N.Y.
Correction Law Section 73
Residential treatment facilities
1.
The commissioner may transfer any incarcerated individual of a correctional facility who is eligible for community supervision or who will become eligible for community supervision within six months after the date of transfer or who has one year or less remaining to be served under his or her sentence to a residential treatment facility and such person may be allowed to go outside the facility during reasonable and necessary hours to engage in any activity reasonably related to his or her rehabilitation and in accordance with the program established for him or her. While outside the facility he or she shall be at all times in the custody of the department and under its supervision.2.
The department shall be responsible for securing appropriate education, on-the-job training and employment for incarcerated individuals transferred to residential treatment facilities. The department also shall supervise such incarcerated individuals during their participation in activities outside any such facility and at all times while they are outside any such facility.3.
Programs directed toward the rehabilitation and total reintegration into the community of persons transferred to a residential treatment facility shall be established. Each incarcerated individual shall be assigned a specific program by the superintendent of the facility and a written memorandum of such program shall be delivered to him or her.4.
If at any time the superintendent of a residential treatment facility is of the opinion that any aspect of the program assigned to an individual is inconsistent with the welfare or safety of the community or of the facility or its incarcerated individuals, the superintendent may suspend such program or any part thereof and restrict the incarcerated individual’s activities in any manner that is necessary and appropriate. Upon taking such action the superintendent shall promptly notify the commissioner and pending decision by the commissioner, the superintendent may keep such incarcerated individual under such security as may be necessary.5.
The commissioner may at any time and for any reason transfer an incarcerated individual from a residential treatment facility to another correctional facility.6.
Where a person who is an incarcerated individual of a residential treatment facility absconds, or fails to return thereto as specified in the program approved for him or her, he or she may be arrested and returned by an officer or employee of the department or by any peace officer, acting pursuant to his or her special duties, or police officer without a warrant; or a member of the board of parole or an officer designated by such board may issue a warrant for the retaking of such person. A warrant issued pursuant to this subdivision shall have the same force and effect, and shall be executed in the same manner, as a warrant issued for violation of community supervision.7.
The provisions of this chapter relating to good behavior allowances and conditional release shall apply to behavior of incarcerated individuals while assigned to a residential treatment facility for behavior on the premises and outside the premises of such facility and good behavior allowances may be granted, withheld, forfeited or cancelled in whole or in part for behavior outside the premises of the facility to the same extent and in the same manner as is provided for incarcerated individuals within the premises of any facility.8.
The state board of parole may grant parole to any incarcerated individual of a residential treatment facility at any time after he or she becomes eligible therefor. Such parole shall be in accordance with provisions of law that would apply if the person were still confined in the facility from which he or she was transferred, except that any personal appearance before the board may be at any place designated by the board.9.
The earnings of any incarcerated individual of a residential treatment facility shall be dealt with in accordance with the procedure set forth in § 860 (Disposition of earnings)section eight hundred sixty of this chapter.10.
The commissioner is authorized to use any residential treatment facility as a residence for persons who are on community supervision. Persons who reside in such a facility shall be subject to conditions of community supervision imposed by the board.
Source:
Section 73 — Residential treatment facilities, https://www.nysenate.gov/legislation/laws/COR/73 (updated Aug. 13, 2021; accessed Apr. 20, 2024).
