State Codes and Statutes
Statutes > New-york > Cor > Article-4-b > 89-c§ 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 inmate to an alternate correctional facility or to transfer such inmate from such facility, preference shall be given to available space suitable for housing sentenced inmates 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 inmates 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 inmates 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 inmate who is eligible for educational services pursuant to subdivision seven of section three thousand two hundred two of the education law and who chooses to avail himself of such services shall be assigned to an alternate correctional facility. 3. Inmates 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 inmate in an alternate correctional facility is no longer suitable because it potentially endangers the safety, security or order of the facility. 4. Any inmate who is eligible for educational services pursuant to subdivision seven of section three thousand two hundred two of the education law shall also be returned to a New York city local correctional facility if he chooses to avail himself of such services. 5. Inmates 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 inmates from jurisdictions other than the city of New York shall be housed at any time in an alternate correctional facility.
