to which he or she is transferred.\nThe provisions of section seventy-three of this chapter shall apply in\nthe case of any such transfer as fully and completely as if the\nincarcerated individual were transferred to a residential treatment\nfacility, and the head of the institution to which the incarcerated\nindividual 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 incarcerated individual.\n In any case where an incarcerated individual is employed, however, the\nprovisions of subdivision nine of such section seventy-three shall not\napply and the wages or salary of such incarcerated individual shall be\ndealt with under the provisions applicable to a work release program in\nthe type of institution to which he or she is transferred as provided in\nsection one hundred fifty-four or eight hundred seventy-two of this\nchapter as the case may be; and in the event such incarcerated\nindividual is returned to a state correctional facility, any balance\nremaining in the trust fund account shall be paid over to the\nsuperintendent of such facility and shall be deposited by him or her as\nincarcerated individuals' funds pursuant to section one hundred sixteen\nof this chapter.\n 3. If at any time the head of a local institution to which an\nincarcerated individual is transferred under this section is of the\nopinion that continued care of such incarcerated individual in such\ninstitution is inconsistent with the welfare or safety of the community\nor of the institution or its incarcerated individuals, he or she may\nrequest the state commissioner to return such incarcerated individual to\na state correctional facility and, upon the receipt of any such request,\nthe commissioner shall cause such incarcerated individual to be so\nreturned promptly and at the expense of the state department of\ncorrections and community supervision.\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 incarcerated individual shall\nbe used for such reimbursement and shall be applied to defray any costs\nauthorized to be paid under this section before any amount shall be paid\nby the commissioner hereunder, and any such wages or salary may be so\napplied irrespective of the provisions of paragraph (a) of this\nsubdivision.\n