N.Y. Comp. Codes R. & Regs. tit. 9 § 7210.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7210.6 - Procedures

(a) Prior approval of the commission shall precede the transfer of an inmate from one facility to another facility. Whenever a facility administrator determines that it is necessary to transfer an inmate or group of inmates to another suitable place or facility, he shall contact the commission by telephone or other means and request a substitute jail order. When such request is made at a time other than during the normal business hours of the commission, it shall be referred to the officer of the day assigned by the commission.

(b) It shall be the responsibility of the administrator of an affected facility to identify another facility or a suitable place within the county which may be designated as a substitute jail for such facility. If such suitable place exists, he shall communicate its existence to the commission.

(c) If there is no suitable place in the county to which the inmate or group of inmates may be transferred, the facility administrator shall determine whether the county jail of another county is able to accommodate the inmate or group of inmates. The facility administrator shall take into account such factors as the ability of the county jail of another county to house the inmate or group of inmates in a manner consistent with applicable standards, the proximity of such county jail to the county jail or his county, the potential inconvenience to the family and friends of the inmate whose transfer is contemplated, access to legal counsel and other resources, and the ability of the receiving suitable place or facility to provide proper security and supervision of the inmates.

(d) The facility administrator shall provide the commission or its representative with all pertinent information needed to determine whether a substitute jail order should be granted. Upon the commission's approval for transfer and an assurance by the facility administrator of the receiving facility that he will house the inmates, the facility administrator of the sending facility shall make the necessary arrangements to effectuate the transfer.

(e)

(1) Whenever due to extraordinary circumstances the facility administrator of a facility reasonably believes that the safety or security of an inmate or group of inmates committed to his custody cannot be maintained and that the public safety and security would be preserved by a transfer of the said inmate or group of inmates to an institution, the facility administrator shall make a written request to the commissioner to make available an institution for the confinement of such inmate or group of inmates. Upon the written determination of the commissioner that such institution is available for the confinement of such inmate or group of inmates, the facility administrator shall cause the said inmate or group of inmates to be transferred to the custody of the commissioner. The facility administrator shall provide immediate written notification to the commissioner of the transfer of the said inmate or group of inmates. The commissioner shall immediately forward to the commission a copy of the written transfer request and other papers upon which his determination was made, along with a copy of his written determination.

(2) The commissioner shall take custody of any inmate transferred pursuant to this Part and shall house such inmates in the most proximate available institution, taking into account the security needs of the inmates and of the community. The legal custody of the said inmates shall remain with the facility administrator.

(3) The facility administrator shall assess the conditions of his facility and immediately request the commissioner to return the inmates to the sending facility once the facility is able to accommodate the inmates and their confinement in an institution is no longer needed. If the facility administrator determines that his facility is inappropriate for the return of the transferred inmates, he shall make every effort to find another suitable facility for the confinement of the said inmates. If such facility is available, he shall request the commission to designate it as a substitute jail, and the commission shall make the appropriate designation. If no suitable facility is available, the facility administrator shall notify the commissioner of this fact in writing within 30 days of the transfer of the inmate or group of inmates to his custody and shall request the commissioner to extend the transfer for an additional 30 days. The commissioner, in his discretion, shall consent in writing to the extension. If consent to the extension is granted, the commissioner shall send the request for such extension and his written consent to the commission. The commission shall approve such application if it is satisfied that a suitable facility is not available. Such application for extension may be made and approved at 30-day intervals thereafter until the said inmates are either transferred to a suitable facility or are released from the custody of the facility administrator of the sending facility.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7210.6

Renumbered from 7300.6 New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018