N.Y.
Correction Law Section 89-C
Use of alternate correctional facilities
1.
Alternate correctional facilities shall serve only to supplement local correctional facilities within the city of New York. In considering whether to assign an eligible incarcerated individual to an alternate correctional facility or to transfer such incarcerated individual from such facility, preference shall be given to available space suitable for housing sentenced incarcerated individuals at local correctional facilities within the city of New York.2.
Consistent with the provisions of this article and subject to the applicable rules and regulations for operation of alternate correctional facilities and the provisions of the operation agreement, assignment of incarcerated individuals to alternate correctional facilities shall be made jointly by the commissioner and the commissioner of the New York city department of correction. In making such assignments, consideration shall be given to incarcerated individuals who have a greater period of time remaining to be served on their sentences, taking into account any applicable jail time and good behavior time. No incarcerated individual who is eligible for educational services pursuant to subdivision seven of Education Law § 3202 (Public schools free to resident pupils)section three thousand two hundred two of the education law and who chooses to avail himself or herself of such services shall be assigned to an alternate correctional facility.3.
Incarcerated individuals assigned to alternate correctional facilities shall be returned to a local correctional facility within the city of New York at any such time as the commissioner determines:(a)
that the assignment was not in accordance with this article, or(b)
that the confinement of an incarcerated individual in an alternate correctional facility is no longer suitable because it potentially endangers the safety, security or order of the facility.4.
Any incarcerated individual who is eligible for educational services pursuant to subdivision seven of Education Law § 3202 (Public schools free to resident pupils)section three thousand two hundred two of the education law shall also be returned to a New York city local correctional facility if he or she chooses to avail himself or herself of such services.5.
Incarcerated individuals assigned to alternate correctional facilities shall be returned to a New York city correctional facility within the city of New York no later than seven days prior to their scheduled release or discharge from incarceration.6.
Notwithstanding any other provisions of law, no incarcerated individuals from jurisdictions other than the city of New York shall be housed at any time in an alternate correctional facility.
Source:
Section 89-C — Use of alternate correctional facilities, https://www.nysenate.gov/legislation/laws/COR/89-C (updated Aug. 13, 2021; accessed Apr. 27, 2024).
