Section 94 - Use of local government institutions for residential treatment of persons under the custody of the state department of corrections and community supervision1. The state commissioner of corrections and community supervision is hereby authorized to transfer any incarcerated individual under the care or custody of the department who is eligible to be transferred to a residential treatment facility under section seventy-three of this chapter to any county jail, workhouse or penitentiary for the purpose of having such incarcerated individual engage in a residential treatment facility program; provided, however, that: (a) Such incarcerated individual has resided or was employed or has dependents or parents who reside in the county, or in a county that is contiguous to the county, in which the institution to which he or she would be transferred is located;(b) Arrangements have been made for the education, on-the-job training, employment or for some other rehabilitative treatment of such incarcerated individual in the county, or in a county that is contiguous to the county, in which the institution to which he or she would be transferred is located; and(c) The sheriff, warden, superintendent, local commissioner of correction or other person in charge of the institution to which the incarcerated individual would be transferred consents to such transfer.2. An incarcerated individual so transferred shall continue to be in the custody of the state department of corrections and community supervision but shall, during the period of such transfer, be in the care of the head of the institution to which he or she is transferred. The provisions of section seventy-three of this chapter shall apply in the case of any such transfer as fully and completely as if the incarcerated individual were transferred to a residential treatment facility, and the head of the institution to which the incarcerated individual is transferred and the officers and employees thereof shall have and may exercise all of the powers of the superintendent of a residential treatment facility with respect to the care or custody of such incarcerated individual. In any case where an incarcerated individual is employed, however, the provisions of subdivision nine of such section seventy-three shall not apply and the wages or salary of such incarcerated individual shall be dealt with under the provisions applicable to a work release program in the type of institution to which he or she is transferred as provided in section one hundred fifty-four or eight hundred seventy-two of this chapter as the case may be; and in the event such incarcerated individual is returned to a state correctional facility, any balance remaining in the trust fund account shall be paid over to the superintendent of such facility and shall be deposited by him or her as incarcerated individuals' funds pursuant to section one hundred sixteen of this chapter.
3. If at any time the head of a local institution to which an incarcerated individual is transferred under this section is of the opinion that continued care of such incarcerated individual in such institution is inconsistent with the welfare or safety of the community or of the institution or its incarcerated individuals, he or she may request the state commissioner to return such incarcerated individual to a state correctional facility and, upon the receipt of any such request, the commissioner shall cause such incarcerated individual to be so returned promptly and at the expense of the state department of corrections and community supervision.4. The expenses of any such transfer shall be paid by the state department of corrections and community supervision and the commissioner is hereby authorized to reimburse the local institution for a sum determined by the head of such institution and agreed to in advance by the commissioner to be the cost of food, lodging and clothing within the institution, and the actual and necessary food, travel and other expenses required for a program outside the institution, incurred or advanced by the institution; provided, however, that: (a) In any case where the commissioner has a pending agreement with a locality under section ninety-one of this article, the commissioner shall not reimburse the local institution for any cost incurred for food, lodging and clothing within the institution; and(b) The wages or salary, if any, of such incarcerated individual shall be used for such reimbursement and shall be applied to defray any costs authorized to be paid under this section before any amount shall be paid by the commissioner hereunder, and any such wages or salary may be so applied irrespective of the provisions of paragraph (a) of this subdivision.Amended by New York Laws 2021, ch. 322, Sec. 145, eff. 8/2/2021.