State Codes and Statutes
Statutes > New-york > Cor > Article-5 > 93§ 93. Temporary custody of sentenced inmates in emergencies. 1. Whenever a state of emergency shall be declared by the chief executive officer of a local government pursuant to section two hundred nine-m of the general municipal law, the chief executive officer of the county in which such state of emergency is declared, or where a county or counties are wholly within a city the mayor of such city, may request the governor to remove all or any number of sentenced inmates from institutions maintained by such county or city. Upon receipt of such request, if the governor is satisfied that the public interest so requires, the governor may, in his discretion, authorize and direct the state commissioner of correction to remove such inmates. 2. Upon receipt of any such direction the state commissioner of correction shall transport such inmates to any correctional facility in the department and such inmates shall be retained in the custody of the department, subject to all laws and rules and regulations pertaining to inmates in the custody of the department, until returned to the institution from which they were removed or discharged or released in accordance with the law. 3. In the event that the state department of correction does not have space in its correctional facilities to accommodate all or any number of the inmates so removed from a local institution, the commissioner of correction shall have the power to lodge any number of such inmates in any county jail, workhouse or penitentiary within the state that has room to receive them and such institution shall be required to receive such inmates. Inmates so lodged shall be subject to all rules and regulations pertaining to inmates committed to such institution until returned to the institution from which they were removed, or removed to a state correctional facility, or discharged or released in accordance with the law; provided, however, that inmates discharged or released from any such local institution shall be entitled to receive clothing, money and transportation from the state department of correction to the same extent as inmates discharged or released from a state correctional facility. 4. When sentenced inmates have been removed from a penitentiary pursuant to this section, such penitentiary may be used for the purpose of detention of prisoners awaiting trial or for any other purpose to which a county jail may be put. 5. The original order of commitment and any other case record pertaining to inmates removed pursuant to this section shall be delivered to the head of any institution in which he may be lodged and shall be returned to the institution from which he was removed at the time of his return to such institution or upon his release or discharge in accordance with the law. 6. Inmates removed from a local institution pursuant to a request made under subdivision one of this section may be returned to such institution by the state commissioner of correction, subject to the approval of the governor, at any time such commissioner is satisfied that the return of such inmates is not inconsistent with the public interest. 7. The county or city maintaining the institution from which inmates are removed pursuant to subdivision one of this section shall be liable for all damages arising out of any act performed pursuant to this section and for reimbursement for the following items: (a) The cost of clothing, money and transportation furnished to any inmate who is released or discharged prior to the return of such inmate to the institution from which he is removed shall be paid to the state department of correction; and(b) The cost of maintaining any inmate in a county jail, workhouse or penitentiary shall be paid to the local government that maintains such institution. Such cost shall be the actual per capita daily cost, as certified to the state commissioner of correction.
